01-05-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF JANUARY IN THE YEAR
TWO THOUSAND AND TWELVE
PRESENT: Alan E. Casteen, Chairman
JoAnn W. Hall, Vice - Chairman
Rex W. Alphin
Byron B. Bailey
Delores M. Darden
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
County Attorney Popovich called the meeting to order at 5:00 p.m.
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Supervisor Casteen delivered the invocation.
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The Pledge of Allegiance was conducted.
County Attorney Popovich called for a nomination of a Chairman of
the Board of Supervisors for 2012.
Supervisor Bailey moved that Supervisor Casteen be elected as
Chairman of the Board for 2012. The motion was adopted by a vote of (5 -0)
with Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Casteen called for a nomination of a Vice - Chairman of the
Board of Supervisors for 2012.
Supervisor Alphin moved that Supervisor Hall be elected as Vice -
Chairman of the Board for 2012. The motion was adopted by a vote of (5 -0)
with Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Casteen called for the appointment of a Clerk of the Board
for 2012 and moved that Carey Mills Storm be appointed. The motion was
adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and
Casteen voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Casteen called for consideration of a 2012 meeting schedule
of the Board.
Supervisor Alphin moved that the following meeting schedule of the
Board be adopted for 2012: Thursday, January 19, 2012 at 5:00 p.m.;
Thursday, February 16, 2012 at 5:00 p.m.; Thursday, March 15, 2012 at 5:00
p.m.; Thursday, April 19, 2012 at 5:00 p.m.; Thursday, May 17, 2012 at 5:00
p.m.; Thursday, June 21, 2012 at 5:00 p.m.; Thursday, July 19, 2012 at 5:00
p.m.; Thursday, August 16, 2012 at 5:00 p.m.; Thursday, September 20, 2012
at 5:00 p.m.; Thursday, October 18, 2012 at 5:00 p.m.; Thursday, November
15, 2012 at 5:00 p.m.; Thursday, December 20, 2012 at 5:00 p.m.; and,
Thursday, January 3, 2013 at 5:00 p.m. Advertised public hearings will be
scheduled at 7:00 p.m. on these regular meeting dates. The motion was
adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and
Casteen voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Casteen called for consideration of the Rules of Procedure of
the Isle of Wight County Board of Supervisors.
County Attorney Popovich advised pursuant to the Board's direction,
Article V, Section 5 -5 contains a modification allowing the Chairman, at his
discretion, to reduce the five (5) minutes' time limit per speaker to three (3)
minutes when a significant number of people wish to speak during Citizens
Comments.
Supervisor Alphin moved that the Rules of Procedure of the Isle of
Wight County Board of Supervisors for 2012 be adopted as follows:
RULES OF PROCEDURE
ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
ARTICLE I — MEETINGS
Section 1 -1. Organizational Meeting; Schedule of Regular Meetings
On the first Thursday of January of each year, or on such other date in
the month of January as it may designate, the Board shall assemble at the Isle
of Wight Courthouse, Isle of Wight, Virginia, or such other public place as it
may designate, and conduct its Organizational Meeting. During the course of
such meeting, the Board shall fix the date, time, and place of all of its
Regular Meetings during the ensuing calendar year, and it shall fix the day on
which a Regular Meeting shall be continued if the Chairman declares that
weather or other conditions make it hazardous for members to attend. All
hearings and other matters previously advertised shall be conducted at the
continued meetings. Should the Board subsequently change the date, place,
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or time of Regular Meetings, it shall comply with the requirements of Code
of Virginia Section 15.2 -1416 (1950, as amended).
Regular Meetings may be recessed from day to day or from time to
time or from place to place, but not beyond the time fixed for the next
Regular Meeting, until the business of the Board is concluded.
Section 1 -2. Special Meetings
The Board of Supervisors may hold such Special Meetings as it deems
necessary and at such times and places as it may find convenient. A Special
Meeting shall be called pursuant to the requirements imposed by Code of
Virginia Section 15.2 -1418 (1950, as amended).
Section 1 -3. Quorum and Method of Voting
At any meeting, a majority of the Supervisors shall constitute a
Quorum. All questions submitted to the Board for decision shall be
determined by roll call vote of a majority of the Supervisors present and by
voting on any such question, unless otherwise provided by law. The name of
each member voting, and how he voted, must be recorded.
The Board of Supervisors has elected not to have a tiebreaker, as
provided by the Code of Virginia, as amended, and a tie vote on any question
shall defeat it.
