07-19-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF JULY IN THE
YEAR TWO THOUSAND AND TWELVE
PRESENT: Alan E. Casteen, Chairman
JoAnn W. Hall, Vice - Chairman
Rex W. Alphin
Byron B. Bailey
Delores M. Darden
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
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Chairman Casteen called the meeting to order at 5:00 p.m.
Supervisor Alphin delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Casteen called for Approval of the Agenda.
County Attorney Popovich requested the following revisions to the
agenda: Under the County Attorney's report, add consideration of a Joint
Funding Agreement and a Memorandum of Agreement pertaining to the
Chowan River Basin project and one (1) closed meeting item and under the
County Administrator's report, add discussion regarding correspondence
received from the Smithfield Volunteer Fire Department and consideration of
a Resolution to Recommit Unused FY2011 -12 Funds for EMS Billing
Expenses.
Supervisor Alphin moved to approve the Agenda, 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.
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Chairman Casteen called for Special Presentations.
A kitten currently available for adoption at the County's animal shelter
was displayed.
Sheriff Marshall advised that the County has been awarded grant funds
from PETCO for a temperature - controlled trailer for the purpose of
displaying animals for adoption. He advised that the grant will require no
match from the County and that he hopes to be in receipt of it in time for an
event scheduled on August 18, 2012 at the Tractor Supply store in
Smithfield.
Sheriff Marshall invited the Board to visit the animal shelter and to
participate in the Deputy ride -along program.
Laura Abel, Assistant Superintendent /Instruction and Curriculum, Isle
of Wight County Public Schools, introduced Chuck Parnish, Athletic
Director, Windsor High School, who addressed the Board regarding
concussion awareness.
Virginia Wade, Taste of Smithfield, was the featured small business
under- the Small Business Close Up segment of the agenda.
A Government Finance Officers Association plaque was accepted by
Chairman Casteen on behalf of the Board in recognition of the award of a
Certificate of Achievement for Excellence in Financial Reporting by the
County.
Chairman Casteen called for consideration of the following Consent
Agenda:
A. Accept and Appropriate Grant Funds/PETCO Grant Foundation
for the Isle of Wight County "Companions 4 You" Adoption
Campaign
Resolution to Accept and Appropriate Grant Funds from
the PETCO Capital Grant Foundation
B. Budget and Finance FYE 2012 Project Schedule
C. Unassigned General Fund Balance as of June 28, 2012
D. Litter Pick Up
Supervisor Darden moved that the Consent Agenda 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.
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Chairman Casteen called for Regional Reports.
County Administrator Caskey reported that the Hampton Roads
Transportation Planning Organization had received a presentation on the fast -
ferry system proposed in the Port of Hampton Roads which is intended to
take riders from the Peninsula to the Southside and alleviate cars on the
roadways. He stated a future demonstration is intended to determine how it
will be accepted by the general public. He advised that the closest outpost to
the County is in the City of Suffolk. He advised that transportation needs of
the military community were also reviewed at that meeting. He advised that
information was presented on regional efforts pertaining to a freight study
dealing with goods in and out of the Hampton Roads region. He advised that
the Director of Rail Transportation had provided a briefing and advised that
the first conventional train service out of Norfolk will begin in December.
He advised that a briefing was also received relative to the Route 460 project
and copies of the presentation were distributed to the Board. He advised that
the project will be under a construction contract by December 31, 2012 with
construction in early 2013. He advised three (3) proposals were received for
a total of 55 miles from Petersburg to Suffolk with seven (7) interchanges.
He advised that construction is anticipated to be complete in 2018 and the
project will operate on a 40 -year operational contract which will guarantee
funding of the project. He advised that tolls will be controlled by the State
and estimated at $.09 per mile. He advised there will be four (4) toll plazas
along the 55 -mile stretch, each roughly 11 miles long. He advised that trucks
will be charged a higher toll, approximately three (3) times the vehicular rate.
He advised that the Commonwealth Transportation Board is expected to
award the contract and select the construction firm in October.
Supervisor Alphin requested County Administrator Caskey to invite a
member of the Commonwealth Transportation Board or other appropriate
representative to brief the Board at a future meeting relative to what
secondary roads will be interfaced with the highway and how the alignment
will impact major tracts of farms.
