Loading...
11-15-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTHTEETH DAY OF NOVEMBER 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 Hall delivered the invocation. The Pledge of Allegiance was conducted. Chairman Casteen called for Approval of the Agenda. There being no revisions to the agenda, Supervisor Alphin moved that the agenda be adopted 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. // Chairman Casteen called for Special Presentations /Appearances. Animal Control staff showed a dog currently available for adoption at the County's animal shelter. Chairman Casteen called for the Small Business Close -up segment. Jim Abicht, owner, provided a brief history of The Christmas Store in Smithfield. James Phillips, KPMG, advised that the County's financial audit is not yet complete for the year ended June 30, 2012; however, it will be complete by the State's filing deadline of November 30, 2012. Supervisor Darden requested the audit report be sent to the Board by December 1, 2012 and that KPMG staff be present at the Board's December 20, 2012 meeting to brief the Board regarding the results of the audit. Supervisor Bailey moved that staff be authorized to submit the report by November 30, 2012 pending the issuance of the KPMG audit opinion. 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. Brian Obal, Wells Fargo Insurance Services, briefed the Board regarding services provided under the County's health insurance program. Responsive to Supervisor Alphin's inquiry, Chairman Casteen requested Mr. Obal to forward information to the Board regarding the percentage paid by the County towards the cost of the health insurance premium for its employees. Dr. Paul Conco, President, Paul D. Camp Community College, briefed the Board regarding the College's initiatives. Charlie Broadwater, Treasurer and Board of Directors' member, Western Tidewater Free Clinic, expressed the Clinic's appreciation for the County's past financial support. He advised that in 2011, the Clinic saw 298 County patients who made 2,481 visits to the Clinic. He advised that County patients have received $2.2 million in free medications and he advised the Board regarding a new dental program being offered for those in need of partial and full dentures. Chairman Casteen called for consideration of the Consent Agenda. A. Funding for Wastewater Treatment Upgrades B. Notice of Proposed State Regulatory Action — General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4's) C. Aerial Photography Program D. Fiscal Year 2012 -13 Monthly Financial Reports for County and Schools E. Update on the Brewer's Neck Boulevard Corridor Study F. September 20, 2012 Regular Meeting Minutes 2 G. September 25, 2012 Joint Meeting Minutes H. October 18, 2012 Special Meeting Minutes I. October 18, 2012 Regular Meeting Minutes Chairman Casteen moved that the Consent Agenda be adopted 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 Chairman Casteen called for Regional Reports. Supervisor Hall reported that she had attended the first meeting of the 2013 Leadership class, sponsored by the Chamber of Commerce. County Administrator Caskey reported that the Hampton Roads Transportation Planning Organization has received an update from VDOT on the Route 460 Corridor project. He advised that contract negotiations revealed a reduction in project cost from $2.2 billion to $1.39 billion. He further advised that VDOT officials had outlined the process by which the Easy Pass tolls would be handled and design and right -of -way acquisitions will continue into the next year. He advised that improvements and widening of Interstate 64 from Richmond to Hampton was also discussed. He stated staff is also reviewing highway designations for functional class systems relative to Federal funding. Supervisor Darden advised that the next Route 460 Community Meeting is on Thursday, November 29, 2012 at the Windsor High School at 6:00 p.m. County Administrator Caskey reported that revisions to the Hampton Roads Planning District Commission's legislative agenda were discussed and that staff had presented revisions to stormwater regulatory and permitting procedures anticipated to impact the County. Chairman Casteen advised that Social Services Board members will be serving an appreciation breakfast to its staff on Tuesday, November 20, 2012. County Administrator Caskey reported that the Southeastern Public Service Authority will receive a presentation on its audit at its December meeting. Supervisor Hall advised that she had attended an informational session on the Virginia Retirement System Pension Plan at VACo's annual meeting. 3 County Administrator Caskey advised that he had attended an informational session at the VACo Annual Conference in which the Secretary of Finance for the State had presented a bleak financial picture of future State revenues versus expenditures. He advised that he had also attended a Virginia Retirement System informational session regarding future impacts to localities. He called the Board's attention to informational items placed at the Board's seats pertaining to Local Government Day in Richmond, the Virginia County Board Chairpersons' Institute, a 2013 calendar of VACo events; and, a sign -up form for serving on VACo subcommittees. Chairman Casteen called for Transportation Matters. Eddie P. Wrightson, Director of General Services, briefed the Board regarding the Benn's Church intersection configuration which was discussed at a meeting held Tuesday, November 13, 2012 by staff. // Chairman Casteen called for Citizens Comments. Elliott Cohen, owner of Carrollton Cove Shops, notified the Board of his receipt of a bill from the County in the amount of $1,360 to pump grease