03-15-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTHTEENTH DAY OF MARCH IN THE
YEAR TWO THOUSAND AND TWELVE
PRESENT: Alan E. Casteen, Chairman (Arrived at 5:17 p.m.)
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
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Vice - Chairman Hall called the meeting to order at 5:00 p.m.
Supervisor Alphin delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Casteen called for Approval of the Agenda.
County Attorney Popovich requested the following revisions:
Under the County Administrator's report, add an Item "E ",
Resolution Recognizing this Week as Sunshine Week and an
Item "F" concerning the Isle of Wight County Operating Budget
Under the General Services report, move Item `B" to
immediately following Regional Reports
Under New Business, add a discussion regarding a recycling
program; discussion concerning assets from the auction of
County property; discussion regarding the County Fair; and,
discussion regarding the emergency light at the Windsor
Volunteer Rescue Squad.
Supervisor Alphin moved that the Agenda be adopted, as amended.
The motion was adopted by a vote of (4 -0) with Supervisors Darden, Bailey,
Hall and Alphin voting in favor of the motion; no Supervisors voting against
the motion; and, Chairman Casteen absent for the vote.
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Chairman Casteen called for Special Presentations /Appearances.
A dog currently available for adoption at the County's animal shelter
was displayed.
Barbara Chappell was presented a resolution adopted by the Board at
its February 16, 2012 meeting upon her retirement.
Kenneth M. Bunch was presented a resolution adopted by the Board at
its November 17, 2011 meeting recognizing and commending his service to
the County.
Stan D. Clark was presented a resolution adopted by the Board at its
January 5, 2012 meeting recognizing and commending his service to the
County.
Thomas J. Wright, III was presented a resolution adopted by the Board
at its January 5, 2012 meeting recognizing and commending his service to the
County.
Chairman Casteen arrived at the meeting.
Cody Ryan, President, Friends of Nike Skate/BMX Park, addressed the
Board regarding that group's efforts to raise funds for renovations at Nike
Park Skate Park.
Mark W. Furlo, Director of Parks and Recreation, advised the Board
that funding is being requested from the County from the Friends of Nike
Skate/BMX Park to assist with the ramp replacement at Nike Park Skate
Park.
Connie Rhodes, President of the Chamber of Commerce, introduced
Tom Lightfoot, Smithfield Automotive, as the featured small business.
Mrs. A. Katrise Perera, Superintendent of Isle of Wight County Public
Schools, introduced Pearl Taylor, Supervisor of Food Services, Isle of Wight
County Public Schools, who briefed the Board regarding upcoming food
service requirements and the School's compliance with Federal and USDA
requirements.
Chairman Casteen called for consideration of the Consent Agenda.
A. Letter of Appreciation/Mr. Jon Pyle, Department of General
Services
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B. Safety and Training Update
C. Grant Application/Virginia Office of Emergency Medical
Services (OEMS) Rescue Squad Assistance Fund (RSAF)
Resolution to Authorize Submission of a Grant Application
and to Accept and Appropriate Funds from the Virginia
Office of Emergency Medical Services' Rescue Squad
Assistance Fund
D. Gift of One (1) Surplus Vehicle to the Isle of Wight Volunteer
Rescue Squad
Resolution of Gift of a 2003 Ford Four Door Sedan to the
Isle of Wight Volunteer Rescue Squad for Use in Providing
Rescue Services
E. Fiscal Year 2011 -12 Monthly Financial Reports for County and
Schools
F. January 10, 2012 Special Meeting Minutes
G. February 16, 2012 Regular Meeting Minutes
Chairman Casteen requested the removal of Item (E), Fiscal Year 2011-
12 Monthly Financial Reports for County and Schools for further discussion.
Supervisor Alphin moved that Item (E), Fiscal Year 2011 -12 Monthly
Financial Reports for County and Schools, be removed from the Consent
Agenda and that the remaining items be adopted. 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.
