09-20-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF SEPTEMBER 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
Chairman Casteen called the meeting to order at 5:00 p.m.
Supervisor Bailey delivered the invocation.
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Quinn Wilson of Boy Scout Troop 41 in Windsor led the Pledge of
Allegiance.
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 three (3) closed meeting items
and a resolution authorizing competitive negotiations for residential refuse
collection; under the Consent Agenda, add a waiver of County fees for the
proposed Isle of Wight Volunteer Rescue Squad facility; and, under New
Business, add a discussion regarding uranium mining, the allocation of funds for
fair entertainment bookings, a proposed seven (7) district redistricting plan and
the hiring of Parks and Recreation personnel for the Carrsville Before and After -
School Program.
Supervisor Alphin moved that the Agenda be approved 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 /Appearances.
Kittens currently available for adoption at the County's animal shelter
were displayed.
Mr. Clarence Hucks, Southern States, briefed the Board regarding that
company's products and services.
The Board received a briefing from Mr. Phillip Rinehart, Virginia
Department of Transportation/Norfolk Office, regarding the proposed Route
460 Corridor improvements project anticipated to begin January 2013 and be
in operation in 2018.
The Board received a presentation from Mr. Jimmy Sanderson,
Davenport and Company, relative to the County's recent visit to the rating
agencies, the reaffirmation of the County's financial ratings and the sale of
bonds. He advised that the County's current credit rating remains in the
"AA" category. He stated two (2) of the County's utility bond participation
notes have been refinanced; the County has financed $19,755,000 in capital
needs; and, a portion of 2003 -04 bonds were refunded in the approximate
amount of $14 million. He advised that bonds in the amount of $48,465
million have been sold and are scheduled to close on September 27, 2012 at a
locked in rate of 3.23% and a final maturity date of 2043. He advised that the
rating agencies expressed concern with how the County will handle its 2013
budget as it relates to the $1.7 million dollar gap in the real estate
reassessment and its ability to sell certain property included in that budget.
He advised that a keen eye will be kept on the County's use of its Fund
Balance in 2013 and what it does in 2014 to return to a structural balance.
He stated affordability must be addressed if the County wishes to consider
additional borrowings and rating agencies will want to know how the
County's debt service to expenditures is affected on an annual basis and its
total debt to assessed value, as well as how this matches up to other
jurisdictions. He pointed out that the County has many upcoming projects
that will produce revenues for the County.
Betty Entsminger, Coordinator for Safety and Security, Isle of Wight
County Public Schools, addressed the Board regarding hurricane preparation
plans.
Rusty Chase, Chief of Emergency Services, spoke favorably about the
relationship between the County and the Schools with respect to use of
school facilities as shelters.
The Board received a presentation from representatives of The
Children's Center relative to the Head Start Program.
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Chairman Casteen called for consideration of the Consent Agenda.
A. Resolution Declaring September National Preparedness Month
B. Disaster Designation Process Changes/New Regulations
C. Request to Hire a Part-time Employee for the Smithfield Farmers
Market
D. Division of Historic Resources/Report on Usage of Boykin's
Tavern Museum
E. Voting Credentials for the VACo Annual Meeting
F. Resolution to Deem Certain Property as Surplus
G. Report on Work Orders — Buildings Division of General Services
H. Waiver of County Fees for the Proposed Isle of Wight Volunteer
Rescue Squad Facility (Added under Approval of the Agenda)
I. July 19, 2012 Regular Meeting Minutes
Supervisor Darden moved that the Agenda be adopted as revised. 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 Regional Reports.
Supervisor Hall advised that the Chamber of Commerce had held its
annual meeting and elected its Officers.
Chairman Casteen reported that the Hampton Road Economic
Development Alliance had received a presentation from the Port Authority
advising that the year -to -date growth rate is 8% compared to an average of
4 %.