County Administrator Caskey reported that the Hampton Roads
Planning District Commission had discussed the Phase 3, Final Report, on
regional climate change and rising sea level and the impact on areas with
immediate proximity to shorelines. He advised also discussed were changing
regulations for storm water management in the Commonwealth and how they
will affect local governments, as well as uranium mining and what impacts
these types of mining operations might have on major public water supply
systems such as the Lake Gaston pipeline and what impact might be
associated with a major natural disaster relative to leaching into nearby
reservoirs.
Chairman Casteen reported that the Smithfield Intergovernmental
Relations Committee had discussed a realignment of the Town limits and the
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use of the old rescue squad building. He advised that a tentative agreement
was reached with the Town that the County be allowed to utilize a portion of
that building for projects earmarked by the Director of General Services. He
ftirther advised that the Town of Smithfield has agreed for water and sewer
lines to be extended beyond the Town limits to serve the new volunteer
rescue squad building.
Chairman Casteen advised that the new Carrsville representative had
been welcomed by the Social Services Board at its most recent meeting.
Supervisor Bailey reported that a health fair will be conducted by the
Commission on Aging in August. He advised that the senior population has
doubled over the last decade.
Supervisor Alphin advised that the County -owned transfer station will
be an asset as it will provide the County bargaining power at the end of its
contract with the Southeastern Public Service Authority (SPSA). He advised
that the County must advise SPSA of its intentions by December 31, 2014.
He further reported that International Paper (IP) now has 225 employees,
86% of which are rehires from the old IP plant. He advised that the current
plant only uses 1/3 of the 36 million gallons of water per day previously
used, so little impact on the aquifer is expected.
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Chairman Casteen called for Transportation Matters.
Jamie Oliver, Transportation Planner, referenced a spreadsheet
contained in the agenda which summarizes the current status of the County's
transportation projects and citizen requests. She stated also included is a
summary of upcoming VDOT work for the Smithfield and Windsor
headquarters which includes a mowing update for secondary County
roadways.
Supervisor Alphin notified staff that cutting and cleaning efforts are
needed on Route 58 at the intersection in Franklin on the left side of the
roadway between the road and the railroad tracks and asked that staff relay
this concern to the appropriate VDOT official.
County Administrator Caskey advised that he had received a response
from Dennis Heuer, VDOT, regarding the appearance of the James River
Bridge (County side) and provided an outline of efforts done or to be done
with respect to the cleanup by VDOT.
Ms. Oliver presented a Resolution to Appropriate Funds from the
County's Unassigned General Fund Balance for the Paving of Five (5) Rural
Rustic Roads for the Board's consideration.
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Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE COUNTY'S
UNASSIGNED GENERAL FUND BALANCE FOR THE PAVING OF
FIVE (5) RURAL RUSTIC ROADS
WHEREAS, Isle of Wight County, participates in the VDOT Revenue
Sharing program and has set aside five hundred eighty one thousand and nine
hundred dollars ($581,900) in Unassigned General Fund Balance to pay for
the County's match to said Revenue Sharing projects as required by escrow
agreement; and,
WHEREAS, Isle of Wight County has committed to locally
administering five (5) Rural Rustic Road paving projects using Revenue
Sharing funds in the 2012 paving season and locally administered projects
require up front funding before expenses are reimbursed; and,
WHEREAS, the paving of Halltown Road is budgeted for $400,000;
and,
WHEREAS, the paving of White House Road is budgeted for
$125,000; and,
and,
WHEREAS, the paving of Poor House Road is budgeted for $153,870;
WHEREAS, the paving of Ballard Road is budgeted for $475,000; and,
WHEREAS, the paving of Pope Swamp Road is budgeted for
$716,075, with $250,000 having been previously appropriated for a
remaining unfunded balance of $466,075.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that an additional one million thirty eight
thousand and forty -five dollars ($1,038,045) be appropriated from the
Unassigned General Fund Balance for construction expenditures on rural
rustic road paving projects as committed in the VDOT Secondary Six Year
Improvement Program (SSYIP) FY 2013 -2018. Further, VDOT has
committed to reimburse the County $1,386,908 approximately 60 days after
receipt of eligible invoices are approved.
BE IT FURTHER RESOLVED that the Isle of Wight County
Administrator is authorized to make the appropriate account adjustment in
the budget and to do all things necessary to give this resolution effect.