Chairman Casteen moved to accept Item (E), Fiscal Year 2011 -12
Monthly Financial Reports for County and Schools, with the direction to staff
that a column be added on the right for each line item on the last report. 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.
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Chairman Casteen called for Regional Reports.
Supervisor Hall reported on the success of the Business Expo recently
conducted by the Chamber of Commerce.
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Supervisor Darden reported that the Hampton Roads Planning District
Commission reviewed the Coastal Zone Management Plan and discussed the
implementation of a recycling program. She advised that the reason for the
Hampton Roads region being removed from the funding list for the Urban
Area Security initiative is currently under investigation and that if the
Hampton Roads region is not placed back on the list, other funding initiatives
will be investigated.
Supervisor Darden reported that only routine business had been
discussed by the Hampton Roads Military and Federal Facilities Alliance.
Supervisor Darden reported that tolls in Hampton Roads and funding
for new bridges and tunnels were the topics of discussion at the most recent
meeting of the Hampton Roads Planning Organization. She advised that
members of the Commonwealth Transportation Board were present at that
meeting and had advised that the Route 460 project is moving forward and
that there will be tolls on Route 460. She advised that promoting regionalism
and the rail from Norfolk to D.C. was also discussed.
Chairman Casteen advised that Debra Thurston was elected Chairman
of the Social Services Board, replacing Mrs. Odem.
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Supervisor Hall reported that the Western Tidewater Regional Jail
Authority had discussed the budget and other routine matters.
Chairman Casteen called for discussion on the Isle of Wight Rescue
Squad's proposed location on Great Springs Road.
Mr. Bruce Bruchey, Powell Management Associates, addressed the
issue of time /cost impacts associated with the building of a new building for
the Isle of Wight Rescue Squad facility versus the County utilizing the plans
developed for the Smithfield Volunteer Fire Department facility. His
conclusion was that the funds and time previously invested by the County in
the development of plans used for the Smithfield Volunteer Fire Department
facility could save the County more than $430,000 and cut ten (10) months
off the project time. He reported that the Department of Emergency Services
and the Isle of Wight Rescue Squad have confirmed that the Smithfield
Volunteer Fire Department building is large enough and will fit on the Great
Spring Road property.
Supervisor Bailey spoke in favor of building the proposed Isle of
Wight Rescue Squad facility on the Great Springs Road property. He stated
that he did not believe the property adjacent to the Smithfield Volunteer Fire
Department will be adequate in size.
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Brian Carroll, President, Isle of Wight Volunteer Rescue Squad,
confirmed that the Great Springs Road property is a suitable location for the
proposed Isle of Wight Rescue Squad facility. He advised that while the
Rescue Squad is willing to discuss the architectural look of the facility, it is
not willing to discuss space needs as it is currently running 2,200 to 2,400
calls annually and personnel is currently having to sleep on couches due to a
lack of space. He noted his approval of building the same building as the
Smithfield Volunteer Fire Department in order to save time and he requested
the Board to take action tonight to move forward with the Great Springs
Road facility if a resolution with VDOT can not be reached within the next
30 -45 days.
Chairman Casteen noted that the Town of Smithfield wishes to provide
additional input.
Mr. Bruchey advised that the Great Springs Road property will need a
septic tank, a well, water system and domestic water system. He further
advised that the Smithfield Volunteer Fire Department building has fire
suppression sprinklers and, to accommodate fire suppression sprinklers on a
well -fed system, a storage tank and fire pump is necessary. He stated the
VDOT mandated improvements are uncertain at Great Springs Road and
there is a $1.2 million dollar difference between the budget for the Isle of
Wight Rescue Squad facility and the actual cost of the Smithfield Volunteer
Fire Department. He advised that $700,000 of that $1.2 million are site
specific things related to utilities that are not on that site on Great Springs
Road.