Supervisor Darden reported that the Hampton Roads Transportation
Planning Organization had discussed the results of a regional Hampton
Roads Freight Study. She advised that Route 460 is needed for truck traffic
and that September 201" is the start of a public participation plan. She
advised that rail facilities from Norfolk to Washington DC were also
discussed and the Tidewater area had acquired $58 million in Federal funding
to resurface interstates in Hampton Roads and Richmond.
Supervisor Darden reported that the Hampton Roads Planning District
Commission (HRPDC) had received a report regarding energy usage by the
United States. She advised that the Annual Report was presented and a
resolution adopted in opposition to uranium mining. She stated surrounding
localities are also being requested to adopt similar resolutions.
County Administrator Caskey advised that routine business matters and
budgetary and capital items had been discussed at the most recent meeting of
the Southern Public Service Authority (SPSA). He stated SPSA staff
continues to evaluate options for post 2018.
County Administrator Caskey advised that routine business matters and
the issue of uranium mining were discussed at the most recent meeting of the
Western Tidewater Regional Jail. He stated other localities are being
requested to support a similar resolution in opposition.
Supervisor Darden stated that the Town of Windsor is ready to grow
and are looking for ways that the County can assist them with respect to
growth opportunities. She stated sewer lines, water capacity and retaining
the existing gym were topics of discussion at the most recent meeting of the
Windsor Intergovernmental Relations Committee.
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Chairman Casteen called for Transportation Matters.
Supervisor Alphin reiterated a request for cutting and cleaning efforts
along Route 58 Business on the left side of the roadway between the road and
the railroad tracks.
Supervisor Alphin requested staff to notify VDOT about flooding at
Herrala Brothers due to inadequate roadway culverts on Route 258.
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Chairman Casteen called for Citizens Comments.
Tony Shank, 4701 Old Mill Road, notified the Board that flooding is
occurring on her property as a result of runoff from holding ponds on the
adjacent Shirley T. Holland Industrial Park property.
James Shank, 4703 Old Mill Road, notified the Board about the
impacts to his home and property associated with flooding from runoff from
the Shirley T. Holland Industrial Park which is located adjacent to the
property.
Joe Ferguson, 12014 Dews Plantation Road, addressed the
requirements of the County's Zoning Ordinance as it relates to it being illegal
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for County property owners to camp in an RV, camper trailer or tent on their
private property unless they have a $1,350 campground permit from the
County.
Walter Burnacky, 24129 Johnson Avenue, addressed the Board
regarding Section 3 -6000 of the County's Zoning Ordinance with respect to
its use of recreational vehicles on private property.
Herb DeGroft, 15411 Mill Swamp Road, encouraged the Board to keep
in mind the importance of uranium before it votes to support anti - uranium
mining efforts.
Chairman Casteen called for Board comments.
Responsive to Supervisor Darden's request for a status report on the
Shank property, Frank Haltom, Assistant Director of General Services,
advised that flooding could be the result of an 18 -inch pipe installed over a
30 -foot cross section of the ditch. He advised that Green Mountain Coffee's
calculations and BMP's appear fine and staff has offered to submit these to
the Department of Conservation and Recreation for its review. He advised
that information on SAFCO is still being researched and staff continues in its
investigative efforts.
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Chairman Casteen called for the County Attorney's report.
County Attorney Popovich presented a Timber Sale Agreement with
S &M Timber Products for the purchase of timber from Heritage Park for the
Board's consideration.
Supervisor Bailey moved that the Chairman be authorized to execute
the Timber Sale 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 Purchase Agreement with Hope
Presbyterian Church proposing to acquire approximately ten (10) acres of
property located on Great Springs Road from the County at a price of $6,000
per acre.