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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Ms. Oliver presented a Resolution to Authorize the County
Administrator to Advertise Five (5) Rural Rustic Road Paving Projects for
Bid, Award the Contract and Execute All Documents Required for
Completion for the Board's consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO
ADVERTIZE FIVE (5) RURAL RUSTIC ROAD PAVING PROJECTS
FOR BID, AWARD THE CONTRACT, AND EXECUTE ALL
DOCUMENTS REQUIRED FOR COMPLETION
WHEREAS, the Virginia Department of Transportation (VDOT)
allows localities the option to locally administer transportation projects to
increase efficiency in project costs and schedules; and
WHEREAS, Isle of Wight County has committed to locally
administering five (5) Rural Rustic Road paving projects using Revenue
Sharing funds in the 2012 paving season; and
WHEREAS, Isle of Wight County anticipates VDOT Authorization to
Advertise on these five (5) projects within the next 30 days;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that the County Administrator is hereby
authorized, in conjunction with VDOT approval, to proceed with
advertisement of the projects.
BE IT FURTHER RESOLVED that the County Administrator is
hereby authorized to proceed with awarding the contract for said projects in
accordance with the Virginia Public Procurement Act and County policy and
is authorized to execute any and all necessary agreements, documents, and
payments to complete said projects, upon review and approval of the County
Attorney.
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. Oliver presented a request from a resident in Carrollton who would
like to utilize HRT's specialized ADA- accessible service for transportation
from Carrollton to the Sentara St. Luke's medical facility.
It was the unanimous consensus of the Board not to proceed with this
effort due to it being cost prohibitive.
Chairman Casteen called for Citizens Comments.
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Rita Richardson, Windsor Town Mayor, suggested that the County stay
in contact with the Governor and his staff and be aggressive with bringing in
new industry and businesses into the Intermodal Park in Windsor. She
advised that the Town Council desires to meet with the Board and work on a
joint strategic plan to promote the Park. She advised that the Windsor Town
Council wishes to retain the old Windsor Middle School for use as a
community center.
Clyde W. Smith, Carrollton resident, spoke in favor of the Board
granting a waiver to Troy Marine from having to build a sidewalk.
Joe Ferguson, Dews Plantation Road and a friend, Kevin Beatty,
requested relief from the County's Zoning Ordinance to allow a camper on
his 85 -acre farm. He stated research of the Ordinance reveals that he is even
prohibited from camping in his back yard in a tent. He stated that he was
advised in January of 2012 to initiate the process to have revisions made to
the Ordinance. He explained that he bought the property in 1991 with a
permanent rezoning. He stated the State later determined that counties, who
have been requiring owners with agricultural land to either obtain a
Conditional Use Permit or rezone, said it was unlawful and the County
removed his zoning from the books. He provided a document showing the
application, fees and a survey that he has paid in association with the
rezoning. He stated that now the issue is a smaller camper that is in violation
of the ordinance and he is requesting that the Board take action tonight to
revise the Ordinance so that citizens can camp in their own backyards
without being in violation of the law. He distributed two (2) pictures of his
property showing its location from the road. He stated he had been cutting
the grass at the roadway, but the County's Codes Inspector had complained
that it appeared someone was living there, but no one was living there and it
is just a recreational use of an RV, so he stopped cutting the grass. He said
the County also complained that the RV was hooked to a sewer and that there
might be runoff if a Boy Scout camps in the woods.
Chairman Casteen called for Board comments.
Responsive to the comments offered by the Windsor Town Mayor,
Supervisor Darden spoke in favor of scheduling a Windsor
Intergovernmental Relations Committee meeting to include the County's
Director of Economic Development and Director of General Services.
Responsive to Joe Ferguson's comments, Beverly H. Walkup, Director
of Planning and Zoning, advised the Board that the Planning Commission, at
its most recent meeting, asked staff to look at all uses in the rural agricultural
conservation zone district. She advised that the Ordinance currently prohibits
recreational vehicles being used for residential purposes. She stated that the
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permit Mr. Ferguson made reference to is a variance that was granted by the
Board of Zoning Appeals to allow two (2) residences on his property;
however, it does not allow him to have an RV. She advised that staff had
polled other localities and is similar to them. She advised that staff has
recommended to Mr. Ferguson that he follow the proper procedure for
requesting a Conditional Use Permit, but that he did not want to follow that
procedure.
Supervisor Hall moved that the Planning Commission be requested to
expedite its work and direct staff to return to the Board at its September 20,
2012 meeting with their recommendations. 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 spoke against the restrictiveness of the County's
Zoning Ordinance and suggested that Troy Marine be granted a waiver from
the sidewalk requirement.
