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05-17-2012 Regular MeetingPage 29, Page 267 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF MAY 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 Michael W. Terry, Director of Budget and Finance Donald T. Robertson, Director of Information Resources and Legislative Affairs Carey Mills Storm, Clerk Chairman Casteen called the meeting to order at 4:00 p.m. // Supervisor Darden delivered the invocation. The Pledge of Allegiance was conducted. The Board conducted a budget work session and continued to discuss previously proposed revenues and budget reductions. // Chairman Casteen declared a break. At 5:00 p.m., he called the regular meeting to order. Chairman Casteen called for Approval of the Agenda. County Attorney Popovich requested the following revisions to the agenda: Under the County Attorney's report, add authorization for a public hearing at the Board's meeting on June 28, 2012 for an Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 12. Offenses - Miscellaneous. Section 12 -3. Dance Halls - License Required. Section 12 -4. Same - Defined. And Section 12 -6. Same - Exemptions from Regulations; under the County Attorney's report, add three (3) closed Book 29, Page 268 meeting items and an update on the right -of -way easement with Community Electric Cooperative. Supervisor Alphin moved that the agenda be adopted, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Special Presentations /Appearances. A dog and kitten currently available for adoption at the County's animal shelter were displayed. Jim Counclll, Mayor of Franklin, requested the County's annual support of $6915 for a two (2) year period for the maintenance of USGS stream flow and rainwater gauges designed to measure the amount of rain and level of flow in certain streams. He advised that approval from the other six (6) localities has been obtained in recognition of pervasive flooding issues and are envisioned to improve flood forecasting and better prepare residents and businesses for flooding events in the form of additional warning time prior to flooding for both evacuation and property management. Ms. Erin Belt, the County's new Environmental Programs Manager and Ms. Melissa A. Lindgren, P.E., the County's new Engineer, were formally introduced to the Board. Under the Small Business Close -up segment of the agenda, Gregg Cook, Vice President, Community Electric Cooperative, provided a brief history of the Cooperative. Chairman Casteen called for consideration of the Consent Agenda. A. Planning Commission Resolution of Appreciation for Rex W. Alphin B. Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change its Meeting Schedule Adopted by the Board at its Organizational Meeting of January 5, 2012 (June 21, 2012 to June 28, 2012) C. Fiscal Year 2011 -12 Monthly Financial Reports for County and Schools D. March 15, 2012 Regular Meeting Minutes 1) Book 29, Page 269 Chairman Casteen moved that Items (C) and (D) be removed for further discussion and that the remaining items be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Under Item (C), Fiscal Year 2011 -12 Monthly Financial Reports for County and Schools, Chairman Casteen requested the Director of Budget and Finance to insert a title identifying unused bond proceeds for public utilities and schools and he moved that the Report be accepted. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Under Item (D), March 15, 2012 Regular Meeting Minutes, Chairman Casteen moved that the March 15, 2012 minutes be adopted as presented with the understanding that on Page 7 where it references the $1.7 million for the Isle of Wight Volunteer Rescue Squad funding, which was reduced $500,000 for the Smithfield Volunteer Fire Department, $450,000 needs to be deducted to pay for the property, leaving $750,000 plus the $2 million, whereas in the current CIP there is funding in the amount of $3.2 million and are only asking for $2.2 million. He stated that County Attorney Popovich assures him that this will be addressed and he wanted to highlight that the County is not matching what it is putting forward. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for Regional Reports. Supervisor Hall reminded the Board members that the Chamber Business Appreciation Luncheon is on June 7, 2012 at The Smithfield Center beginning at noon. Supervisor Hall offered to attend the Hampton Roads Economic Development Alliance meeting on May 31, 2012 in place of Chairman Casteen who has a conflict. County Administrator Caskey is to provide Supervisor Hall with the agenda for this meeting. Supervisor Darden reported that the Secretary of Transportation was in attendance at the Hampton Roads Transportation Planning Organization's retreat and had announced that the proposed Route 460 project is the cheapest alternative to keeping trucks off Interstate 64. She stated he had advised that Route 460 will be the next big highway project started and that all efforts are being made to keep tolls down. She advised that VDOT will be out of funding by the year 2017 and the Route 460 project will be different in funding than the tolls. She stated the private partnership will be emphasized Book 29, Page 270 with respect to how transportation will be paid for in the future. She advised that demographics are changing and 48% of all new population growth will occur towards this area (west of the Elizabeth River versus previously east of the Elizabeth River). She advised that it will take more than tolls to pay for roads in the future and every locality should be making an effort to get with their legislators as it will take a combination of tolls, gas and sales taxes to pay for future projects. She recommended that Dwight Farmer be invited to address the Board in the not - too - distant future on the subject of the Route 460 project and the possibilities it will bring to this area. County Administrator Caskey reported that the Southeastern Public Service Authority Board had adopted a fee schedule which effectuated a new tipping fee of $125 per ton of solid waste beginning June 1, 2012. Supervisor Bailey reported that only routine matters had been discussed at the Western Tidewater Jail Authority's most recent meeting. Chairman Casteen reported that additional information on the VRS issue had been distributed at the VACo regional spring meeting. He advised that matters of regional concern, such as an increase in the gas tax, a reduction in unfunded mandates and efforts to reduce or eliminate the BPOL and Machinery and Tools taxes were also discussed and localities were requested to oppose the Governor's amendments #30 and #37. He advised that the Governor's amendment #37 has since been withdrawn. Supervisor Alphin reported that June 1, 2012 is the projected target date for the mill reopening and 200 truckloads of wood a day are currently being taken in, all from within a 60 -mile radius of that area. Chairman Casteen reported that Congress Forbes is on tour across the country in an attempt to counter the sequestration effort which will go into effect January 1, 2013. He advised that $.10 on every $1 on national defense is spent in the State of Virginia. Chairman Casteen called for Transportation Matters. Paul Moose, Senior Construction Manager, VDOT, advised that the pavement now being laid on Route 17 is not the final surface treatment and the roadway will be smoother when the project is completed. Chairman Casteen called for Citizens Comments. Amy Jones, 20465 Gatling Pointe Parkway, commented that the City of Suffolk has opted to go with the 1% VRS increase each year versus the 5% 4 Book 29, Page 271 upfront option because of the personal repercussions associated with City employees. Michael Uzzle distributed a copy of various concerns that he would like to be addressed by the Board. // Chairman Casteen called for Board comments. There were no comments offered. Chairman Casteen called for the County Attorney's report. County Attorney Popovich requested authorization to advertise for public hearing proposed fee increases in the County's Water Ordinance. Supervisor Bailey moved that the County Attorney's office be authorized to advertise the proposed fee increases necessary to generate the revenues reflected in the County's proposed budget for FY2012 -13 for public hearing at the Board's June 28, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a request from Joel Bradshaw to purchase twenty one (21) of forty three (43) acres currently owned by the County which are located behind the Carrsville Volunteer Fire Department for $11,000 and has a fair value price of $63,000. The concensus of the Board was that there is no interest by the Board at this time in considering Mr. Bradshaw's request. County Attorney Popovich indicated that he would return to the Board at its June 28, 2012 meeting responsive to the Chief Animal Control Officer's desire to speak individually with the Board members on the issue of tethering of animals. County Attorney Popovich requested authorization to advertise for public hearing an Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 12. Offenses - Miscellaneous. Section 12 -3. Dance Halls - License Required. Section 12 -4. Same - Defined. And Section 12 -6. Same - Exemptions from Regulations. Chairman Casteen moved to authorize the County Attorney's office to advertise the Ordinance for public hearing at the Board's June 28, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors 5 Book 29, Page 272 Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich advised that Community Electric Cooperative has chosen to take an alternative approach and a right -of -way easement is no longer being requested from the County. County Attorney Popovich advised that he had three (3) items to discuss with the Board later during the closed meeting. // Chairman Casteen called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, reported that two (2) bids were received on the southern portion of the Blackwater River property, however, one (1) had to be disqualified due to submittal of an incomplete package. He advised that the valid bid amount is $2,397.60 and he requested authorization to advertise for public hearing at the Board's June 28, 2012 meeting to lease the southern tract to the Isle of Wight Hunt Club. Supervisor Alphin moved to authorize a public hearing to lease the southern tract of the Blackwater River property at the Board's June 28, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey requested the Director of Parks and Recreation to contact the previous bidder regarding the timber value of the twenty two (22) acre parcel and report back to the Board at its June 28, 2012 meeting. Chairman Casteen called for the General Services report. Eddie P. Wrightson, Director of General Services, responsive to the Board's direction at its April 19, 2012 meeting to proceed with the sale of County -owned property, recommended that potential buyers be notified that the uses outlined by staff in the agenda will not be allowed on the property. He advised that covenants and restrictions can be recorded on the property to preclude those uses which may decrease the value of the property. Supervisor Bailey moved to authorize the Director of General Services to proceed with the bid process noting the restrictions to be placed on the property. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. I Book 29, Page 273 Mr. Wrightson advised that properties acquired with mitigation fiends can only be sold to public entities with the approval of the Director of FEMA, however, they could be leased and he recommended advertising these properties as available for lease. Supervisor Alphin moved to authorize the Department of General Services to proceed in advertising the hazard mitigation properties owned by the County for lease. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin 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, presented a Resolution to Proclaim June 4 -8, 2012 as Business Appreciation Week for the Board's consideration. Supervisor Hall moved that the following Resolution be adopted: RESOLUTION TO PROCLAIM JUNE 4 -85 2012 BUSINESS APPRECIATION WEEK WHEREAS, Governor Robert F. McDonnell has recognized June 4 -8, 2012 as BUSINESS APPRECIATION WEEK in the COMMONWEALTH OF VIRGINIA, and called this observance to the attention of all citizens; and, WHEREAS, the health, prosperity and vitality of our Commonwealth's economy is tied directly to the leadership, motivation and inspiration of entrepreneurs; and WHEREAS, businesses in the County of Isle of Wight play a pivotal role in strengthening our community by embracing job creation, innovative technologies, and employing a diverse workforce to preserve the economic well being of all our citizens; and WHEREAS, the County of Isle of Wight is pleased to recognize the accomplishments of our entrepreneurs, especially our many small and existing businesses that contribute greatly to the economic recovery of our community; and WHEREAS, Business Appreciation Week increases public awareness of the valuable contributions that businesses make throughout our community; and 7 Book 29, Page 274 WHEREAS, the theme for Business Appreciation Week 2012 is "The Year of the Entrepreneur ", and this focus enables us to celebrate the many ways in which entrepreneurs positively impact state and local government, major industries, as well as the lives of individuals in communities throughout Virginia; and NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of June 4 -8, 2012 be designated as Business Appreciation Week. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Ms. Perry updated the Board regarding the Department of Economic Development's proposed Economic Development Strategic Plan. Chairman Casteen called for the Emergency Services report. Joseph R. Chase, Chief of Emergency Services, requested the Board's approval of a Resolution to Adopt the Revised Isle of Wight County Emergency Operations Plan, which is revised every four (4) years. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO ADOPT THE REVISED ISLE OF WIGHT COUNTY EMERGENCY OPERATIONS PLAN WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia recognizes the need to prepare for, respond to and recover from natural and man -made disasters; and, WHEREAS, the County of Isle of Wight has a responsibility to provide for the safety and well being of its citizens and visitors; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia officially adopted the County's current Emergency Operations Plan in May 2008; and, WHEREAS, The Code of Virginia, §44- 146.19, requires each local jurisdiction to conduct a comprehensive review and revision of its emergency operations plan every four (4) years to ensure that the plan remains current and requires that the revised plan to be formally adopted by the locality's governing body. E'] Book 29, Page 275 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia officially adopts the Emergency Operations Plan, as revised May 2012; and, BE IT FURTHER RESOLVED that the Director of Emergency Management, or his /her designees, is tasked and authorized to maintain and revise, as necessary, this document over the next four -year period or until such time as it is ordered to come before this Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for the Tourism report. Judy W. Hare, Director of Tourism, requested permission to hire a replacement part -time Visitor Center Manager. Supervisor Darden moved that Human Resources' staff be authorized to immediately implement the part-time hiring procedure for this position. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. I/I Chairman Casteen declared a break. The Board returned to open session. Chairman Casteen called for the County Administrator's report. Donald T. Robertson, Director of Information Resources and Legislative Affairs, presented information pertaining to the County's contribution portion to the Virginia Retirement System. He presented a Resolution to Elect the Employer Retirement Contribution Rate for the Board's consideration which will require that the County either participate in the full 5% contribution or phase in schedule and consider a resolution specifying that the Board will require employees to provide 5% of the VRS contribution. He recommended that the Board certify the 11.28% rate and participate in the "all -in." Supervisor Hall moved that staff's recommendation be accepted and the Employer Contribution Rates for Counties, Cities, Towns, School I Book 29, Page 276 Divisions and Other Political Subdivisions Resolution, identified as Attachment "A" of these minutes, be adopted at a rate of 11.28 %. The motion was adopted by a vote of (4 -1) with Supervisors Darden, Bailey, Hall and Alphin voting in favor of the motion and Supervisor Casteen voting against the motion. Mr. Robertson presented a Resolution to Elect the Member Contribution which requires that County employees pay 5% at a phase -in schedule of IN which staff recommends the Board adopt. Supervisor Bailey moved that the Member Contribution by Salary Reduction for Counties, Cities, Towns, and Other Political Subdivisions Resolution, identified as Attachment (B) to these minutes, be adopted and phased in at 1%. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. // At 7:00 p.m. Supervisor Alphin moved that the agenda be amended in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: Hunt Club Lease /Mill Swamp Hunt Club Chairman Casteen called for persons to speak in favor of or in opposition to the lease agreement. Andrew Gregory, member of the Mill Swamp Hunt Club, thanked the Board for developing an objective process by which everyone could submit an application for membership. He stated this is a fair process which will allow fair competition for hunting of the property. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the Mill Swamp Hunt Club lease be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: 10 Book 29, Page 277 The application of Robert W. Wells, Jr. and Judith C. Wells, owners, and Betty N. Thomas, prospective owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) of 3.510 acres of land located at 10197 White Hill Trail (Rt. 623), approximately .25 miles south of the Surry County Line, in the Carrsville Election District. The purpose of the application is for one (1) single - family residential lot, as conditioned. Sandy Robinson, Planner, presented the application. Chairman Casteen called for persons to speak in favor of or in opposition to the application. William Riddick, Attorney representing the applicants, advised that the Thomas' had purchased the farm in 1965 and built a home in 1968. He stated the Thomas' could have been granted a family member exception to create the lot being requested tonight, but had not planned accordingly prior to Mr. Thomas' death last year. He advised that Mr. and Mrs. Wells had purchased the farm from Mrs. Thomas for the purpose of hunting and maintaining its agricultural designation and use and that it was agreed that Mrs. Thomas could keep the home. He stated that the application is to create a 3.5 acre parcel to encompass the home site and no further- subdivision of this parcel is proffered. Judy Wells, applicant, spoke in favor of the application being approved. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the application be approved as recommended by the Planning Commission. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: Virginia Department of Transportation (VDOT) FY2013 -2018 Secondary Six -Year Improvement Program (SSYIP) and Construction Priority List Jamie Oliver, Transportation Planner, advised that the proposed County's FY2012 -13 Secondary System allocation of State fiends is $96,133 and annual funding is projected to continue at $96,133 in the subsequent five (5) years. She advised that Pope Swamp Trail paving; Broadwater Road improvements; Halltown Road paving; Poor House Road paving; Ballard Road paving; and, Orbit Road bridge improvements are currently frilly Book 29, Page 278 fielded, expected to be complete within the next two (2) years and will remain in the final FY2013 -18 Secondary Six -Year Improvement Program. She further advised that Poplar Drive paving; Yellow Rock Lane paving; Country Way paving; Twin Hill Lane paving; and, Holly Point Way paving are new projects and projected to be complete within the next three (3) years. She advised that the Building, Grounds and Transportation Committee, following a public hearing, is recommending these projects and allocations for the FY2013 -18 Secondary Six -Year Improvement Program. Chairman Casteen called for persons to speak in favor of or in opposition to the Program and Priority List. Jim Vandiver, Holly Point Way, spoke in favor of Holly Point Way being paved. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the following Resolution be adopted: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S SIX -YEAR SECONDARY IMPROVEMENT PROGRAM FOR FY 2013 THROUGH FY 2018 WHEREAS, Section 33.1 -23 and 33.1 -23.4 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six -Year Improvement Program (SSYIP); and WHEREAS, this Board has held a public hearing on the proposed Plan (FY 2013 -FY 2018), in accordance with VDOT policies and procedures, on May 17, 2012 and all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program and Priority List; and WHEREAS, Bryant Porter, Program Manager, VDOT, appeared before the Board and recommended approval of the proposed SSYIP (FY 2013 -FY 2018) and the Construction Priority List for Isle of Wight County; NOW, THEREFORE, BE IT RESOLVED that the Secondary Six -Year Improvement Program and Construction Priority List for FY 2013 -2018 are hereby approved, as presented at the public hearing. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts as necessary to proceed with the Program as approved. 12 Book 29, Page 279 The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved that the following Resolution be adopted: A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO DESIGNATE FIVE (5) ROADWAYS AS REVENUE SHARING PROJECTS TO EFFICIENTLY IMPLEMENT THE SIX -YEAR SECONDARY IMPROVEMENT PPROGRAM (SSYIP) FOR FY 2013 THROUGH FY 2018 WHEREAS, Isle of Wight County has elected to participate in the Virginia Department of Transportation Revenue Sharing Program and there are currently designated Revenue Sharing projects and non - Revenue Sharing projects in the County's SSYIP (FY 2013 - 2018); and, WHEREAS, remaining Revenue Sharing fiends can only be applied to roadway projects that are designated as Revenue Sharing projects; and, WHEREAS, efficient transfer- of fiend balances within the scope of the approved SSYIP is a key factor in maintaining project timetables and deadlines; and, WHEREAS, we are currently between Revenue Sharing program application cycles. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors requests that Country Way (Route 671, UPC 103052), Twin Hill Lane (Route 671, UPC 103054), Holly Point Way (Route 675, UPC 103055), Poplar Drive (Route 2003, UPC 103056), and Yellow Rock Lane (Route 716, UPC 103057) be designated as Revenue Sharing projects with the opportunity to receive fixture Revenue Sharing funds. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: Proposed Fiscal Years 2013 -17 Capital Improvement Plan for Isle of Wight County Chairman Casteen called for persons to speak in favor of or in opposition to the proposed Capital Improvement Plan. Phillip A. Bradshaw, Chief Financial Officer, Isle of Wight County Public Schools, requested that the Board adopt the Capital Improvements 13 Book 29, Page 280 Plan as advertised, reflecting the renovation of Hardy Elementary School next year; Westside Elementary School the following year, along with Smithfield and Windsor High School, with the intent of not building any schools for the next ten (10) years. Ed Easter of 12224 Hideaway Lane spoke in favor of the proposed Capital Improvements Plan. He further spoke in favor of support for schools and fire and rescue services. Albert Burckard of Titus Point Lane requested the Board to consider restoring $20,000 for the final three (3) reproduction canons at Fort Huger. Chairman Casteen closed the public hearing and commented that the Board would further address this issue later in the meeting. Chairman Casteen called for a public hearing on the following: E. An Ordinance to Set and Impose Tax Levies for Fiscal Year July 11 2012 to June 30, 2013 County Attorney Popovich advised that the reference in the proposed Ordinance $.02 tax for fire and EMS has been removed based on the recommendation by staff. He certified that the proposed Ordinance has been properly advertised for public hearing. 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 commented that the Board would further discuss this matter later in the meeting. Chairman Casteen called for a public hearing on the following: F. An Ordinance Implementing Personal Property Tax Relief in Isle of Wight County County Attorney Popovich certified that the proposed Ordinance has been properly advertised for public hearing. 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. 14 Book 29, Page 281 Supervisor Bailey moved that the following Ordinance be adopted: AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA, FOR CALENDAR YEAR 2012 BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2012 shall be set at fifty -three percent (53 %) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100 %). The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for a public hearing on the following: An Amendment and Reenactment of Chapter 15. Taxation by Enacting Article VII Fire and Rescue Service District Tax County Attorney Popovich advised that staff recommends that the public hearing on the proposed Ordinance be cancelled. Chairman Casteen, noting that the matter has been advertised for public hearing, opened the public hearing and called for persons to speak in favor of or in opposition to it. Albert Burckard of Titus Point Lane spoke in opposition to the separate tax /fee for emergency services noting that these organizations are composed of volunteers and such a tax may send a false message to residents that their fire and rescue services are frilly paid and donations are not needed. He commented that a paid fire rescue career service is appropriate for cities whereby residents are generally segregated into distinct neighborhoods and the residents do not feel a shared responsibility to help others outside their neighborhood. He stated in central rural communities such as the County, citizens think of themselves as a single community and not competitive neighborhoods and feel a collective obligation to help residents in need. He stated a specific fire and rescue tax will divide the County into districts competing for limited resources rather than remaining as one (1) traditional rural community. He stated this Board has already distributed funds fairly 15 Book 29, Page 282 for decades to each of the County's seven (7) fire and rescue departments and he recommended that the Board continue with this past practice. Chairman Casteen closed the public hearing and the Board took no action. Chairman Casteen called for a public hearing on the following: Easement to Mid - Atlantic Broadband Cooperative on County Property for Location of Broadband Telecommunications Equipment County Attorney Popovich advised that the above matter has been properly advertised. Chairman Casteen called for persons to speak in favor of or in opposition to the easement. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Alphin moved that the easement for Mid - Atlantic Broadband Cooperative be approved. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for the continuation of the County Administrator's report. Mr. Robertson asked for the Board's consideration of a Resolution to Concur with School Division Election of Virginia Retirement System (VRS) Board Certified Rates. He advised that the School Board had adopted a rate of 11.43% and staff is requesting that the Board adopt the resolution concurring with that rate. Supervisor Alphin moved that the Local Governing Body Concurrence with School Division Electing to Pay the VRS Board - Certified Rate Resolution, identified as Attachment (C) to these minutes, be adopted. The 16 Book 29, Page 283 motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented the FY2012 -13 General Operating Budget for Public Schools for the Board's discussion and consideration. Resolution to Approve the FY2012 -13 Budget for Isle of Wight Public Schools Supervisor Alphin moved to adopt a budget for the Schools with local funding of $27,393,445 with a $500,000 reserve (to be provided to the Schools at the Board's discretion as of September 1, 2012 and the balance December 1, 2012) to be taken from the Unassigned Fund Balance. The motion was defeated by a vote of (2 -3) with Supervisors Alphin and Hall voting in favor of the motion and Supervisors Casteen, Bailey and Darden voting against the motion. Supervisor Darden moved to appropriate $27,693,445 and no reserve. The motion was adopted by a vote of (4 -1) with Supervisors Alphin, Bailey, Darden and Hall voting in favor of the motion and Chairman Casteen voting against the motion. The Board recessed and returned to open session. Supervisor Darden moved to adopt the following resolution approving the FY2012 -13 Public Schools budget in the amount of $59,012,339 (consisting of Federal, State and local monies; $300,000 and $2.1 million for VRS) and authorize the Chairman to execute the Resolution: RESOLUTION TO APPROVE THE FY2012 -13 BUDGET FOR ISLE OF WIGHT PUBLIC SCHOOLS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia held a Public Hearing on May 10, 2012 concerning the FY2012 -13 Isle of Wight County Public Schools budget; and, WHEREAS, the budget presented by the Isle of Wight County Public Schools requested $61,816,616 in financial support from the County; and, WHEREAS, the Board of Supervisors subsequently adopted a motion that the County's budget would reflect a transfer of $59,012,339 for schools. and, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the FY2011 -12 budget for Isle of Wight 17 Book 29, Page 284 County Public Schools is hereby adopted by lump sum in the amount of $59,012,339. The motion was adopted by a vote of (4 -1) with Supervisors Darden, Bailey, Hall and Alphin voting in favor of the motion Chairman Casteen voting against the motion. Chairman Casteen called for consideration of a Resolution to Approve the FY2012 -13 Operating and Special Revenue Budgets. Supervisor Hall moved that the following Resolution to Approve the FY2012 -13 Operating and Special Revenue Budgets be adopted in the following amended amounts: General Operations $94,460,325 Museum Gift Shop $ 9,000 County Fair $ 279,685 E -911 $ 1,046,955 CSA $ 676,737 Section 8 Housing $ 172,958 Social Services $ 35575,520 Public Utilities $ 4,761,322 and, that the Chairman be authorized to execute the Resolution. The motion was adopted by a vote of (3 -2) with Supervisors Darden, Hall and Alphin voting in favor of the motion and Supervisors Bailey and Casteen voting against the motion. Chairman Casteen moved that the Board amend the order of the agenda in order to act on the Tax Rate Ordinance. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that the following Ordinance be adopted: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 15 2012 THROUGH JUNE 30, 2013 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: (1) That there is hereby levied for the fiscal year beginning July 1, 2012, a tax of $0.65 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service Book 29, Page 285 corporations in accordance with Section 58.1 -2606 of the Code of Virginia (1950, as amended); and (2) That there is hereby levied for the fiscal year beginning July 1, 2012, a tax of $0.70 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1 -3507 of the Code of Virginia (1950, as amended); and (3) That there is hereby levied for the fiscal year beginning July 1, 2012, a tax of $1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 58.1 -3606 of the Code of Virginia (1950, as amended); and (4) That there is hereby levied for the fiscal year beginning July 1, 2012, a tax of $4.50 per one hundred