Section 1 -4. Procedure for Roll Call Vote
The Clerk or Deputy Clerk shall call the name of each member and
receive in reply the vote of such member as either "Yes" or "No" on the
measure being considered. The order in which the names of the members are
called shall be determined by the Chairman, who shall always cast the last
vote. At the beginning of any meeting, the Clerk shall conduct a Silent Roll
Call of members present and absent.
Section 1 -5. Board to Sit with Open Doors
The Board of Supervisors shall sit with open doors, and all persons
conducting themselves in an orderly manner may attend the meetings.
However, the Board may hold Closed Meetings, as permitted by law.
Closed Meetings may be placed on the agenda, or may be requested by
any member of the Board. However, no Closed Meeting shall be convened
unless, and until, the Board has favorably acted on a motion to so convene,
and, then, only if such motion accurately states a lawful reason for such
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Closed Meeting, as permitted by and outlined in Code of Virginia Section
2.2 -3711 (1950, as amended).
ARTICLE II — OFFICERS
Section 2 -1. Chairman and Vice - Chairman
At the Organizational Meeting of the Board of Supervisors, the Board
shall elect from its membership a Chairman and Vice - Chairman, each of
whom shall serve for a term which will expire on December 31St of the same
year in which elected, or until their respective successors shall have been
elected. In the event that the Chairman and Vice - Chairman are absent from
any meeting of the Board, then the members present at such meeting shall
choose one of their number as temporary Chairman by majority vote of the
members present and voting.
Section 2 -2. Chairman May Administer Oath
The Chairman, as provided in Code of Virginia Section 15.2 -1410
(1950, as amended), shall have the power to administer an oath to any person
concerning any matter submitted to the Board, or connected with its powers
or duties.
Section 2 -3. Clerk
The Clerk of the Board shall be appointed by the Board of Supervisors
at its Organizational Meeting, and the duties and responsibilities of the Clerk
shall be as specified in Code of Virginia, Section 15.2 -1539 (1950, as
amended) and as delegated by the Board. The Board may also designate a
Deputy Clerk, and at the discretion of the Board, any County employee can
be designated as Temporary Clerk.
Section 2 -4. Parliamentarian
The County Attorney shall serve as the Parliamentarian for the Board at
all of its meetings.
ARTICLE III — CONDUCT OF BUSINESS
Section 3 -1. Order of Business
At meetings of the Board, the order of business shall be as follows:
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(a) Call to Order
(b) Silent Roll Call of Members
(c) Invocation
(d) Pledge of Allegiance
(e) Approval of Agenda
(f) Scheduled Presentations (when required)
(g) Consent Agenda Approval
(h) Regional Reports (when required)
(i) Transportation Matters
0) Citizens' Comments
(k) Board Comments
(1) County Attorney's Report
(m) Department Reports (when required)
(n) County Administrator's Report
(o) Appointments
(p) Old Business
(q) New Business
(r) Public Hearings (when required)
(s) Closed Meeting (when required)
(t) Adjournment
Section 3 -2. Consent Agenda
The Consent Agenda shall be introduced by a motion "to approve the
Consent Agenda" and shall be considered by the Board as a single item.
There shall be no debate or discussion by any member of the Board regarding
any item on the Consent Agenda, beyond asking questions for simple
clarification.
At the request of any member of the Board of Supervisors, an item
shall be removed from the Consent Agenda.
Approval of the motion to approve the Consent Agenda shall constitute
approval, adoption, or enactment of each motion, resolution, or other item of
business thereon, exactly as if each had been acted upon individually.
Section 3 -3. Manner of Addressing Board; Priority in Speaking
When any citizen speaks to the Board, he or she shall address the
Chairman and shall confine his or her remarks strictly to the question before
the Board.
When two or more members of the Board wish to speak at the same
time, the Chairman shall designate the order in which each member shall
speak.
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Any person engaging in any conduct which impairs the ability of the
Board to conduct, or citizens to participate in, a meeting may be ejected from
that meeting and may incur additional penalties.
Section 3 -4. Motion
No proposition shall be entertained by the Chairman until a motion for
the same has been duly made. The Chairman may make a motion without
vacating the chair. Discussion of items will be permitted only after a motion
is on the floor.
Section 3 -5. Motion to Adjourn; Automatic Adjournment
A motion to adjourn shall always be in order and shall be decided
without debate.
The Chairman shall automatically adjourn, without benefit of any
motion or debate, any meeting of the Board which has not concluded by
11:00 p.m. No meeting of the Board shall continue beyond 11:00 p.m.
unless, and until, a motion to extend the time has been offered and passed by
a majority vote of the members present and voting.