County Attorney Popovich commented that the matter is to be
discussed later under the Community Development report.
Chairman Casteen called for the County Attorney's report.
County Attorney Popovich presented an amendment to the County's
Water Ordinance proposing a minor technical correction to the Ordinance
which was adopted by the Board at its June 28, 2012 meeting.
Supervisor Hall moved that the County Attorney's office be authorized
to set this matter for public hearing at the Board's August 16, 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 renewal agreement with Suffolk
Energies T/A Griffin Oil for the Board's consideration.
Supervisor Alphin moved that the Chairman be authorized to execute
the renewal agreement on behalf of the 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.
County Attorney Popovich presented a Joint Funding Agreement and
Memorandum of Agreement between the City of Franklin, Emporia, the
County of Sussex, the Counties of Surry, Greensville, Southampton and Isle
of Wight regarding the Chowan River Basin project in which the Board had
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previously agreed to contribute approximately $6,000 for a two (2) year
study.
Supervisor Bailey moved that the Chairman be authorized to sign the
Joint Funding Agreement and Memorandum of Agreement for the Chowan
River Basin project. 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 advised that he had four (4) matters to
discuss with the Board later during the closed meeting.
Chairman Casteen declared a recess.
At 7:00 p.m., the Board returned to open meeting.
Chairman Casteen called for a public hearing on the following:
A. The application of Curtis M. and Ivey Mae Holland, owners, and
Sprint, applicant, for a Conditional Use Permit to construct a
195' telecommunications tower with a 4' lightning rod on .504
acre of an 83.07 acre parcel of land, located at 22392 Murphy
Mill Road in the Windsor Election District.
County Attorney Popovich certified that the application has been
properly advertised.
Beverly H. Walkup, Director of Planning and Zoning, stated that Sprint
has advised that a tower is necessary at that location to improve the wireless
communication capabilities within that area. She stated there will be six (6)
uses on the tower, including the antenna, at elevations from 140' to 190'.
She stated the closest property line from the tower base is 228' and the
closest dwelling is 540'. She stated Sprint is proposing to lease a 100' by
100' foot area at the base of the tower and will also provide an on -site
generator to enable the tower to operate during power outages. She advised
that the Planning Commission, following its public hearing on this
application on June 26, 2012, recommended approval of the application by a
vote of (8 -0). She distributed pictures of the site showing the location of the
proposed base of the tower in relation to Everett's and Murphy Mill roads,
any existing vegetation and Mrs. Joyner's house. She advised that while this
property is heavily wooded, the tower will be higher than the treetops.
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Supervisor Bailey inquired the proximity of the tower to the airport and
Ms. Walkup advised that it is located approximately four (4) to five (5) miles
away.
Supervisor Darden inquired why this specific site was selected.
Tom Scirotto, Site Development, Sprint, responded he is charged with
obtaining the coordinates and determining three (3) potential candidates from
a certain search range, which are then provided to an engineer.
Supervisor Darden inquired if Sprint has any other towers located in
the County.
Mr. Scirotto responded towers are located in every direction every
three (3) to five (5) miles in the County, but they are not Sprint owned.
Responsive to Supervisor Bailey, Mr. Scirotto advised that Sprint
generally locates on towers that are not Sprint owned.
Supervisor Alphin inquired if Sprint could locate on one (1) of
Verizon's towers and not need to build another tower.
Mr. Scirotto replied that Sprint does work with in conjunction with
Verizon, but there is nothing in that area. He advised this tower would have
the capacity to allow six (6) carriers and he was not aware of the location of
the closest Verizon tower or even if the closest tower is Verizon owned.
Ms. Walkup advised that the County's ordinance requires there to be
six (6) co- location spots on a tower so there is not a tower for every wireless
company in the County. She stated it is her understanding that Sprint has
already looked at existing towers and not determined a location that would
provide the coverage needed. She advised that the closest towers to the
proposed site are located approximately three (3) to five (5) miles away.
Chairman Casteen opened the public hearing and called for persons to
speak in favor of or in opposition to the proposed application.
Angie Grumlit of 9141 Blounts Corner Road advised previously she
had been a Sprint customer and just recently Sprint agreed to let her out of
her contract because service cannot be provided where she lives. She advised
that the closest tower to her home is five (5) miles away. She advised that
she has now switched to Verizon and no longer has a problem with coverage.