Supervisor Darden moved that the matter be referred to the Building,
Grounds and Transportation Committee for review of proposed road frontage
with the sale of the property and that staff bring back a report to the Board at
its October 18, 2012 meeting. The motion was adopted by a vote of (5 -0)
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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 Resolution Authorizing
Competitive Negotiations for Residential Refuse Collection for the Board's
consideration.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION OF BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY REGARDING COMPETITIVE NEGOTIATION FOR
SERVICES UNDER ORDINANCE FOR EXCLUSIVE RESIDENTIAL
REFUSE COLLECTION
FRANCHISE AGREEMENT
WHEREAS, the Board of Supervisors (the "Board') of Isle of Wight
County, Virginia (the "County ") has previously entered into an ordinance and
agreement for the provision of residential refuse collection services, the
extended term of which is due to expire on December 31, 2012; and
WHEREAS, the Board desires to receive proposals for similar services
(the "Collection Services ") to begin January 1, 2013 from qualified firms.
NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors
of Isle of Wight County, that:
1. The County Administrator, County Attorney and other employees,
representatives and agents of the County are authorized and directed
to take such actions as are necessary for consideration of a County
ordinance regarding such Collection Services, including but not
limited to the issuance of a request for proposals for such Collection
Services and providing notice of a public hearing on such ordinance
in accordance with Virginia law.
2. The Board finds that competitive sealed bidding is not practicable for
the proposed agreement for residential refuse collection services
because a number of factors in addition to the cost of services,
including contractor experience, equipment and financial stability,
are important in evaluating the selection of a contractor or
contractors that would best serve the interests of the County, and
therefore competitive negotiation is the most advantageous method
of procuring such services and goods.
3. This resolution shall take effect immediately.
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 declared a break and the Board returned to open
session at 7:00 p.m.
Supervisor Hall moved that the public hearings be conducted at this
time. 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:
A. An Ordinance to Create the Moonlight Agricultural Forestal
District
Sandy Robinson, Planner, presented the application and advised that
the Planning Commission recommended approval with the addition of the
Blackwater properties. Revised maps were distributed by her to the Board.
Chairman Casteen called for those to speak in favor of or in opposition
to the proposed Ordinance.
Gerald H. Gwaltney, Commissioner of the Revenue, stated due to the
Board's planning, the County offers a way of life which appeals to many. He
stated the application is intended to maintain and preserve the rural character
of the County and this area has some of the prettiest farmland with large pine
timber tracts that could supply International Paper with a good source of raw
material for its fluff operation. He stated the County's Comprehensive Plan
encourages the expansion of existing Agricultural Forestal Districts in
addition to the creation of additional Agricultural Districts throughout the
rural part of the County as a means of preserving the agricultural and forestal
lands. He requested the Board approve the application.
There being no others to speak, Chairman Casteen closed the public
hearing and called for comments from the Board.
County Attorney Popovich advised that the Blackwater property has a
conservation easement and the Board would be required to seek approval by
the State in order to add it.
Supervisor Alphin moved that the Board approve the creation of the
Moonlight Agricultural Forestal District and adopt the following Ordinance
as presented:
AN ORDINANCE To AMEND AND REENACT
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THE ISLE OF WIGHT COUNTY CODE BY
AMENDING AND REENACTING
APPENDIX D. AGRICULTURAL DISTRICTS,
SECTION D -1, DISTRICT ESTABLISHMENT.
WHEREAS, Section 15.2 -4300 of the Code of Virginia (1950, as
amended) enacted the Agricultural and Forestal District Act, which created
enabling legislation to provide for a mutual undertaking by landowners and
localities to protect and enhance agricultural and forestal land as a viable
segment of the Commonwealth's economy and as an economic and
environmental resource of major importance; and
WHEREAS, Section 15.2 -4303 of the Code of Virginia (1950, as
amended) stipulates the process by which localities shall enact ordinances to
effectuate Agricultural and Forestal Districts; and
WHEREAS, the Isle of Wight County Board of Supervisors believes it is
now appropriate to create an additional district in accordance with the
provisions of state law.
Now, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board
Of Supervisors, Virginia, that the Isle of Wight County Code is hereby
amended and reenacted by amending and reenacting Appendix D,
Agricultural Districts, Section D -1 by adding subsection (D) as follows:
Sec. D -1. District Establishment.
