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
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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%
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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
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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.
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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
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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.
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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
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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:
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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.
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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
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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.
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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