Curtis Holland, applicant, advised that approval of his application
would result in additional income for him and will enhance communications
for County citizens and emergency communications as the County will have
a spot on the tower. He stated the tower will not decrease property values
and would not be an eyesore, although it will be seen over the treetops.
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Chairman Casteen closed the public hearing and called for comments
from the Board.
County Administrator Caskey advised that he was in receipt of a
petition signed by 37 individuals in opposition to the application.
Supervisor Hall asked Mr. Holland if he resides in the area of the
proposed tower and would he be able to see it from his home.
Mr. Holland responded that his home is in that area, but is located close
to the woods, which would prevent him from being able to see the tower.
Supervisor Darden advised that Ms. Joyner, who is in opposition to the
application, could not be present tonight and is passionate about retaining the
rural nature of the surrounding area. She stated the proposed tower can serve
many future customers, farmers and emergency services for the County. She
stated that while towers are not aesthetically pleasing, they are necessary for
communication. She stated the tower would be located well off the road and
the base of the tower, the fencing and the generator would not be visible. She
stated if it would provide competition, she has no problem with the tower.
Supervisor Alphin stated that he values the County's rural lands. He
stated citizens on the petition like blue sky and do not like the intrusion of
technology on their landscape. He agreed that Verizon needs competition.
Supervisor Hall advised that the Chief of Emergency Services has
advised her that the County has no plans to locate on the proposed tower, so
the towel- would not be critical for emergency services. She stated if there are
people who object to its proposed location, another location should be found.
Supervisor Bailey commented that the property consists of pristine land
and towers devalue the property a tower is located on, as well as any property
that the tower can be seen from.
Ms. Walkup clarified that the proposed tower will not require a light
because it is less than 200 feet high.
Supervisor Darden moved that the application be approved. The
motion was defeated by a vote of (2 -3) with Supervisors Darden and Casteen
voting in favor of the motion and Supervisors Alphin, Bailey and Hall voting
against the motion.
Chairman Casteen called for a public hearing on the following:
Ordinance to Amend and Reenact Chapter 3. Article V. Cruelty to
Animals
County Attorney Popovich certified that the proposed Ordinance has
been properly advertised. He advised that it was Chief Animal Control
Barlow's intention to require a separation between the time limitation and the
temperature restrictions. He stated that the intent was to read that tethering an
animal outdoors for more than 19 hours or in temperatures greater than 100
or less than 10% as measured at the tethering location. He advised that the
question will remain to be the ability to enforce it. He advised that the City
of Hampton recently adopted an ordinance prohibiting tethering although he
has been advised by the City Attorney's office that the matter may be
revisited. He advised that the Cities of Norfolk and Virginia Beach restrict
tethering to three (3) hours in any 24 hour period and have indicated to him
that they have been experiencing a significant amount of problems relative to
prosecution of the Ordinance relative to the timing issue.
Chairman Casteen called for persons to speak in favor of or in
opposition to the proposed Ordinance.
Pinky Hipp, Morgart's Beach Road, stated that tethering should not be
completely eliminated and suggested reducing the number of hours that an
animal can be tethered. She further suggested that the temperature be
reduced and that shelter and water that cannot be turned over be required.
She stated that Animal Control staff is understaffed, but the proposed is a
start towards making tethering more humane in the County.
Teresa Agee spoke on behalf of banning tethering. She stated she had
sent an email to the Board prior to the meeting stating that the proposed
ordinance is unrealistic, unenforceable and cruel in its present form.
Stephanie Dome of Carrollton spoke in support of a ban on tethering of
dogs.
Robbie Younger spoke in favor of a ban on tethering of dogs. She
stated the proposed Ordinance is unenforceable.
Kim Horne, President of the Isle of Wight Humane Society, spoke in
favor of banning tethering, but noted concerns with the enforcement of the
proposed ordinance with respect to time limitations and temperatures. She
offered the assistance of the Humane Society with regard to an enforceable
ordinance.
Herb DeGroft of 15411 Mill Swamp Road spoke in favor of an anti
tethering ordinance in temperatures above 80 degrees or under 20 degrees.
Angie Grummet, a former Animal Control Officer for York County and
the City of Newport News, distributed pictures of tethered animals and stated
she has personally witnessed the long and short-term effects chaining has on
dogs. She spoke in favor of a ban on tethering of animals.