The County of Isle of Wight, Virginia, finds that the conservation and
protection of its agricultural and forestal lands for the production of food and
agricultural and forestal products is vital to the public interest and upon the
advice of the Agricultural and Forestal Districts Advisory Committee and the
Planning Commission, and after the conduct of a public hearing, and with the
concurrence of the landowners, the Board of Supervisors of Isle of Wight
County does hereby promulgate the existence of the Longview Agricultural
District, the Knoxville Agricultural District and the Courthouse Agricultural
District initially created and established by separate ordinances in
accordance with the provisions of the Code of Virginia (1950, as amended),
as follows:
A. Longview Agricultural District established on June 21, 1979 for a
period of eight (8) years, and subsequently renewed, effective June
21, 1987 for a period eight (8) years, renewed effective June 21,
1995 for a period of ten (10) years, and renewed effective June 21,
2005 for a period of ten (10) years to expire on June 21, 2015; and
B. Knoxville Agricultural District established on April 21, 1983 for a
period of eight (8) years, and subsequently renewed, effective April
21, 1991 for a period ten (10) years, renewed effective April 21,
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2001 for a period of ten (10) years, and renewed effective April 21,
2011 for a period of ten (10) years to expire on June 21, 2021; and
C. Courthouse Agricultural District established on September 15, 1988
for a period of eight (8) years, and subsequently renewed, effective
October 17, 1996 for a period ten (10) years, renewed effective
October 17, 2006 for a period of ten (10) years to expire on October
17, 2016.
D. Moonlight Agricultural/Forestal District established on September
20, 2012 for a period of ten (10) years to expire on September- 20,
2022.
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:
Lease of Property Located at 236 Washington Street, Smithfield,
Virginia to The Children's Center for Use in the Head Start
Program
County Attorney Popovich advised that the lease has been properly
advertised for public hearing.
Chairman Casteen called for those to speak in favor or in opposition to
the proposed lease.
No one appeared and spoke in opposition or in favor.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Bailey moved that the Chairman be authorized to execute
the lease 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 a public hearing on the following:
C. Ordinance to Adjust the Real Estate Tax Rate in Order to
Equalize Revenues for Isle of Wight County
County Attorney Popovich advised that the Ordinance has been
properly advertised for public hearing.
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Chairman Casteen called for those to speak in favor of or in opposition
to the proposed Ordinance.
Ed Easter of Carrollton stated the proposed tax increase equates to a
$4.38 monthly increase for him which he is in favor of.
Harold Blythe of Walters urged the Board not to raise taxes due to the
downturn in the economy. He stated revenues from International Paper
should be realized this year and he recommended other resources be used this
early in the fiscal year and not increase taxes at this time.
Dick Grice of Smithfield spoke in opposition to real estate taxes being
raised. Stating that his net worth has declined due to the economy and many
will not get a pay raise this year and have had to adjust household
expenditures in order to cover necessities.
David Willis of Smithfield requested the Board not to raise the real
estate tax rate. He recommended waiting until the economy improves before
selling certain County properties. He stated that a large portion of the
County's budget is school related and they should be held accountable.
Votie Boykin of Walters spoke against a tax increase and
recommended that School budgets be passed categorically in the future.
Gina Fita urged the Board not to approve a tax increase and look for
other ways to generate revenue.
Jim Henderson stated the Board has a number of options it could
pursue before implementing a tax increase. He stated it is not time to sell the
County's long -term assets and he suggested that leasing may be a better
alternative at this time than selling those properties.
Sharon Hart of Carrollton stated that there is nothing appropriated in
the budget for economic development for needed water lines to Suffolk and
continued infrastructure in the Shirley T. Holland Intermodal Park. She
stated 1,000 jobs at the Intermodal Park equates to $40 million annually and
the public could recoup its investment in one (1) year. She stated the State
has invested in the area by designating it an economic zone and invested in
Route 460 improvements in order to accommodate this. She stated that
revenue from Green Mountain Coffee Roaster incentives will not be realized
for at least three (3) years and she pointed out that the County enjoys the
lowest taxes in the region.