In response to Supervisor Bailey's suggested a motion that if the
VDOT property is not available in the next 30 days, the Board will move
forward, Mr. Wrightson shared with the Board that he has been trying for the
past two (2) years to obtain a Temporary Use Permit to use the property
adjacent to the Smithfield Volunteer Fire Department. He advised that the
Commonwealth Transportation Board approved the request four (4) months
ago, but he still does not have the permit to use the property.
Mr. Carroll referred to an email received from Dennis Huer, VDOT,
advising that the property had been originally acquired by VDOT as part of
the Route 10 Bypass project and that it would remain VDOT property for use
in future expansion of the Bypass at some later date in time. He stated
VDOT has previously been approached regarding the use of the property for
overflow parking for special events and that the use may be granted by
permit if access is limited to the existing facility parking area. He stated that
no use of the property will be permitted for access onto either Business Route
10 or the Route 10 Bypass.
Supervisor Hall inquired about funding for the project.
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Mr. Robertson advised that of the $1.7 million dollar bond issued,
$500,000 was transferred to the Smithfield Volunteer Fire Department
project and that $450,000 also needs to be deducted to pay for the property,
leaving $750,000, plus $2 million.
Supervisor Darden moved, but no vote was taken, that the Board hold a
special called meeting on Monday, March 29, 2012, at 4:00 p.m. in the
Robert C. Claud, Sr. Board Room to discuss the rescue squad building with
the Smithfield Town Council.
Supervisor Darden amended the date for the Board to meet on March
295 2012. It was noted that the Smithfield Intergovernmental Relations
Committee meeting is March 19, 2012 and the Board would vote on the issue
at the special budget meeting on March 29, 2012.
Following a suggestion from County Attorney Popovich, Supervisor
Darden withdrew her motion because the original Smithfield
Intergovernmental Relations Committee has already been called (other than
location) and the Board will be discussing the March 29, 2012 date later in
the meeting when it discusses the budget and discussion of the budget can be
incorporated along with the Isle of Wight Volunteer Rescue Squad building.
Chairman Casteen declared a break until 7:00 p.m.
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At 7:00 p.m., the Board reconvened and Chairman Casteen called for a
public hearing on the following:
Divestment of County Property to American K -9
County Attorney Popovich advised that the public hearing is pursuant
to American K -9 Interdiction's request to purchase property owned by the
County adjacent to their property. He advised that he has prepared a Special
Warranty Deed conveying the property "as is" so that the County can not be
held responsible for any environmental damage that may have been done to
the property prior to the County's ownership. He advised that the matter has
been properly advertised for public hearing.
Chairman Casteen called for persons to speak in favor of or in
opposition to the matter.
Herb DeGroft, 15411 Mill Swamp Road, spoke in favor of the Board
selling this property to American K -9.
Albert Burckard of Carrollton spoke in favor of the property being sold
to American K -9.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Bailey moved that the Chairman be authorized to sign the
Special Warranty Deed. 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.
Chairman Casteen called for a public hearing on the following:
Consideration of Granting Community Electric an Easement on Isle of
Wight County property shown as Tax Map Parcel 45A -01 -02
County Attorney Popovich advised that Community Electric desires a
right -of -way easement for the purpose of running conduit along the corner of
the County's property. He advised that the matter has been properly
advertised.
Chairman Casteen called for persons to speak in favor of or in
opposition to the matter.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Responsive to Supervisor Alphin, Arthur Forreste, Community Electric
Cooperative, advised that it will not be apparent that conduit has been buried
at that location.
Supervisor Bailey moved that the easement be granted. 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.
Chairman Casteen called for a public hearing on the following:
An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Chapter 7. Fire Protection. Article III.
Fire Prevention. Section 7 -14. Permissible Open Burning
County Attorney Popovich advised that the proposed ordinance
amendment has been properly advertised.
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Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed Ordinance.
No one appeared and spoke.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Hall moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
CHAPTER 7. FIRE PROTECTION.
ARTICLE III. FIRE PREVENTION.