and fats out of the pump station adjacent to his property which is jointly shared with Ashby Subdivision residents. He further notified the Board that there is no method by which such bills can be disputed. He advised that his bill has been sent to the Treasurer's Office for collections. Albert Burckard of Carrollton distributed copies of a resolution adopted by the Carrollton Civic League in support of the five (5) district plan currently adopted by the Board. He recommended putting on hold any effort to opt out of preclearance for at least a year. Gina Ippolito of Smithfield addressed the Board regarding $40,000 for the Nike Park Skate Park which has not been included in this year's Capital Improvements Plan. Carita Richardson, Windsor Mayor, requested the Board to appoint a committee of two (2) of its members to solicit the assistance of the Lt. Governor, Secretary of Commerce and the Governor in attracting businesses and industries to locate in the County. // Chairman Casteen called for comments from the Board. 4 Chairman Casteen announced that there will be a pancake breakfast at the Smithfield Volunteer Fire Department on Saturday, November 17, 2012 from 7:00 a.m. until 11:00 a.m. Supervisor Hall announced that the Board's Emergency Services Task Force had held its first meeting with the Volunteer Fire and Rescue Association. She advised that the Task Force intends to begin meeting monthly. Chairman Casteen called for the County Attorney's report. County Attorney Popovich presented an Exclusive Right to Sell Agreement between the County and Divaris Real Estate, Inc. granting them the exclusive right to sell designated County property on the County's behalf which he recommends the County Administrator be authorized to execute on behalf of the County. Supervisor Bailey moved that the County Administrator be authorized to execute the Exclusive Right to Sell Agreement on behalf of the 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. County Attorney Popovich presented a proposed Lease Agreement between the County and the Isle of Wight Christian Outreach Program to lease the old Health Department building located at 402 Grace Street for the Board's consideration. Supervisor Hall moved that the County Attorney's office be authorized to conduct a public hearing at the Board's December 20, 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 an offer to buy County owned real property on Great Springs Road from Hope Presbyterian Church for the Board's consideration. Supervisor Alphin moved that the County Attorney's office be authorized to conduct a public hearing at the Board's December 20, 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 Second Franchise Extension Agreement between the County and BFI Waste Services, LLC for residential 1 trash pickup which he recommends the Board authorize the Chairman to execute the Agreement on behalf of the Board. Supervisor Darden moved that the County Administrator be authorized to execute the Second Franchise Agreement on behalf of the 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. County Attorney Popovich presented a resolution to effectuate a public hearing for a request for property tax exemption from Community Harvest Outreach, Inc. in accordance with the County's procedural guidelines for property tax exemption. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE A PUBLIC HEARING TO CONSIDER THE TAX EXEMPTION REQUEST MADE BY COMMUNITY HARVEST OUTREACH, INC. WHEREAS, in accordance with the provisions of Section 58.1 -3651 of the Code of Virginia (1950, as amended), the Isle of Wight County Board of Supervisors has adopted procedural guidelines for property tax exemption requests that would allow the Board of Supervisors to grant tax exemption status to organizations formally requesting such designation in accordance with the provisions of the guidelines and the Code of Virginia; and WHEREAS, Community Harvest Outreach, Inc., submitted the necessary application and materials to the Commissioner of the Revenue on November 5, 2012. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that a public hearing shall be held on December 20, 2012 for the purpose of considering the application of Community Harvest Outreach, Inc.'s request for tax exempt status and the adoption of the necessary ordinance to effectuate such a status designation. 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 proposed revision to the County's Personnel Policy Manual under Chapter 7, Article III, Section 3.6, concerning compensation of employees during locally declared emergencies for the Board's consideration. Supervisor Darden moved that the changes be adopted that are identified in the County Personnel Policy Manual under Chapter 7, Article III, Section 3.6. 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 proposed new Article to the County's Personnel Policy Manual regarding economic development assistance to the Industrial Development Authority (IDA) under Chapter 7, Article VII, Section 7.0 which he recommends the Board adopt. Supervisor Bailey moved that the new Article VII, Chapter 7, Section 7.0 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 Attorney Popovich advised the Board that Chairman Casteen had spoken with him regarding Section 11 -8 of the Isle of Wight County Code which requires an individual who sells his vehicle and purchases a new one at the same time, to pay a license tax of $20 notwithstanding that individual's payment of the $20 license tax on the sold vehicle within the same year. He advised that anticipated revenue for FY2012 is approximately $60,000 under the current provision. He further advised that the County's current system is not capable of prorating fees