Chairman Casteen closed the public hearing and called for comments
from the Board.
Supervisor Bailey spoke against taxes being raised. He stated if
approved, this would snake an increase for this year of $.17 without any
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reduction in assessments. He stated that the County is supposed to be
business friendly.
Supervisor Alphin stated that the County is currently operating at a
$1.6 million deficit due to the reassessment. He said add another $1.2
million due to the sale of property being in the budget that has not been sold
which equates to a deficit of $2.8 million in this year's operating budget. He
said add another $500,000 obligation to VDOT and $300,000 to the Schools
which will need to be taken from the Unassigned Fund Balance for a total
deficit of $3.7 million. He stated the County is obligated to pay another $2.6
million due to resolutions adopted previously and rollovers in the amount of
$1.1 million. He stated the County is now obligated to pay an additional
$300,000 for the Georgie Tyler Middle School pumping station making a
total of $4 million dollars that the County is obligated for, but does not have.
He stated the County will be receiving a check for the Blackwater property in
the amount of $950,000; receiving a Machinery and Tools Tax reserve in the
amount of $315,000; and, an additional tax from International Paper in the
amount of $250,000, leaving the County operating at a $3.3 million deficit.
He stated the County's debt service for next year is $8 million and the year
following is over $10 million. He asked how the County will pay these debts
if it does not maintain what it has. He stated that a majority of capital
projects were not funded this year and the County just borrowed $20 million
this year and most of that is already obligated.
Supervisor Hall stated the County already holds a deficit in excess of
$3 million and next year there is $2 million of extra debt service that the
County is going to pay making a total of $5 million. She stated the County
has borrowed the maximum amount it can until 2015 for water and sewer
projects. She stated the County is in a critical situation and needs to have a
balanced budget. She stated infrastructure needs to be in place to bring in
more businesses and industries so the County is not dependent solely on
revenue from its real estate taxes.
Supervisor Darden stated including the sale of properties as an income
source in the budget was wrong, but there will be other revenues that will be
coining in to meet the County's expenses. She stated the Board will need to
look very hard next year during the budget cycle and scrutinize all
expenditures. She stated she is not in favor of raising taxes at this time.
Chairman Casteen stated Green Mountain Coffee Roasters and
International Paper will be coming on line and will provide additional
revenues for the County. He stated the Board may need to consider raising
taxes next year, but this year it owes it to its citizens to wait and see. He
stated that some of the County's expenses will not be as large as budgeted for
and the County has ended up with a surplus each year due to efforts of staff
to contain operating costs.
Supervisor Bailey moved that the Ordinance be denied. The motion
was adopted by a vote of (3 -2) with Supervisors Casteen, Darden and Bailey
voting in favor of the motion and Supervisors Alphin and Hall voting against
the motion.
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Supervisor Bailey amended the order of the agenda in order to allow
Mr. Toll to address the Board regarding a water concern. 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.
Elmer Toll, 102 Deep Water Way, addressed the Board regarding the
subdivisions of Brewers Creek, Quail Meadows, Lake Shores and Cedar
Grove being switched over to County water from a private well. He advised
the Board that disruptions in service, which occur after hours, are answered
by the Sheriff's Department who cannot advise when service will be restored
or provide other contact numbers.
Eddie P. Wrightson, Director of General Services, advised that staff is
exploring methods by which information can be relayed to water and sewer
customers during emergency situations. He stated in an effort to improve
communications, he intends to propose to the Dispatch Center that the names
and phone numbers of individuals who are experiencing water and sewer
issues be provided to the technician responding to the emergency so that a
report can be provided back to the affected citizen what the emergency
consists of and how long he anticipates it will take to fix the problem.
Chairman Casteen requested the Director of General Services to draft a
set of forms /procedures designed to facilitate communications when calls for
assistance are received dealing with water and sewer.
Chairman Casteen moved that the Board revert 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 Community Development report.