Section 3 -6. Motions While a Ouestion is Under Debate
When a motion is under debate at a meeting of the Board, no motion
shall be received unless it be one to amend, to commit or refer for study, to
postpone, to call for the previous question, to call for a substitute motion, to
lay on the table, or to adjourn.
Section 3 -7. Reconsideration of Motions, Etc., Upon Which a Vote has been
Announced
At a meeting of the Board, when any vote upon any motion, resolution,
ordinance, or question has been announced, it may not be reconsidered
unless, and until, a motion to that effect is made by a member of the Board
who voted with the prevailing side when such motion, resolution, ordinance,
or question was considered. Any such motion to reconsider shall be decided
by a majority vote of the members present, unless a greater number of votes
was required to pass the measure, in which event, the motion to reconsider
shall not prevail, except upon the vote of as great a number of members as
was required to pass the measure.
For the purpose of this Section, "meeting" shall include any Continued
or Special Meeting occurring prior to the next Regular Meeting.
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Section 3 -8. Robert's Rules of Order; Suspending Rules
The proceedings of the Board of Supervisors, except as otherwise
provided in these By -Laws and by applicable State law, shall be governed by
the principals of Robert's Rules of Order.
These Rules may only be suspended on presentation of a motion to that
effect which is carried by unanimous vote of the members present and voting.
ARTICLE IV — PUBLIC HEARINGS
Section 4 -1. Format for Public Hearings
The following format shall be followed for all Public Hearings
conducted before the Board of Supervisors:
a. The Chairman will make a brief statement identifying the matter
to be heard and verify that all legal notification requirements
have been met.
b. The Chairman will call upon the appropriate county staff member
to present the item to be heard. Staff presentations should be
concise.
C. The applicant may appear on his own behalf, or be represented by
counsel or an agent. The applicant, or his counsel or agents, shall
have a combined total of ten (10) minutes to speak.
d. The Chairman will open the floor to public comment, if any, after
the applicant, or his counsel or agent, has spoken. Any private
citizen may speak for or against the issue. The Clerk shall prepare
a register sign their name and address. The Chairman shall call
each speaker in the order that their name appears on the register.
Each speaker shall clearly state his or her name, address and /or
City /County of residence for the records. Citizen comments are
limited to five (5) minutes per speaker. Citizens may not donate
their unused time to other citizen speakers. The applicant, or his
counsel or agent, shall be given an opportunity for rebuttal,
which shall last for no more than five (5) minutes. All speakers
shall provide their name and address or election district. The
Chairman may in his discretion change the five (5) minute time
limit per speaker to three (3) minutes when he believes there is a
significant number of people who wish to speak at the Public
Hearing.
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e. Speakers will be given a warning one (1) minute prior to the
expiration of their presentation time.
f. The Parliamentarian shall be responsible for noting the expiration
of time limits, and the Chairman shall be responsible for
enforcing it.
g. The Chairman shall then close the Public Hearing and refer the
matter for Board discussion.
Section 4 -2 Close of Hearing
When a Public Hearing shall have been closed by order of the
Chairman of the Board, no further public comments shall be received.
However, any Board member may ask a question of any person who spoke at
the Public Hearing.
ARTICLE V — AGENDA AND CITIZEN PARTICIPATION
Section 5 -1. Preparation
The Clerk shall prepare a proposed Agenda for each meeting,
conforming to the order of business specified in Section 3 -1 under Order of
Business. The Board shall adopt an Agenda, with such additions or deletions
as it may desire, immediately following the Pledge of Allegiance.
Section 5 -2. Delivery
The Agenda shall be received by each member of the Board and by the
County Attorney no later than the Friday preceding the Board meeting. The
Clerk of the Board may request an adjustment to the delivery schedule, due to
special circumstances.
Section 5 -3. Posting
A copy of the proposed Agenda shall be posted in the Office of the
County Administrator.
Section 5 -4. Copies
The Clerk or the Deputy Clerk of the Board shall prepare, or cause to
be prepared, extra copies of the Agenda and shall make the same available to
the public in the Office of the County Administrator at the same time that the
Agenda is posted pursuant to Section 5 -3 above. The Clerk or Deputy Clerk
shall also have copies available at each meeting.
Section 5 -5. Citizen Comment
Any citizen who desires to address the Board during the "Citizens'
Comments" portion of the Agenda shall sign the registration form,
identifying, with reasonable certainty, the subject matter of his comment
prior to the commencement of Citizens' Comments. Citizens who do not
sign the registration form prior to the commencement of Citizens' Comments
may address the Board at the end of the meeting.