SECTION 7 -14. PERMISSIBLE OPEN BURNING.
WI- AREAS, the Board of Supervisors of Isle of Wight County,
Virginia, adopted a fire prevention ordinance in accordance with Section 27-
98 of the Code of Virginia (1950, as amended); and
WHEREAS, based upon recommendations made by the Chief of
Emergency Services and Codes Enforcement Officer one minor revision to
the County's Fire Prevention Ordinance would remove some uncertainly
from the currently adopted ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 7. Fire Protection. Article III. Fire
Prevention. Section 7 -14 of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 7 -14. - Permissible open burning.
(a) Open burning is permitted outside of the DSDs on -site for the
destruction of leaves, tree, yard and garden trimmings, originally grown on
the premises of private property by the residents of such property, provided
that the burning takes place on the premises of the private property and there
is no regularly scheduled public or private collection service for such
trimmings available at the adjacent street or public road.
(b) Open burning is permitted within the DSDs on -site for the
destruction of leaves and tree, yard and garden trimmings located on the
premises of private property by the residents of such property, provided that
the following conditions are met:
(1) The burning takes place on the premises of the private
property;
(2) The location of the burning is not less than three hundred
feet from any occupied building unless the occupants have given prior
permission, other than a building located on the property on which the
burning is conducted; and
(3) No regularly scheduled public or private collection service
for such trimmings is available at the adjacent street or public road.
(c) Open burning is permitted within the DSDs on -site for
destruction of debris waste resulting from the development or modification of
roads and highways by or authorized by the Virginia Department of
Transportation, railroad tracks, pipelines, power and communication lines,
sanitary landfills, or from other public clearing operations that may be
approved by the Isle of Wight County Board of Supervisors, provided that
the following conditions are met:
(1) All reasonable effort shall be made to minimize the amount
of material burned, with the number and size of the debris piles approved by
the Isle of Wight County Director of Emergency Services;
(2) The material to be burned shall consist of brush stumps and
similar debris waste and shall not include demolition material;
(3) The burning shall be at least three hundred feet from any
occupied building unless the occupants have given prior permission, other
than a building located on the property on which the burning is conducted;
(4) The burning shall be conducted at the greatest distance
practicable from highways and air fields;
(5) The burning shall be attended at all times and conducted to
ensure the best possible combustion with a minimum of smoke being
produced;
(6) The burning shall not be allowed to smolder beyond the
minimum period of time necessary for the destruction of the materials; and
(7) The burning shall be conducted only when the prevailing
winds are away from any city, town or built -up area.
(d) Sections 7 -14(c) notwithstanding, no owner or other person shall
cause or permit such open burning during the months of May, June, July,
August, or September. (10- 2 -08.)
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.
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Chairman Casteen moved that the Board return to the regular order of
the agenda. 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.
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Chairman Casteen called for Transportation Matters.
Eddie P. Wrightson, Director of General Services, presented a
Resolution of the Board of Supervisors of Isle of Wight County Requesting
the Virginia Department of Transportation to Improve the Intersection of
Courthouse Highway (Route 258) and Scotts Factory/Four Square Road
(Route 620) for the Board's consideration.
Supervisor Bailey moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO IMPROVE THE INTERSECTION OF
COURTHOUSE HIGHWAY (ROUTE 258) AND SCOTTS
FACTORY/FOUR SQUARE ROAD (ROUTE 620)
WHEREAS, improving the safety and efficiency of the County's
primary roadways is a shared goal of the County and the State for the
economic growth and general well -being of the residents of Isle of Wight
County; and
WHEREAS, several safety concerns and mitigating recommendations
were identified at this location in the Roadway Safety Assessment completed
by Kimley -Horn and Associates, Inc. on March 29, 2010; and
WI- AREAS, VDOT has revised the previous scope of work on UPC
#58297, as requested, and developed a draft plan to implement those
recommendations; and
WHEREAS, funds are available to proceed with the improvements
without additional budgetary impact to the County;
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors requests that VDOT proceed with design and implementation of
the plan to add north and southbound left turn lanes and improve north and
southbound right turn lanes on Route 258, as well as additional minor
improvements necessary to the east and westbound travel lanes on Route 620.