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Mary Tyler of Mill Swamp Road stated that tethered animals are
already in danger at temperatures lower than 100 degrees or above 10
degrees. She stated 19 hours is too long and suggested a period of 12 hours.
She stated she does not support a total ban on tethering due to the rural
character of the County. She stated some dogs cannot be contained within a
fence and some are not companion pets. She stated there is a need to be able
to prosecute abuse when seen without criminalizing common normal
behavior.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Bailey spoke against the tethering of animals stating it is
inhumane.
Supervisor Darden stated she does not believe the proposed ordinance,
as written, will be enforceable by Animal Control Officers and will be
difficult to prosecute. She stated the ordinance does provide sufficient
language regarding the inhumane treatment of animals which could be
enforced by Officers.
Chairman Casteen spoke against tethering of animals.
Supervisor Hall spoke against tethering of animals. She stated she is
opposed to adopting any ordinance that the Board will have to grant waivers
for. She stated the ordinance already addresses cruelty to animals and
Officers can use their own judgment when becoming aware of a case
involving animal abuse.
Supervisor Bailey moved that the County Attorney's office be directed
to amend the proposed Ordinance to prohibit tethering of dogs completely
and authorize that office to advertise a public hearing on the proposed
revision. 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 Board revert back 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.
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Chairman Casteen called for a five (5) minute recess.
The Board returned to open session.
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Chairman Casteen called for the Community Development report.
Ms. Walkup made reference to background information which was
requested by Supervisor Bailey and contained in the agenda pertaining to the
Bicycle and Pedestrian Trail System. She stated that should the Board decide
to grant a sidewalk waiver to Troy Marine, procedures for amending the
County's Ordinance need to be developed, as well as a recommended policy
going forward.
Supervisor Hall commented that while sidewalks need to be in
residential areas, the County's Zoning Ordinance could be amended to
include a provision for the establishment of a fund for commercial areas
relative to the fixture construction of a sidewalk, in addition to requiring an
easement.
Supervisor Bailey moved that the Board make a recommendation to the
Planning Commission to revise the Ordinance, for commercial properties
only, that the construction of a sidewalk is not mandatory, however,
dedication of an easement to the County is mandatory and some financial
contribution for the construction of a future sidewalk, to be determined by
staff, would be appropriate based on road frontage. 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 Parks and Recreation report.
Marls W. Furlo, Director of Parks and Recreation, addressed the Board
regarding the Joel C. Bradshaw Fairground project. He stated five (5)
qualified bids for the sale of timber at the Park were received and a notice to
award has been issued by the Finance Committee. He stated that the
County's profit from the sale of the timber is estimated to be $57,000. He
requested permission to proceed with the cleanup project before the money is
received from the sale of the timber.
Supervisor Bailey moved that staff be authorized to bid out the "clean
up" of the overflow parking area at the Fairgrounds. 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 General Services report.
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Eddie P. Wrightson, Director of General Services, addressed the Board
regarding staff's meeting with certain residents on Campbells Chapel Drive
regarding the disrepair and failing septic systems in their neighborhood. He
stated that these residents are seeking help from the County relative to
making sanitary sewer service available for these residents to connect. He
stated currently there is no policy that addresses the extension of sewer
service to the County to serve existing residential area and these residents are
asking the County to design and construct the project.
Harry Griffin, an authorized soil evaluator, stated due to the soil
conditions in that area, these residents will have to put in alternative septic
systems at a cost of $10,000 to $15,000. He stated because of the soil, they
may spend that money and those systems still not function properly.
Supervisor Darden moved that staff be directed to develop a policy for
residences located inside the Development Service District for potential hook
up of water and sewer. 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.
Mr. Wrightson requested permission to reclassify a Lead Maintenance
Worker position in the General Services/Buildings Division.
Supervisor Alphin moved that the Human Resources Department be
authorized to reclassify the Lead Maintenance position to a multi- disciplined
tradesman type position and to fill the position at a competitive salary. 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.
Mr. Wrightson requested permission to reclassify an Environmental
Assistant position in the General Services /Engineering Division.
Supervisor Alphin moved that staff be authorized to reclassify Ms.
Danielle Ridley to an Engineering and Environmental Technician (Grade 12)
at the starting salary rate effective July 1, 2012. 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.
Mr. Wrightson notified the Board of the resignation of a Utilities
Systems Worker in the General Services /Public Utilities Division.