Speakers participating in Citizens' Comments shall clearly state their
name and address, and /or city /county of residence, and shall be subject to a
five (5) minute time limitation, to be kept and enforced as stated in Article IV
hereof. The Chairman may in his discretion change the five (5) minute time
limit per speaker to three (3) minutes when he believes there is a significant
number of people who wish to speak at during Citizens' Comments.
Speakers will be given a warning one (1) minute prior to their presentation
time expiring. Each citizen speaking during Citizens' Comments shall be
limited to one (1) appearance at each Regular Meeting of the Board, and
citizens may not donate their unused speaking time to another speaker.
The Board shall not respond to any comments, or answer any
questions, posed by speakers during Citizens' Comments.
ARTICLE VI — ENACTMENT OF RULES; AMENDMENTS
Section 6 -1. Enactment of Rules; Amendments
These Rules of Procedure shall be reenacted at each Organizational
Meeting of the Board with any amendments the Board deems necessary or
desirable.
No later than December 1 st of each year, the County Attorney shall
deliver a copy of the most recently enacted Rules of Procedure to each
member and member elect of the Board, soliciting any proposed changes to
the Rules. The County Attorney shall prepare proposed amendments based
on any such Board comments and include them in the Agenda for
consideration at the Organizational Meeting.
The Board may amend these Rules from time to time, by a majority
vote of the Board.
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The motion was adopted by a vote of (5 -0) with Supervisors Bailey,
Darden, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Casteen called for Approval of the Agenda.
County Attorney Popovich requested the agenda be revised to reflect
consideration of a resolution requesting the Governor to declare Isle of Wight
County an agricultural disaster area under the County Administrator's report
and that Items (H) — (0) be pulled from the Consent Agenda.
Supervisor Hall moved that the Agenda be approved, as amended. The
motion was adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
H
Chairman Casteen called for consideration of the Consent Agenda.
A. Resolution of Recognition and Appreciation
Resolution to Recognize the Contributions of Stan D. Clark
B. Resolution of Recognition and Appreciation
Resolution to Recognize the Contributions of Thomas J.
Wright, III
C. Town of Smithfield Water Rate Change
D. Water Quality Improvement Fund
E. VACoNML Legislative Day
F. Litter Pick Up
G. Delinquent Tax Collection Report
H. August 4, 2011 Regular Meeting Minutes
I. September 1, 2011 Regular Meeting Minutes
J. October 6, 2011 Regular Meeting Minutes
K. October 14, 2011 Called Meeting Minutes
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L. October 17, 2011 Called Meeting Minutes
M. November 17, 2011 Regular Meeting Minutes
N. December 1, 2011 Special Meeting Minutes
O. December 1, 2011 Regular Meeting Minutes
Supervisor Darden moved that Items (A) through (G) of the Consent
Agenda be approved. The motion was adopted by a vote of (5 -0) with
Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Casteen moved that Items (H) through (L) of the Consent
Agenda be approved. The motion was adopted by a vote of (2 -0 -3) with
Supervisors Casteen and Hall voting in favor of the motion; no Supervisors
voting in opposition to the motion; and, Supervisors Alphin, Bailey and
Darden abstaining from voting on the motion.
Supervisor Alphin moved that Items (M) through (0) be approved.
The motion was adopted by a vote of (3 -0 -2) with Supervisors Casteen, Hall
and Alphin voting in favor of the motion; no Supervisors voting in
opposition to the motion; and, Supervisors Bailey and Darden abstaining
from voting on the motion.
Chairman Casteen called for the County Attorney's report.
County Attorney Popovich presented an Animal Control Memorandum
of Understanding (MOU) for the Board's consideration as a result of the new
Sheriff assuming the position of Isle of Wight County Sheriff.
Sheriff Marshall addressed the Board regarding his recommendation
that the Sheriff's Department oversee the daily operations within the Animal
Control Department, which can be implemented incrementally and within the
existing budget beginning with Animal Control Officers being deputized and
law enforcement certified.
Supervisor Darden moved that the Animal Control Memorandum of
Understanding (MOU) be tabled until the Board's January 19, 2012 meeting.
In the meantime, the Sheriff and County Attorney are to develop a MOU
which places oversight and supervisory authority of Animal Control under
the Sheriff. The motion was adopted by a vote of (5 -0) with Supervisors
Bailey, Darden, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
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Sheriff Marshall addressed the Board regarding the removal of School
Resource Officers (SRO) from the elementary schools in order to address
vacancies within the Sherriff's Department. He advised that the Sheriff's
Department conjunctively working with the Towns of Smithfield and
Windsor Police Departments to address before and after - school traffic at the
schools, as necessary. He advised that until a sufficient staffing level is
achieved in the Sheriff's Department, there will be no full -time SRO's in the
elementary schools.