Ms. Walkup presented the following application for the Board's
consideration.
Application of Troy Marine, LLC, owner /applicant for a waiver to
Sections 6- 2009(0), Pedestrian and Bike Pathways and Section 7-
1004(D)(2), Commercial and Industrial Development.
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Supervisor Bailey commented that the applicant is going to lose his
loan at the end of the month because he is not in compliance with the
County's Zoning Ordinance. He stated that the subdivision behind it does
not have sidewalks.
Supervisor Hall cautioned the Board about setting a precedent that by
not requiring this business to follow the requirements of the Subdivision
Ordinance.
Supervisor Alphin commented on the purpose of an ordinance
requiring bikes and pathways through the County if the Board is going to
grant exceptions.
Chairman Casteen commented that the Board has directed the Planning
Commission to make certain changes to the ordinance, but the Commission
had instead recommended that the Board uphold this requirement.
Supervisor Bailey moved that the waiver be granted. The motion was
adopted by a vote of (3 -2) with Supervisors Casteen, Darden and Bailey
voting in favor of the motion and Supervisors Alphin and Hall voting against
the motion.
Ms. Walkup, responsive to the Board's direction for staff to return to
the Planning Commission with the request that it address the issue of the use
of recreational vehicles in the Rural Agricultural Conservation (RAC)
District, advised that the Planning Commission has requested staff to prepare
a report for approval of the Commission Chairman which is contained in the
agenda for the Board's discussion. She advised that the Commission is
recommending that there be no changes to the Ordinance and has authorized
the Zoning Administrator to write a report as to how the Commission arrived
at this decision and submit it to the Commission Chairman for approval. She
stated at the Board's seat is a picture of the recreational vehicle in violation
of the Ordinance and a copy of the Zoning Ordinance. She stated the
definition of a campground is any site, lot, parcel or tract of land on which
accommodations for temporary occupancy is located or may be placed,
including cabins, tents and recreational equipment and recreational vehicles
and which is primarily used for recreational purposes and retains an open air
or natural character. She advised that the Zoning Ordinance does not
regulate citizens camping in tents in their backyard for recreational purposes.
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Chairman Casteen called for the General Services report.
Frank Haltom, Assistant Director of General Services, presented a
resolution authorizing the County Administrator to enter into a contract with
Gately Communications Company for the Board's consideration.
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Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE
WHEREAS, the Federal Communications Commission (FCC) is
mandating all public safety and industrial /business licensees convert existing
25 kHz radio systems to minimum narrowband 12.5 kHz efficiency
technology by January 1, 2013; and
WHEREAS, Gately Communication Company has provided the
hardware and software development and maintenance for the County's Fresh
Water and Waste Water Supervisory Control And Data Acquisition
(SCADA) system and Gately Communications Company is the proprietor of
this software that monitors and controls this system; and
WHEREAS, County staff is seeking a waiver from the FCC to extend
the current deadline to convert the system to meet the new frequency
requirements.
NOW, THEREFORE, BE IT RESOLVED, that the County
Administrator is hereby authorized to execute any and all necessary
agreements with Gately Communications Company for services upon review
and approval of the County Attorney.
BE IT FURTHER RESOLVED, the Board of Supervisors authorizes
County Staff to pursue a waiver request to extend the deadline to complete
the requirements of the mandate.
BE IT FURTHER RESOLVED, that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to fund the requirements of the FCC
mandate.
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 the Economic Development report.
Lisa T. Perry, Director of Economic Development, presented the 2012
Strategic Plan Initiative for Economic Development to the Board.
Chairman Casteen called for the County Administrator's report.