Chairman Casteen moved to authorize the Human Resources
Department to immediately advertise the vacant position of a Utilities
Systems Worker in the Public Utilities Division. 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.
15
Chairman Casteen called for the County Administrator's report.
Gerald H. Gwaltney, Commissioner of the Revenue, advised that the
Board of Assessors has completed its work for the County and the real estate
assessment forecast for FY2013 is $4,116,000,000. He stated the forecast put
out in February was based on the old reassessment values in the amount of
$4,374,000,000. He recommended that the County's rates be adjusted to
neutralize the real estate revenues so that the same amount of revenue is
brought into the County that the budget is based upon. He stated that the
difference is between $1.6 million and $1.7 million in tax dollars or
approximately $.05 to meet the shortfall.
Chairman Casteen inquired if he is aware of any other monies coming
in that he has not apprized the Board about.
Mr. Gwaltney reported that International Paper has notified the County
that certain equipment which has been listed as idle has been brought back
into service which equals $1.67 million in revenue to the County.
Supervisor Bailey moved that the matter be postponed until the Board's
August 16, 2012 meeting and that the Director of Budget and Finance be
prepared to provide the Board with finite figures regarding what has not been
spent and will be left over in departmental budgets. 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.
Michael W. Terry, Director of Budget and Finance, reviewed the bond
market issuance timeline included in the agenda and requested the Board to
take the appropriate actions recommended by Davenport.
Chairman Casteen moved that staff be directed to go to the bond
market in the amount of $20 million in additional bond financing. 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 County Attorney's office be
authorized to advertise a public hearing on the $20 million additional
borrowing pursuant to the schedule presented. 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.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, presented a Resolution to Accept and Appropriate Hazard
Mitigation Grant Program Funds for the Board's consideration.
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Chairman Casteen moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE HAZARD
MITIGATION GRANT PROGRAM FUNDS
WHEREAS, Isle of Wight County has identified a residential property
at 601 Quail Street in Smithfield that has been substantially and is eligible for
acquisition under the provisions of the Hazard Mitigation Grant Program;
and,
WHEREAS, the Federal Emergency Management Agency has
approved the County's application and funds have been obligated for the
property acquisition through the Hazard Mitigation Grant Program; and,
WHEREAS, funds in the amount of one hundred forty nine thousand
six hundred fifteen dollars ($149,615) need to be accepted from the Virginia
Department of Emergency Management and appropriated to the County's
FYI 2-13 Operating Budget.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Isle of Wight County, Virginia hereby accepts funds in the
amount of one hundred forty nine thousand six hundred fifteen dollars
($149,615) from the Virginia Department of Emergency Management and
appropriates said funds to the County's FYI 2-13 Operating Budget.
BE IT FURTHER RESOLVED that the County Administrator is
authorized to do all things necessary to make the appropriate accounting
adjustments in the budget and to give this resolution effect.
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.
Mr. Robertson reviewed the 2013 VACo Legislative Program with the
Board and requested the Board to provide him with any items they wished to
be included in the Priority List prior to its August 16, 2012 meeting.
Mr. Terry presented a Resolution to Recommit Unused FY2011 -12
Funds for EMS Billing Expenses for the Board's consideration.
Supervisor Bailey moved that the following Resolution be adopted:
UNUSED BOARD APPROPRIATED START UP COST FOR EMS
BILLING EXPENSES FOR EMERGENCY MEDICAL SERVICES
RECOVERY PROGRAM
WHEREAS, Department of Emergency Services has requested that
funding identified as start up cost, dedicated for specific revenue purposes
and /or has been unused or set aside to accomplish a specific
17
strategy /initiative, to not lapse to the General Fund as of June 30, 2012
yearend close; and,
WHEREAS, once the final accounting for yearend close has occurred
the available amounts or so much as determined available can only be used
for the purpose committed by this Board resolution; and,
WHEREAS, GASB Statement No. 54 sets forth that the Board of
Supervisors can adopt by resolution that such funding requests be classified
as committed.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County adopts this resolution to
commit available funds for EMS Billing expenses once said funds have been
frilly accounted for at the conclusion of June 30, 2012 yearend close.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
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.
Mr. Terry reviewed the process by which fiends are dispersed to the
various fire and rescue organizations. He requested the Board to allow a
true up so that these organizations will have their full 2013 budget by which
to operate on in the first quarter of the new fiscal year.