County Attorney Popovich presented a Resolution to Amend and
Reenact the Isle of Wight County Code by Amending and Reenacting
Chapter 4.1. Community Antenna Television Systems for the Board's
consideration which he recommends the Board authorize the Chairman to
sign on behalf of the Board.
Supervisor Hall moved that the following Resolution be adopted:
RESOLUTION TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 4.1. COMMUNITY ANTENNA TELEVISION SYSTEMS
WHEREAS, the Isle of Wight County Board of Supervisors, at their
regularly scheduled meeting of November 17, 2011, adopted a Cable
Franchise Ordinance with Charter Communications VI, LLC; and
WHEREAS, as a matter of clarification and organization of the Isle of
Wight County Code the Isle of Wight County Board of Supervisors hereby
deems it appropriate to replace the current Chapter 4.1 Community Antenna
Television Systems provision of the Isle of Wight County Code as those
provisions are now outdated and irrelevant.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Chapter 4.1 Community Antenna Television
Systems of the Isle of Wight County Code is hereby amended and reenacted
as Chapter 4.1 Cable Franchise Ordinance which shall contain all of those
provisions contained in the Cable Franchise Ordinance with Charter
Communications VI, LLC as adopted by the Board of Supervisors on
November 17, 2011.
The motion was adopted by a vote of (5 -0) with Supervisors Bailey,
Darden, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich discussed with the Board a letter received
from Thomas W. Butler, Jr., dated December 11, 2011, requesting the Board
to consider adopting an ordinance to address vagrancy on public property at
Tyler's Beach. He advised that the Code of Virginia contains provisions
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relating to trespassing on property and he recommended that Mr. Butler's
request be forwarded to the Sheriff's Department for further review and
appropriate action.
Supervisor Hall moved that staff forward Mr. Butler's request to the
Sheriff's office for review and appropriate action. The motion was adopted
by a vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen
voting in favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich advised that the Deed for the purchase of
real property adjacent to the American K -9 complex from the Commonwealth
of Virginia is currently being reviewed and scheduled for execution by the
State. He advised that former Delegate Barlow has advised that new
legislation may be submitted to the General Assembly that would allow
conveyance of this property to the County without charge. He requested that
the Board provide direction as to how it wishes for him to proceed, either
with the new legislation or with the conveyance as currently contemplated.
Chairman Casteen moved that the County Attorney be directed to
proceed as outlined. The motion was adopted by a vote of (5 -0) with
Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
County Attorney Popovich advised the Board with regard to the
invitation from School Superintendent Perera to the Board to take a tour of
the County's schools, under the Freedom of Information Act, Board members
are allowed to meet at informational gatherings as long as no County
business matters are discussed.
County Administrator Caskey was requested to coordinate a date and
time for such a tour to be held.
Chairman Casteen called for the General Services report.
Eddie P. Wrightson, Director of General Services, briefed the Board
regarding the Chesapeake Bay TMDL Phase II Watershed Implementation
Plan being mandated by the Environmental Protection Agency.
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Chairman Casteen declared a break.
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The Board returned to open meeting and Chairman Casteen called for
the continuation of the General Services report.
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Mr. Wrightson presented a request for staffing within the General
Services Department/Engineering Division.
Supervisor Hall moved that the County Administrator be authorized to
implement the following staffing recommendations: Reclassify Project
Engineer to County Engineer; Environmental Programs Manager; Project
Manager; Reclassify PT Administrative Assistant to FT Special Project
Manager; Eliminate the Project Engineer; and, eliminate the PT Custodian
position. The motion was adopted by a vote of (5 -0) with Supervisors
Bailey, Darden, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
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Chairman Casteen called for the County Administrator's report.
Following advisement by County Attorney Popovich on what
constitutes a violation to the Code of Virginia regarding the attendance of
Board members at Board /Committee meetings, the Board discussed the need
of the new Board members to be brought up -to -date on key areas such as
finance, the intermodal park and economic development. It was the Board's
concensus that Chairman Casteen will call a special meeting of the Board on
Tuesday, January 10, 2012 at 10:00 a.m. in the Robert C. Claud, Sr. Board
Room to discuss financial matters of the County. The Director of Budget and
Finance was directed to be prepared to present customary items that would be
for discussion at a Budget & Finance Committee meeting. The Director of
Budget and Finance was requested to continue providing the Board with
reports on revenue /expense /capital and schools, as well as a running log of
the Unassigned Fund Balance.
