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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. // Supervisor Casteen delivered the invocation. // 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, 1) 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 3 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: 4 (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. 5 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. rel 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. 7 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. 9 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 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 10 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. 11 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 12 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. // Chairman Casteen declared a break. // The Board returned to open meeting and Chairman Casteen called for the continuation of the General Services report. 13 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. // 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. 14 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 15 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 � 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, 17 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 19 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 21 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 22 "'� 4 � '��& Alan E. Casteen, Chairman