BE IT FURTHER RESOVLED, the Board of Supervisors authorizes
County Staff to pursue securing additional outside funding to complete the
proj ect.
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BE IT FURTHER RESOLVED, the Board of Supervisors authorizes
the County Administrator to execute such applications, agreements,
contracts, and documents as are necessary to obtain additional outside
funding to complete the project.
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.
Chairman Casteen called for Citizens Comments.
Albert Burckard of Titus Point Lane in Carrollton spoke in support of
the County building the engine bay addition onto the Smithfield Volunteer
Fire Department. He cited improved response and dispatch time by
combining the stations.
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Chairman Casteen called for Board comments.
Supervisor Bailey responded to Mr. Burckard's comments (above)
stating that both facilities will be used for both uses when the Isle of Wight
Rescue Squad facility is built.
Chairman Casteen called for the County Attorney's report.
County Attorney Popovich apprised the Board regarding the three (3)
changes to the a sales contract with American K -9 Interdiction, LLC, as
follows: 1.) Addition of a contingency that requires Board approval; (2.)
removal of language relative to the County warranty against hazardous waste
on the property; and, (3.) American K -9 agrees to convey to the County, at no
cost, a parcel of land containing one (1) acre on the southern portion of their
property next to the convenience center with the right to purchase an
additional acre if the County desires.
Supervisor Bailey moved that the Board authorize the Chairman to
execute the contract on behalf of the Board. 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.
County Attorney Popovich advised that he had two (2) matters to
discuss with the Board later during the closed meeting.
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Chairman Casteen called for the Parks and Recreation report.
Mark Furlo, Director of Parks and Recreation, advised the Board
regarding an anticipated $15,000 shortfall resulting from rising fuel costs and
aging of fleet vehicles. He advised that a significant portion of the budget
has been expended on major repairs and no mowers or major equipment has
been replaced in the last two (2) years. He advised that staff took the oldest
mower in for an estimate on repairs and was advised against having any made
on this piece of equipment due to its age and the number of hours on it. He
advised that staff has been working with the Isle of Wight Amateur Athletics
regarding funding of skate park improvements at Nike Park and there is
$20,000 appropriated in this fiscal year's Operating Budget for the
replacement of the skate park ramp. He advised that the Isle of Wight
Amateur Athletics has verbally committed to donating $150,000 for
improvements at the Skate/BMX Park on the condition that the County
appropriates $40,000 towards the project. He advised that this would be
combined with the funds from the Friends of the Skate Park group of $7,000
to $10,000 and that staff would seek competitive grants for the project from
the Tony Hawk Foundation and the Rob Dyrdek Foundation. He advised that
amenities at Nike Park were recently prioritized placing the Skate/BMX Park
as second. He advised that due to the scale of this project, he recommends
that it be placed in the CIP and the County's share of $40,000 come from
bonds, allowing the Department to reallocate $40,000 towards fuel and the
replacement mower. He advised that the skate park project and the request
for additional funds for the mower and fuel have been endorsed by the Parks
and Recreation Committee.
Supervisor Hall moved to appropriate an additional $8,000. 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.
Mr. Furlo presented a Resolution to Authorize Submission of
Application for a Land and Water Conservation Fund Grant for the Board's
consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE SUBMISSION OF APPLICATION FOR
A LAND AND WATER CONSERVATION FUND GRANT
WHEREAS, under the provisions of Land and Water Conservation
Fund, federal funding assistance is requested to aid in financing the cost of
land acquisition and /or facility development; and
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WHEREAS, the Isle of Wight County Board of Supervisors considers
it in the best public interest to complete the development project described in
the application;
NOW, THEREFORE, BE IT RESOLVED that:
1. The County Administrator be authorized to make formal application to
DCR for funding assistance;
2. Any fund assistance received be used for implementation and
completion of Nike Park Skate Park within the specified time frame;
3. The Isle of Wight County Board of Supervisors hereby certifies that
project funding is currently available and is committed for this project;
4. We are aware that the grant, if approved by the National Park Service,
will be paid on a reimbursement basis. This means we may only request
payment after eligible and allowable costs have already been paid to
our vendors and evidence of such has been provided to DCR in the
format required.