and an additional software upgrade would be necessary. The Board concurred with leaving the policy as it is currently written due to the amount of revenue it produces. County Attorney Popovich, responsive to Supervisor Darden's direction at the Board's October 18, 2012 meeting, advised that he has explored what obligations the County would incur in seeking outside counsel assistance with respect to the County opting out of the preclearance process. He advised that J. Gerald Hebert, Esquire, whose legal services are focused on the Voting Rights Act and who has been successful in obtaining a bail out from the Voting Rights Act preclearance requirement for all nine (9) of the local governments in Virginia, has offered his services for a cost up to $4,500. Supervisor Darden moved that County Attorney Popovich be authorized to secure Mr. Hebert's services up to $4,500. 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 included in the agenda is a memorandum setting forth the statutory framework by which the County is authorized to accept cash proffers and how such proffers may be expended. He noted that the memorandum is being included as a reference as the VA County moves forward with its review of the Capital Improvement Plan and the upcoming fiscal year budget. County Attorney Popovich advised that he had three (3) matters to discuss with the Board later during the closed meeting. H H Chairman Casteen declared a recess. At 7:00 p.m., the Board returned to open session. Chairman Casteen called for a public hearing on the following: The application of Ronald L. Dashiell, owner, for an after - the -fact exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4001 (A) 2. to allow encroachment reaching approximately 45 feet into the 100 -foot Resource Protection Area (RPA) Buffer to allow expansion of the existing Bridges restaurant kitchen, and construction of other additions to the restaurant structure, all over existing impervious area. The 4.3 acre parcel is located on Carrollton Boulevard (Route 17) in the Newport Election District. Kim Hummel, Environmental Planner, presented the application. Ronald L. Dashiell, owner, recognized the cooperative efforts of staff and offered to answer any questions the Board might have with respect to the application. Albert Burckard credited the applicants with being good neighbors and urged the Board to approve the application. Supervisor Bailey moved that the application be approved as conditioned. 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 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. H Chairman Casteen called for the Community Development report. Conditional Use Permit 04 -11 to allow for a Salvage Service on 0.11 acre of land located at 7211 Fire Tower Road in the Carrsville Election District for Mr. Robert Johnson. Richard Rudnicki, Planner, advised that Mr. Johnson has contacted staff since the inclusion of this item in the agenda and Mr. Johnson has been given ninety (90) days to make progress on his violation. He stated if sufficient progress does not occur, staff will bring this matter back to the Board for action. H Chairman Casteen called for the Parks and Recreation report. Mark Furlo, Director of Parks and Recreation, presented a Resolution to Accept and Appropriate Funds from Isle of Wight Amateur Athletics in association with the skate park renovation project for the Board's consideration. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM ISLE OF WIGHT AMATEUR ATHLETICS WHEREAS, Isle of Wight Amateur Athletics has agreed to donate one hundred and fifty thousand dollars ($150,000) for the purpose of renovating the Nike Park Skate Park; and, WHEREAS, the amount of one hundred and fifty thousand dollars ($150,000) shall be received from the Isle of Wight Amateur Athletics needs to be accepted and appropriated. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that grant funds in the amount of one hundred and fifty thousand dollars ($150,000) shall received from Isle of Wight Amateur Athletics be appropriated to the Nike Park Skate Park project. 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. 9 Mr. Furlo presented a Resolution to Accept and Appropriate Funds from the Virginia Department of Conservation and Recreation Land and Water Conservation Fund for the skate park project for the Board's consideration Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION LAND AND WATER CONSERVATION FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized submission of an application for funding from the Virginia Department of Recreation and Conservation Land and Water Conservation Fund; and, WHEREAS, the amount of one hundred thousand dollars ($100,000) received from the Virginia Department of Conservation and Recreation needs to be accepted and appropriated. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that grant funds in the amount of one hundred thousand dollars ($100,000) received from the Virginia Department of Conservation and Recreation be appropriated to the Nike Park Skate Park Project. 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. Furlo requested authorization to establish and set up a Special Revenue Account for the Friends of Nike Park Skate Park group in order to raise funds for special projects. He stated any unspent funds at the end of the fiscal year will be requested to be rolled over into the next year. Supervisor Bailey moved that the establishment of a special revenue account be approved for the purpose of the Friends of Nike Park Skate Park to raise funds for special projects at the Nike Park Skate Park. 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. 