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Donald T. Robertson, Director of Information Resources and
Legislative Affairs, presented a Resolution Designating Isle of Wight County
as a Child Friendly Community for the Board's consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION DESIGNATING ISLE OF WIGHT COUNTY
AS A CHILD FRIENDLY COMMUNITY
WHEREAS, the Board of Supervisors of the County of Isle of Wight
desires to designate the County as a child friendly community; and,
WHEREAS, a child friendly community envisions parents, teachers,
and community stakeholders working together to make a positive difference
in the lives of young children throughout Western Tidewater; and,
WHEREAS, various local, regional and state organizations are working
collaboratively to improve early learning opportunities and promote healthy
lifestyles for children; and,
WHEREAS, public policies that support early learning for all young
children are crucial to their future success; and,
WHEREAS, community and recreational facilities must be designed to
stimulate children's cognitive and values development, health, and well-
being in a variety of ways; and,
WHEREAS, child friendly communities allow children to have the
freedom to explore the world around them in physical, emotional, and
spiritual safety.
NOW THEREFORE BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that Isle of Wight County be
designated as a Child Friendly Community.
The motion was adopted by a vote of (4 -0) with Supervisors Casteen,
Darden, Bailey and Alphin voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Hall absent for the vote.
Michael W. Terry, Director of Budget and Finance, provided
preliminary financial information (unaudited) for the Board's discussion.
Chairman Casteen requested the Director of Budget and Finance to
email the details of the $300,000 and the preliminary and unaudited end of
the June 2012 report containing budget actuals with yellow columns before
the next Board meeting.
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Mr. Robertson was directed to adjust the calendar to reflect that the CIP
Subcommittee will not be a part of the process and that the Board will not
conduct a retreat until January 2013. Supervisor Darden suggested
combining the mid -year review and Board retreat in January.
Mr. Robertson relayed a request from the School Board for a joint
meeting with the Board.
The Board concurred with meeting jointly with the School Board on
Wednesday, November 7, 2012 at The Smithfield Center. The time of the
meeting is to be determined.
County Administrator Caskey presented a request by the
Superintendent of public schools for the waiver of permit and plan review
fees associated with the Georgia T. Tyler Middle School for the Board's
consideration.
Supervisor Darden moved that the request for a waiver be rejected.
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 direction from the Board
regarding the 2013 Priority List.
Supervisor Darden moved that the 2013 Priority List be approved, as
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.
H
H
Chairman Casteen called for Appointments.
No appointments were offered by the Board.
Chairman Casteen called for Old Business.
There was no old business offered for discussion.
Chairman Casteen called for New Business.
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County Attorney Popovich advised the Board regarding a request from
the Western Tidewater Water Authority to adopt a resolution in opposition to
uranium mining due to the threat of potential depositing of uranium in the
water supply.
Supervisor Darden moved to direct County Attorney Popovich to
develop a resolution in opposition to uranium mining for the Board's review
at its October 18, 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.
Mr. Furlo presented a request for the allocation of fiends for Fair
entertainment bookings for next year.
Chairman Casteen moved to contract with entertainment for next year
with the understanding that the total of the budget would not exceed the
County's current share. 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. Furlo presented a request to hire Parks and Recreation personnel
for the Carrsville Before and After Program.
Supervisor Darden moved to authorize staff to advertise and hire part-
time for an after - school staff person. 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 requested direction from the Board
regarding a proposed Seven (7) District Redistricting Plan.
Supervisor Darden moved that the County Attorney be directed to
develop a staff report advising the op -out procedures from the Justice
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.
H
County Attorney Popovich requested a closed meeting pursuant to
Section 2.1 -3711 A.7 of the Code of Virginia regarding consultation with
legal counsel requiring the provision of legal advice pertaining to the
Southeastern Public Service Authority and pursuant to Section 2.1- 3711.A.1
regarding discussion of three (3) personnel matters pertaining to a specific
public official;
Chairman Casteen moved that the Board enter the closed meeting for
the reasons stated by the County Attorney. The motion was adopted by a
17
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 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 Board adopt the following
Resolution:
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.D 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
The Board took no action following the closed meeting.
IN
At 10:50 p.m., Chairman Casteen declared
Carey : lls Storm, Clerk
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t e eeting adjou ned.
Alan E. Casteen, Chairman