Chairman Casteen commented that the Smithfield Volunteer Fire
Department and the Isle of Wight Rescue Squad are in a unique position this
year because in prior years they were significantly fielded by the Town of
Smithfield at the beginning of the quarter. He stated that he has been asked
to represent a request from the Smithfield Volunteer Fire Department that the
County grant their $19,320 fourth - quarter payment at this time, along with
$25,000 (half of their first quarter estimate), for a total of $45,000 so that
they can meet their current obligations. He stated doing so will allow them to
survive the transition of no longer receiving funds from the Town of
Smithfield. He stated the County needs to stop its past practice of
overlapping current appropriations.
Chairman Casteen moved, then withdrew his motion, that the
Smithfield Volunteer Fire Department be advanced $19,300 for the fourth
quarter payment which is due and, in addition, $25,000 which is half of that
organization's first quarter, which will be subtracted from their quarter -end
payment, which would bring them to a total of $44,300.
16:1
Supervisor Bailey moved that the Board move forward with truing up
all County fire and rescue volunteer organizations based on their budgeted
amounts. 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 Board advance $25,000 from the
current fiscal year budget for the first quarter. 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.
Micky Stallings of Scotts Factory Road represented a request from the
Smithfield Volunteer Fire Department for funds in the amount of $101000 to
be used to repair a fire truck used by that Department.
Chairman Casteen commented that he is currently speaking with the
Smithfield Mayor regarding the possibility of the Town of Smithfield
contributing half of the cost to repair the truck.
Supervisor Alphin voiced a concern with setting a precedent as
requests such as this could be forthcoming from all volunteer organizations.
Chairman Casteen moved that the County contribute $10,000 towards
the truck repair to the Smithfield Volunteer Fire Department. 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.
Supervisor Alphin moved that Pat Walker be appointed to serve on the
Beautification Committee representing the Carrsville District and replacing
Sarah Leggett. 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 Barbara Wiggins be appointed to serve on
the Social Services Board representing the Hardy District and replacing
Gloria Wilson. 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 Caroline Hurt be appointed to serve on the
Paul D. Camp Community College Board, replacing Robert C. Claud, Sr.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
19
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bailey moved that Grace Keen be appointed to serve on the
Commission on Aging as an At -Large member. 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 Old Business.
Lisa T. Perry, Director of Economic Development, responsive to
direction from the Industrial Development Authority at its meeting of July
10, 2012, represented a request by the Authority regarding a property
purchase option to acquire a 50 -acre parcel in the Phase II of the Shirley T.
Holland Intermodal Park.
Supervisor Alphin moved that the Board authorize an advance of the
$500,000 to the Industrial Development Authority based upon terms of a
promissory note acceptable to the County Attorney and authorize the
Chairman to execute such Note on behalf of the 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 New Business.
Supervisor Bailey notified the Board that Marie Bailey recently
received a bill from the County in the amount of $449 for ambulatory
services she received and needs assistance paying.
It was recommended that Supervisor Bailey speak with the Chief of
Emergency Services about the ambulatory charge.
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Freedom of Information Act concerning
discussion of a personnel matter relating to a specific public official; pursuant
to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring
the provision of legal advice pertaining to the Southeastern Public Service
Authority; pursuant to Section 2.2- 3711.A.7 regarding consultation with
legal counsel requiring the provision of legal advice pertaining to school
appropriations; and, pursuant to Section 2.2- 3711.A.5 concerning discussion
about a prospective business or industry or the expansion of an existing
20
business or industry where no previous announcement has been made of the
business or industry's interest in locating or expanding its facilities in the
community.
Supervisor Hall moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. The motion was adopted by a
vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin 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.
Chairman Casteen moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.1) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Darden moved to authorize the Incentive Plan as discussed
in the closed 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.
21
Chairman Casteen moved to authorize the Chairman to execute the
letter as discussed in closed 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.
Paul D. Camp Community College /Golf Tournament Sponsorship:
County Administrator Caskey presented a request from Paul D. Camp
Community College relative to the County's sponsorship of its golf
tournament.
The Board concurred that it could not sponsor the tournament this year
due to budget constraints.
i;
At 10:45 p.m., Chairman Casteen declared the meeting adjourned.
&w7u& IkAIIA,-% VI 0
arey M lls Storm, Clerk
22
Alan E. Casteen, Chairman