10 Mr. Furlo requested authorization to hire two (2) part-time Site Supervisors' seasonal positions within the Department of Parks and Recreation for the basketball program. Supervisor Darden moved that the Director of Parks and Recreation be authorized to advertise and hire two (2) Site Supervisor positions. 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. Responsive to comments offered by Ms. Ippolito earlier under Citizens Comments, Mr. Furlo advised that $40,000 for the Nike Park Skate Park had been rolled over to the next fiscal year Capital Improvements Program. He stated the design portion could start, but would have to hold off on construction until the $40,000 could be included in the next fiscal year, assuming the $40,000 is approved by the Board. He stated staff could be ready to put the project out to bid in March of 2013, but if we have to wait for the funds until July, the project could be delayed by four (4) months. H Chairman Casteen called for the General Services report. Eddie P. Wrightson, Director of General Services, requested authorization to expend funds in the FY2012 -13 Capital Budget for the following projects: $160,000 for replacement of the Knuckle Boom truck; $35,000 for recycling compactor at the Wrenn's Mill Convenience Center; $600,000 for building renovations to accommodate the Health Department in the former Sentara Building; $35,000 for design services for Phase 1 of the Social Services heating, ventilation and air conditioning system replacement; $300,000 for Total Maximum Daily Load mandate compliance; $75,000 for the repair of failing County maintained drainage infrastructure; $200,000 to comply with the Sanitary Sewer Consent Order; $2,100,000 for fixed capacity charges; $600,000 for the Norfolk water contract; $200,000 for the Western Branch Pump Station; and, $2,000,000 for the western branch pipeline related to the Western Tidewater Water Authority. Chairman Casteen moved that the expenditure of capital funds for the identified projects be authorized subject to the approval of the Capital Budget. 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 authorization to fill the vacant Maintenance Worker II position within the Buildings Maintenance Division of the General Services Department. 11 Supervisor Darden moved that staff be authorized to fill the vacant Maintenance Worker II position effective December 3, 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. H Chairman Casteen called for the Emergency Services report. Rusty Chase, Chief of Emergency Services, presented a Resolution to Terminate the Declaration of a Local Emergency, made Necessary by Hurricane Sandy, Declared by the Director of Emergency Management of Isle of Wight County, Virginia on October 26, 2012 for the Board's adoption. Supervisor Alphin moved that the following Resolution be adopted: A RESOLUTION TO TERMINATE THE DECLARATION OF A LOCAL EMERGENCY, MADE NECESSARY BY HURRICANE SANDY, DECLARED BY THE DIRECTOR OF EMERGENCY MANAGEMENT OF ISLE OF WIGHT COUNTY, VIRGINIA ON OCTOBER 26, 2012 WHEREAS, Section 44- 146.21 of the Code of Virginia (1950, as amended) prescribes necessary actions precedent to a declaration of a local emergency; and WHEREAS, pursuant to Section 44- 1146.21 of the Code of Virginia (1950, as amended), the local Director of Emergency Management, acting with the consent of the governing body, the Isle of Wight County Board of Supervisors (the "Board "), declared an emergency and that such declaration was confirmed by the Board at a meeting within fourteen days of the emergency declaration, as required by law; and WHEREAS, the Board of Supervisors is satisfied that all emergency actions have been taken to remedy real and substantial threats to health and safety of persons and property in Isle of Wight County, Virginia, posed by Hurricane Sandy, which necessitated a declaration of local emergency. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia: 1. That it hereby terminates the Declaration of Local Emergency made effective October 26, 2012 at 10:00 a.m.., Eastern Standard Time (EST), by the Isle of Wight County Director of Emergency Management and confirmed by the Board of Supervisors on November 7, 2012; and such declaration shall be effective at 11:59 p.m., Eastern Standard Time (EST), on November 15, 2012. 12 2. That it understands and confirms that the Declaration of Local Emergency empowered the Director of Emergency Management with special authority and duties; said authority and duties being defined by the laws, rules, regulations and plans of the United States of America, the Commonwealth of Virginia and Isle of Wight 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. Responsive to Supervisor Hall, Mr. Chase advised the Board of the need to expand his roster of part-time staff on an as- needed basis. Supervisor Alphin moved to authorize the Chief of Emergency Services to hire appropriate part-time staff as needed to expand his roster of part-time staff as needed. 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 County Administrator's report. Donald T. Robertson, Director of Information Resources and Legislative Affairs, responsive to a public hearing being held on the County's Capital Budget at the Board's October 18, 2012 meeting, presented a Resolution to Approve the FY2012 -13 Capital Budget for the Board's consideration. Chairman Casteen moved to adopt the following Resolution with a change in funding to reflect $50,000 be funded from the General Fund Balance; $250,000 be funded from the Donations /Grants and Other; and, $9,705,000 from bonds: RESOLUTION TO APPROVE THE FY2012 -13 CAPITAL BUDGET WHEREAS, a balanced Capital Budget for FY2012 -13 has been presented to the Board of Supervisors of the County of Isle of Wight; and, WHEREAS, said Capital Budget identifies expenditures for necessary infrastructure and equipment in the amount of $10,005,000. WHEREAS, a public hearing was held on October 18, 2012. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the Capital Budget for FY2012 -13 is adopted in the amount of $10,005,000. 13 The motion was adopted by a vote of (5 -0) with Supervisors Casteen, D6arden, 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, presented a Resolution to Appropriate Funds from the Unassigned and Assigned Fund Balance for the Completion of Various Carryover Operating and Capital Projects for the Board's consideration. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNASSIGNED AND ASSIGNED FUND BALANCE FOR THE COMPLETION OF VARIOUS CARRYOVER OPERATING AND CAPITAL PROJECTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia in its 2011 -12 appropriation resolution, appropriated funds for certain operating, special revenue and capital projects which have not been completed and; WHEREAS, these funds have been set aside by the Board of Supervisors to ensure completion of such program functions and projects and; WHEREAS, the Board of Supervisors deems it necessary to carryover these funds appropriated in Fiscal Year 2011 -12 to make certain that appropriated funds are available to complete said purpose for which these funds were appropriated; NOW THEREFORE BE IT RESOLVED that the following sums of money appropriated for Fiscal Year 2011 -12 and remaining unspent, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the County of Isle of Wight, Virginia are hereby appropriated to carryover for the completion of certain operating, special revenue, and capital projects: General Fund $ 14,934.89 Forfeited Assets $ 305.94 Capital Projects (including Public Utilities) $ 9,095,067.46 Total $ 9,113,608.29 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. 14 Mr. Terry presented a Resolution to Accept and Appropriate Funds from the Federal and State Governments and Private Organizations for Carryover Grant Programs for the Board's consideration. Supervisor Alphin moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE FEDERAL & STATE GOVERNMENTS AND PRIVATE ORGANZATIONS FOR CARRYOVER GRANT PROGRAMS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received grant funding for various grant programs; and, WHEREAS, the following grant funds in the amount of five hundred twenty -four thousand two dollars and sixteen cents ($524,002.16) be appropriated for carryover and used for the purpose appropriated to the Fiscal Year 2011 -12 General Operating and Capital Budget of the County of Isle of Wight, Virginia: NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the amount of five hundred twenty -four thousand two dollars and sixteen cents ($524,002.16) be appropriated for carryover and used for the purpose appropriated to the Fiscal Year 2011 -12 General Operating and Capital Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments 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. Mr. Terry presented a request to resubmit a Fiscal Year 2013 Fiscal Certification Amendment to the Virginia Department of Agriculture and Consumer Services (VDACS) for the purchase of Development Rights (PACE) Program for the Board's consideration. Chairman Casteen moved that the County be authorized to resubmit a completed amended Fiscal Certification Form as communicated by the Virginia Department of Agriculture and Consumer Services Coordinator. 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 Supervisor Alphin communicated a request of the Carrsville Volunteer Fire Department for the County's 20% participation responsive to the approval of a grant for a Medic for that Department. Supervisor Alphin moved to appropriate $36,000 from the Unassigned Fund Balance for the County's 20% share of the Medic for the Carrsville fire and rescue. 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 addressed the issue of the Virginia Association of Counties Risk Management Program (VACORP) Line of Duty Act (LODA) Trust membership document, created responsive to the 2012 Appropriations Act, which authorizes trust funds to finance the cost of LODA claims. Supervisor Bailey moved that the Line of Duty Act (LODA) Trust Membership document be adopted and the County Administrator be authorized to sign it on behalf of the 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. // Chairman Casteen called for Appointments. There were no appointments offered for consideration. // Chairman Casteen called for Old Business. There were no old business matters offered for discussion. // Chairman Casteen called for New Business. There were no new business matters offered for discussion. County Attorney Popovich requested a closed meeting pursuant to Section 2.2 -371 LA.7 of the Code of Virginia concerning consultation with legal counsel requiring the provision of legal advice pertaining to a variance application with the Board of Zoning Appeals; pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to Johnson Health & Associates; and, pursuant to 16 Section 2.2- 3711.A.7 concerning consultation with legal counsel pertaining to the provision of legal advice pertaining to actual litigation. Chairman Casteen moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich. Supervisor Alphin moved that the Board return to open session. 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 0 II.wll ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Darden moved that the Chairman be authorized to execute the settlement agreement 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. H 17 At 7:50 p.m., Chairman Casteen declared the meeting adjourned. 0 A I I Carey Mills Storm, Clerk W Alan . Casteen, Chairman