5. We acknowledge that any property acquired and /or developed with
financial aid from the Land & Water Conservation Fund must be
placed in use and be retained in perpetuity as a public outdoor
recreation area in accordance with the provisions and requirements of
the Land & Water Conservation Fund Act of 1965, as amended;
6. We acknowledge that on any property acquired with grant funds
received from the Land & Water Conservation Fund, no non -
recreational uses may be made of the property without undergoing a
conversion of use process and obtaining approval from the Department
of Conservation and Recreation and the U.S. Department of
Interior/National Park Service;
7. We acknowledge that we are responsible for compliance with the
National Environmental Policy Act, Endangered Species Act, Historic
Preservation Act and all other applicable state and federal laws;
8. We acknowledge that appropriate opportunity for public comment will
be provided on this application and evidence of such is a required
component for approval.
9. This resolution becomes part of a formal application to the Virginia
Department of Conservation & Recreation.
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.
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Mr. Furlo requested authorization to hire a Parks and Grounds
Attendant.
Supervisor Darden moved to approve the Parks and Grounds Attendant
position. 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.
Chairman Casteen called for the General Services report.
Mr. Wrightson presented a request from St. Luke's Church for a new
and separate County account for irrigation at no charge to St. Luke's and that
it receive water at no charge for usage of 10,000 to 20,000 gallons per month.
He advised that staff has offered to transfer an existing dormant water
account from the former Yeoman house to this area, but a new waterline tap
will be required. He advised that St. Luke's Church has been advised that
transferring the account would preclude it from paying a new water
connection charge, but that it would need to pay the County's cost to install
the new tap at an estimated cost of $4,000. He advised that the connection
charge is anticipated to be $7,850 for a 5/8 commercial meter tap and
$12,600 for a 1" commercial meter tap.
John Edwards spoke on behalf of St. Lukes and requested approval of
the Church's request.
Supervisor Bailey moved to approve the water tap and water for St.
Luke's Church. 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.
Chairman Casteen called for the Economic Development report.
Lisa T. Perry, Director of Economic Development, briefed the Board
regarding the Green Mountain Coffee Roasters project. She advised that 50
new employees have been hired to date. She advised that she has emailed a
spreadsheet outlining the net new tax revenues to be generated over the initial
ten (10) years of the project. She advised that the Virginia Economic
Development Partnership is currently developing an Economic Impact study
focused on the International Paper Mill closure which includes the positive
impacts of the net new investment and job creation by the International Paper
fluff plant and the Green Mountain project. She advised that she will be
presenting the results of that study to the Board at its April 19th meeting.
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Chairman Casteen called for the County Administrator's report.
County Administrator Caskey presented a request to immediately fill
the vacant part-time Human Resources Assistant position in the Human
Resources Department.
Supervisor Bailey moved that the request to fill the part-time position
be approved. 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.
Sheriff Marshall presented a request to fill the recently vacated position
of the Emergency Communications Center Manager.
Supervisor Hall moved that the request be approved and that any
vacant Dispatch positions which come open be exempted from the 90 -day
requirement. 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.
Supervisor Bailey moved that the 90 -day requirement for vacant
positions be waived and the request to fill the vacant Animal Control position
be approved. 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.