County Administrator Caskey requested that the Board give
consideration to making appointments to various internal and regional
Boards /Committees.
Supervisor Alphin moved that Chairman Casteen be appointed to fill
the unexpired term of former Supervisor Clark on the Hampton Roads
Economic Development Alliance. The motion was adopted by a vote of (5 -0)
with Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that Supervisor Darden be appointed and
Supervisor Hall serve as the Alternate on the Hampton Roads Transportation
Planning Organization. The motion was adopted by a vote of (5 -0) with
Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
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Chairman Casteen moved that Supervisor Darden be appointed to serve
on the Hampton Roads Military and Federal Facilities Alliance. The motion
was adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin
and Casteen voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Bailey moved that Chairman Casteen be appointed to serve
on the Hampton Roads Partnership. The motion was adopted by a vote of (5-
0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor
of the motion and no Supervisors voting against the motion.
Chairman Casteen moved that Supervisor Darden be appointed to serve
on the Hampton Roads Planning District Commission. County Administrator
Caskey is to serve as the other representative. The motion was adopted by a
vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bailey moved that Chairman Casteen be appointed to serve
on the Mayors and Chairs Caucus. The motion was adopted by a vote of (5-
0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor
of the motion and no Supervisors voting against the motion.
Supervisor Bailey moved that Chairman Casteen be appointed to serve
on the Southside Mayors and Chairs. The motion was adopted by a vote of
(5 -0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Casteen moved that Supervisors Alphin and Darden be
appointed to serve on the Franklin Intergovernmental Relations Committee.
The motion was adopted by a vote of (5 -0) with Supervisors Bailey, Darden,
Hall, Alphin and Casteen voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Casteen moved that Supervisor Alphin be appointed to serve
on the South Hampton Roads Resource Conservation and Development
Council. The motion was adopted by a vote of (5 -0) with Supervisors Bailey,
Darden, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen moved that Supervisors Hall and Bailey be
appointed to serve on the Western Tidewater Regional Jail Authority. The
motion was adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bailey moved that Chairman Casteen and Supervisor
Darden be appointed to serve on the Western Tidewater Regional Water
Authority. The motion was adopted by a vote of (5 -0) with Supervisors
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Bailey, Darden, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Bailey moved that the following Board members be
appointed to serve on the following Boards /Commissions /Committees:
Housing Rehabilitation Advisory Board /Supervisor Bailey
Isle of Wight Commission on Aging /Supervisor Bailey
Isle of Wight Fair Committee /Supervisors Bailey and Alphin
Isle of Wight Fire and Rescue Association/Supervisor Hall and
Chairman Casteen
Joint Tourism Committee /Chairman Casteen and Supervisor
Darden
Newport Development Service District Committee /Supervisor
Bailey
Small Business Committee /Supervisor Hall
Smithfield Intergovernmental Relations Committee /Chairman
Casteen and Supervisors Hall and Supervisor Darden
Southern Development Committee /Supervisor Alphin
Windsor Intergovernmental Relations Committee /Supervisors
Darden and Alphin
Refuse and Recycling Committee /Supervisors Alphin and Darden
The motion was adopted by a vote of (5 -0) with Supervisors Bailey,
Darden, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Casteen moved that Mrs. Hall be appointed to serve along
with him on the Coalition of High Growth Communities. The motion was
adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and
Casteen voting in favor of the motion and no Supervisors voting against the
motion.
County Administrator Caskey recommended that the Board adopt a
Resolution to Accept Donated Shelter Support Unit from Hampton Roads
Planning District Commission.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT DONATED SHELTER SUPPORT UNIT
FROM HAMPTON ROADS PLANNING DISTRICT COMMISSION
WHEREAS, Hampton Roads Planning District Commission on behalf
of the Hampton Roads jurisdictions, agencies and organizations under the
Hampton Roads Urban Areas Security Initiative (UASI) grant and the
Metropolitan Medical Response System (MMRS) grant desires to donate a
Shelter Support Unit (SSU) to the Department of Emergency Services for the
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purposes of supporting the functional and medical needs of individuals in
shelters during mass casualty events or disasters in Isle of Wight County and,
WHEREAS, the Board of Supervisors of Isle of Wight County hereby
accepts the gift of the Shelter Support Unit;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the
donated Shelter Support Unit be accepted for use by the Department of
Emergency Services to support the functional and medical needs of
individuals in shelters during mass casualty events or disasters.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to do all things necessary to
give this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bailey,
Darden, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
Regarding the issue of a Board Retreat, County Administrator Caskey
was requested to return with a proposal for conducting a retreat off of the
County complex on a week day. Staff members should be prepared to
address the Board at the Retreat regarding their Department's purpose and
any budgetary needs.