dollars of assessed valuation on all tangible personal property, as defined and classified in Sections 58.1 -3500 through 3504 and Section 58.1 -3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1 -3504 are exempt from said levy; and (5) That there is hereby levied for the fiscal year beginning July 1, 2012, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used for recreational purposes only; and (6) That there is hereby levied for the fiscal year beginning July 1, 2012, a tax of one -half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1 -400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1 -2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1 -3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 19 Book 29, Page 286 Chairman Casteen called for consideration of a Resolution /Irrevocable Election Not to Participate in Line of Duty Act Fund. Mr. Robertson advised that the proposed 2012 -14 Appropriation Act will allow localities to opt -out of the Virginia Retirement System managed Line of Duty Act (LODA) Fund to self - administer the payment of LODA benefits. He stated in anticipation of the LODA costs increasing substantially in FY2012 -13, staff is recommending that the County adopt the VRS Opt Out Resolution and accept the VACORP FY2012 -13 proposal for self insurance for Line of Duty Act coverage. Supervisor Alphin moved that the Irrevocable Election not to Participate in Line of Duty Act Fund Resolution, identified as Attachment (D) to these minutes, be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey requested the Board's consideration of individuals to serve on the Board of Equalization. Supervisor Hall reappointed Peyton Barlow to serve on the Board of Equalization. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden reappointed Dane Scott to serve on the Board of Equalization. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin reappointed Robert Eley to serve on the Board of Equalization. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin 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. 20 Book 29, Page 287 Chairman Casteen called for consideration of a request by the School Board that the FY2011 fund balance for the school division in the amount of $376,629 be returned. Supervisor Bailey moved that the School's request be denied. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen asked for unanimous consent that the Board amend the order of the agenda and return to the issue of the County's Capital Improvements Plan. There not being a unanimous vote to do so, the Board delayed further discussion until the Board's June 28, 2012 meeting. Chairman Casteen called for New Business. Supervisor Darden moved to amend the agenda for the purpose of adding two (2) new items under New Business. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden advised that it is sometimes necessary for the Chief of Emergency Services to replace an employee before first being authorized by the Board to do so, as required by the Board's policy. She stated that she would like for the Chief of Emergency Services, with the approval of the County Administrator, to have the authority to replace any full -time or part - time employee that resigns or is terminated without having to receive monthly Board approval on an ongoing basis or as needed in order to support the Department of Emergency Services. Supervisor Darden moved that the Chief of Emergency .Services be authorized to replace any part -time or full -time employee that resigns or is terminated without having to receive monthly Board approval on an ongoing basis or as needed to support the Department of Emergency Services. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden, responsive to much misconception in the community surrounding the issue of whether or not the Windsor Middle School gym will be kept or town down, advised that she would like to go on record that the Board is in support of keeping the gym. She stated that she is under the assumption that the gym would be kept and included in the bidding process. 21 Book 29, Page 288 Supervisor Darden moved that the Board continue to work with the School Board to do everything possible that the Board can do to keep the existing gym at the Windsor Middle School. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. H County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal advice pertaining to the purchase of property for auction; pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Boykin's Tavern Advisory Committee; and, pursuant to Section 2.2- 3711.A.1 to discuss a personnel matter pertaining to a specific public official. Supervisor Darden 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 Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 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. 22 Book 29, Page 289 VOTE AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Chairman Casteen moved that the request for annual funding from Mayor Council of Franklin during his earlier presentation to the Board related to the USGS stream flow and rainwater gauges be added to the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved to fund $6,915 annually for the two (2) years. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. At 9:45 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. 0, a 0, R-"' &rW U Carey M' is Storm, Clerk 23 o Alan E. Casteen, Chairman