Mr. Robertson addressed the Board regarding paperless agendas and
advised that he is in communications with the Director of Information
Technology with regard to the Board proceeding with paperless agendas at its
April 19, 2012 meeting. At the direction of the Board, the Clerk is to provide
a hard copy of the agenda to the Board during the trial basis, along with any
appropriate hardware with a hard copy available in the event of a power
shortage.
Mr. Robertson advised the Board that the General Assembly has
concluded its regular session, but did not adopt a budget. He advised that he
will be providing the Board with a summation of adopted legislation
expected to impact the County at its April 19, 2012 meeting. He advised the
Board regarding a proposed change to VRS which will require the County to
provide a 5% increase to its employees who will then provide that increase as
their contribution to VRS. He advised that the Governor's office is trying to
phase this legislation in over time, such as I% over a five (5) year period.
County Administrator Caskey presented a Resolution Recognizing this
Week as Sunshine Week for the Board's consideration.
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Chairman Casteen moved that the following Resolution be adopted:
RESOLUTION TO DESIGNATE
MARCH 11 -17, 2012 AS SUNSHINE WEEK
WHEREAS, Sunshine Week is a national initiative to open a dialogue
about the importance of open government and freedom of information; and,
WHEREAS, Sunshine Week grew out of Florida's "Sunshine Sunday"
in 2002 in response to efforts by some Florida legislators to create scores of
new exemptions to the state's public records law; and,
WHEREAS, Sunshine Week is intended to increase public awareness
and discourage the creation of an environment of excessive and unwarranted
government secrecy; and,
WHEREAS, Sunshine Week is about the public's right to know what
its government is doing and why, and seeks to enlighten and empower people
to play an active role in their government at all levels, and give them access
to information that makes their lives better and their communities stronger.
NOW THEREFORE BE IT HEREBY RESOLVED by the Board of
Supervisors of the County of Isle of Wight, Virginia that March 11 - 17, 2012
be designated as Sunshine Week in Isle of Wight County.
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.
Isle of Wight County FY2012/13 Operating Budget
Michael W. Terry, Director of Budget and Finance, distributed budget
information to the Board in preparation for its March 291h meeting, which
included a preliminary draft of the FY2013 Operating Budget representing a
flat budget for all departments and agencies and representing no change in
the County's tax rate which is based on the County's current year revenue.
He advised that feedback from the Board will be solicited with respect to
funding for debt payment increases in the amount of $1.2 million; a $7.5
million balloon payment; funding to comply with unfunded mandates in the
approximate amount of $500,000; and, $30,000 related to an increase for the
Line -of -Duty Act. He advised that the reassessment is currently underway
and is not expected to be complete until after the Operating Budget is
adopted.
Supervisor Alphin moved that the Board conduct a work session on
March 29, 2012 at 4:00 p.m. on the County's Operating Budget. The motion
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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.
Chairman Casteen moved that the Board also conduct a budget work
session on April 5, 2012 at 4:00 p.m. 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.
Chairman Casteen called for Appointments.
No appointments were offered by the Board.
Chairman Casteen called for Old Business.
Regarding the issue of water system connection charges, Frank Haltom,
Assistant Director of General Services, addressed the Board regarding its
approval at its January 19, 2012 meeting to assess a $215 connection charge
for new County water customers in the Ashby, Brewers Creek, Edgewood,
Quail Meadows and Cedar Grove subdivisions in order to recover the
County's costs for work related to such residential connection. He advised
that those individuals had been previously hooked up to their individual well
systems and the fee charged to hook their water system to the County's was
equally distributed among the customers, per system.
Supervisor Bailey advised that those customers are unhappy because
they were already hooked up to a water system and some of them had already
paid a connection fee for water. He stated they were happy with the water
they were getting and they had back -up generators and fire hydrants to rely
upon in the event of an emergency.
Supervisor Bailey recommended that water customers of those systems
being discussed today receive a credit in the future when the water system
becomes profitable.
County Attorney Popovich advised that tracking these individuals in
the future will be difficult for staff.
Mr. Wrightson advised that it is normally ten (10) years before a
system becomes profitable.