County Administrator Caskey presented a request from Mayor
Councill, City of Franklin, to conduct a regional meeting with the City of
Franklin and Southampton County. County Administrator Caskey was
requested to explore potential dates for such a meeting and move forward
with setting it up in March of 2012.
County Administrator Caskey presented a request from the County's
Extension Agent to adopt a resolution requesting that the Governor declare
the County an agricultural disaster area.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO REQUEST THAT THE
GOVERNOR DECLARE ISLE OF WIGHT COUNTY
AN AGRICULTURAL DISASTER AREA
WHEREAS, Isle of Wight County, Virginia has experienced adverse
weather conditions in the growing season of 2011; and,
WHEREAS, said adverse weather conditions have severely damaged the
cotton crops in Isle of Wight County; and,
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WHEREAS, the damage to the cotton crop will create financial losses
estimated at $4.8 million; and,
WHEREAS, the crop damage will create an economic hardship on those
farmers negatively impacted by the adverse weather conditions.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia requests the
Governor of the Commonwealth of Virginia to designate Isle of Wight County
an agricultural disaster area for the purpose of being eligible for low interest
loans and /or other disaster aid.
The motion was adopted by a vote of (5 -0) with Supervisors Bailey,
Darden, Hall, Alphin and Casteen voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Casteen called for Appointments.
Chairman Casteen moved that Norma Odom Leonard be appointed to
serve on the Boykins Tavern Museum Advisory Committee. The motion was
adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and
Casteen voting in favor of the motion and no Supervisors voting against the
motion.
Chairman Casteen moved that Marilyn Curtin be appointed to serve on
the Boykins Tavern Museum Advisory Committee. The motion was adopted
by a vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that Thelma White be reappointed to
represent the Carrsville District on the Commission on Aging. The motion
was adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin
and Casteen voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Alphin moved that Glen Gaskins be appointed to serve on
the Southern Development Committee.. The motion was adopted by a vote
of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that Jimmy Oliver be reappointed to serve
on the Purchase of Agricultural Conservation Easement Program.. The
motion was adopted by a vote of (5 -0) with Supervisors Bailey, Darden, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
RD
Supervisor Darden moved to appoint Kevin Slutten (Colonial Farm
Credit) replacing herself on the Purchase of Agricultural Conservation
Easement Program. The motion was adopted by a vote of (5 -0) with
Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor of the
motion and no Supervisors voting against the motion.
H
Chairman Casteen called for Old Business.
Mark W. Furlo, Director of Parks and Recreation, responsive to the
Board's motion at its December 1, 2011 meeting to table the matter of
hunting on the Blackwater tract to this meeting, advised that if the property
were not County owned, it would be eligible for participation in the Land
Use Program and taxes for the total property would be $8,147.75 or $3.25 per
acre, making the minimal amount of rent accepted by the County $4,163.84
in the southern tract currently being leased by the Isle of Wight Hunt Club
and $3,984.79 for the northern tract currently being leased by the Pons Hunt
Club. He stated included in the Board's agenda is staff's recommendation
regarding this issue.
Supervisor Alphin commented that staff's recommendation does not
take into consideration the fact that a particular hunt club may have been
hunting a property for a number of years and he asked that the Board keep
that consideration in mind in the future.
Supervisor Alphin moved that staff's recommendation be approved, as
follows: Proof of insurance in the amount of one million dollars per
occurrence naming the County as additionally insured, rent in the amount that
would at least cover the loss of property tax revenue to the County (Southern
tract - $4,163.84 and the Northern tract $3,984.79), proof that over fifty
percent of the club's membership (licensed hunters only) are residents of the
County, and agreement to maintain the internal roads on the property. In
evaluating the proposal staff will consider the following weighted factors:
rent at 50 %, percent of member that are Isle of Wight County residents at
40 %, and number of guest daily use cards at 10 %. In the proposals
organizations will be required to submit a membership list with addresses and
proof of residency. Groups will also be required to submit a copy of a valid
hunting license for each member on their respective lists. After the bids are
awarded, the County will issue cards to only the individuals named on the
membership list submitted with their proposals. Groups can request guest
daily use cards in their proposals, but the number of guest memberships
requested will count against them. The motion was adopted by a vote of (5-
0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen voting in favor
of the motion and no Supervisors voting against the motion.
Joseph R. Chase, Chief of Emergency Services, addressed a request
presented to the County from the Town of Smithfield for reimbursement of
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two (2) invoices totaling $29,872.37 for expenses associated with fire and
rescue services. He advised that all fire and rescue department act
independently and have their own Chiefs and Board of Directors and own
operating policies. He advised that each Department submits a quarterly
report to the Department of Emergency Services showing how their funds
were spent. He advised that annual budgets are prepared and funding
requests are submitted to his Department which are then forwarded to the
Department of Budget and Finance and then on to the Budget and Finance
Committee for approval. He noted that the Board had recently taken action
to approve full funding of the various fire and rescue organizations.
The Board discussed its recent action to deplete the Fire and Rescue
Reserve Fund and divide the balance amongst the various fire and rescue
organizations and that it has obligated itself to fully fund each Department
for their operational costs. It was further discussed that if additional bills or
operational costs are incurred, those Departments are to advise Mr. Chase
who will prepare the necessary Board report for consideration by the Board.
Mr. Chase advised that the Smithfield Volunteer Fire Department is
seeking funding from the County at this time because it had already
appropriated funds to pay for insurance and fire fighting gear when the Town
of Smithfield informed the County that it is no longer going to provide
funding.
Chairman Casteen commented that the Memorandum of Understanding
stipulates that the County will take over funding when the building is
occupied.
County Attorney Popovich advised the Board the Town of Smithfield
had informed the County at the last Smithfield Intergovernmental Relations
Committee meeting that the Town is not going to pay the bills anymore. He
advised that the existing Memorandum of Understanding sets up general
terms; however, it also stipulates that an agreement is to be entered into by
the Town of Smithfield and the County setting up a final determination as to
how expenditures would be made, but that agreement has never been entered
into. He advised that it is not appropriate for this Board at this time to make
any determination about whether or not to reimbursement the Town of
Smithfield until the Board has had an opportunity to discuss the County's
negotiating position with the Town of Smithfield on this agreement. He
requested the Board's direction as to how to proceed with regards to this
request for reimburse. He added that the Town of Windsor has made it clear
that it will follow the same path as the Town of Smithfield.
Chairman Casteen noted that when the Memorandum of Understanding
(MOU) was originally developed, the Town of Smithfield had paid $900,000
for the purchase of the property and $100,000 for the building and that the
land purchased by the County for the expansion of the Windsor Volunteer
Fire Department had been paid by the County in the amount of $700,000 +.
He commented that that action by the Board might have been what prompted
the Town of Smithfield to take the action that it did.
Mr. Chase advised the Board that the Town of Windsor is most likely
waiting on the new budget year instead of providing funding mid -term.
Supervisor Hall commented that the problem is that the request for
reimbursement is being submitted to the County during the middle of its
budget cycle.
Chairman Casteen advised that the Town of Smithfield also contributes
$30,000 for salaries for the fire department and $30,000 for salaries for the
rescue squad and that it will continue to do so for the remainder of this year.
Mr. Chase confirmed that the Town of Windsor does not contribute
funding for salaries and that the entire amount goes to the Windsor Volunteer
Fire Department and the Windsor Volunteer Rescue Squad.
Supervisor Darden noted the need for a MOU with both the Town of
Smithfield and Windsor, as well as a funding mechanism based on the
number of calls at the various fire and rescue organizations.
Mr. Chase advised that currently there are no such mechanisms in
place. He stated in the past, funding had been based on the prior year's cost
of operation.
Chairman Casteen recommended that the various fire and rescue
departments use the same set of standards in their submittal of reports to Mr.
Chase and that a more uniform reporting system be required for each
department's operational costs.
Supervisor Darden recommended that Mr. Chase begin working on a
budgetary process by which the Board can fairly disseminate funding to the
various organizations based on its calls, as well as the possibility of these
organizations purchasing equipment together.
Mr. Chase recommended that the Board and the Director of Budget and
Finance attend a future Fire and Rescue Association meeting to discuss what
equipment is needed by these organizations and what direction they will be
going in the future. He commented that fire prevention and EMS response
times must be in place in order to entice industries to locate in the County.
He notified the Board that he would be returning to request operational
funding of these departments.
Supervisor Bailey moved that the request be deferred until the Board's
February 16, 2012 meeting. In the meantime, County Attorney Popovich is
to meet with Smithfield Town Attorney Riddick to discuss the Board's
concern that this is a non - budgeted expense. The motion was adopted by a
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vote of (5 -0) with Supervisors Bailey, Darden, Hall, Alphin and Casteen
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Casteen called for New Business.
There was no new business offered for discussion.
At 8:30 p.m., Supervisor Hall moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
aWJ4-) LM to, OD 6��
ey ills Storm, Clerk
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Alan E. Casteen, Chairman