Mr. Haltom expressed concern with the setting of a precedent. He
stated those customers had received an improved service from the County.
He advised many customers had contacted him in the past requesting the
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County to take over those systems and who were willing to pay the tap fee
because they were without water for over a week during a hurricane and at
certain times the owner was not able to provide a generator. He advised that
most of the existing fire hydrants were not operational prior to the County
taking over the water system.
Supervisor Bailey moved that the Board defer any credits to people
who have water and have paid tap fees until the County's water systems
begin to be profitable and it will be readjusted at that time. 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.
Supervisor Bailey brought up the issue of County -owned properties
which could be sold with the Board.
Supervisor Alphin moved that the matter be deferred to staff and the
Building, Grounds and Transportation Committee for a recommendation of
properties to be considered for sale by the Board. 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.
Regarding St. Luke's Church's water request, Supervisor Hall
commented that the County has never provided water free to anyone. She
recommended instead of providing free water that a contribution be given to
St. Luke's Church to cover the cost of their water, eliminating the possibility
of setting a precedent. She stated the Director of General Services needs
perimeters with respect to how long and how much water the County is going
to provide to St. Luke's Church.
County Attorney Popovich referred to the letter request from St. Luke's
Church requesting a specific amount of 10,000 to 20,000 gallons per month.
Supervisor Bailey moved if St. Luke's Church exceeds 20,000 gallons
of water per month in usage, staff is to bring this to the attention of the Board
and the Board will address the matter with St. Luke's Church at that time.
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.
H
Chairman Casteen called for New Business.
Supervisor Alphin advised the Board regarding a Carrsville citizen's
suggestion that the County take the savings realized from its recycling
program and designate those funds to the Sheriff for the purchase of a
vehicle. He requested that this matter be revisited at a future meeting.
IC]
Supervisor Alphin advised that a recent machinery auction realized
$30,000+ in revenues for the County. He recommended that those revenues
also be used towards the purchase of a vehicle for the Sheriff's Department.
Supervisor Alphin notified the Board about damage that occurred to a
volunteer's personal truck while attempting to pull a tractor out that was
stuck at the County Fair site.
County Attorney Popovich requested an invoice illustrating the damage
be provided to staff.
Mr. Furlo advised that the County does have an arrangement with
Hardy's Towing Company, as part of its sponsorship, for services to be
rendered during the Fair event.
Supervisor Alphin commented that volunteers assist with land clearing
efforts which save the County thousands of dollars.
Supervisor Bailey moved to pay the invoice in the amount of $700 +.
The motion was adopted by a vote of (3 -2) with Supervisors Bailey, Alphin
and Casteen voting in favor of the motion and Supervisors Darden and Hall
voting against the motion.
Supervisor Bailey requested County Attorney Popovich to research and
determine if there is any stronger language that can be incorporated in the
County's ordinance with respect to the tethering of animals and to place this
item in the Consent Agenda for the Board's April 19, 2012 meeting.
Responsive to Supervisor Darden, the consensus of the Board was for
Chairman Casteen and Supervisor Hall to refer the concern that the Windsor
Volunteer Fire Department is not hitting the switch to turn on the red light to
the Volunteer Fire and Rescue Organization.
H
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Freedom of Information Act pertaining to a
personnel matter pertaining to a specific public official and pursuant to
Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring
the provision of legal advice pertaining to actual litigation.
Supervisor Hall moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. 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.
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Supervisor Darden moved that the Board return to open meeting. The
motion was adopted by a vote of (4 -0) with Supervisors Darden, Hall, Alphin
and Casteen voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Bailey absent for the vote.
Supervisor Darden moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.1) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: Bailey
ABSENT DURING MEETING: 0
The Board took no action following the closed meeting.
At 9:30 p.m., Chairman Casteen declared the meeting adjourned.
I�
Carey ills Storm, Clerk
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Alan E. Casteen, Chairman