01-17-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEEN DAY OF JANUARY IN THE
YEAR TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman, Presiding
Hardy District
Byron B. Bailey, Vice Chairman
Newport District
Rex W. Alphin
Carrsville District
Delores M. Darden
Windsor District
Alan E. Casteen
Smithfield District
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
CALL TO ORDERANVOCATION /PLEDGE OF ALLEGIANCE
The meeting was called to order at 5:00 p.m. by Chairman Hall.
The invocation and the Pledge of Allegiance to the Flag were provided by
Supervisor Bailey.
APPROVAL OF THE AGENDA
Under the Consent Agenda, a Resolution was added in Support of Benn's
United Methodist Church's Request for Retaining a Full Median Break on
Benn's Church Boulevard; under the County Administrator's report, a report
was added regarding a Memorandum of Understanding with Western
Tidewater Community Transportation Collaborative (WTCTC); under the
County Attorney's report, discussion was added regarding the procedure to
be used for continued leasing of County property for hunting purposes;
under the Closed Meeting, three (3) items were added and the Closed
Meeting was moved to immediately following the Special Presentations;
under Old Business, discussion was added regarding budgetary guidance
from the Board; and, under New Business, two (2) items were added.
Supervisor Alphin moved that the agenda be adopted as revised. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
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Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
SPECIAL PRESENTATIONS /APPEARANCES
A dog available for adoption at the County's animal shelter was displayed by
Animal Control staff.
Brandy B. Day, Director of Human Resources, publicly recognized
Benjamin Faltz and W. Douglas Caskey for 25 years of continuous service
with the County; William Blair, Jr. was recognized for 20 years of
continuous service; Julie Boswell, Norma Wilson and Charie Wells were
recognized for 15 years of continues services; Donna Proffitt, Charles
Glassco, Mildred Wuchter, Charlie Edwards, Carlene Young, Richard
Hurdle and Cheryl McClanahan were recognized for ten (10) years of
continuous service; John Gilliam, Paul King, Christine Bruner, Tristian
Barnes, Amanda Pulley, Sherry Jones, Kathy Scarberry, Richard
Sienkiewicz, Andrew Reed, Janet Bleiler, Ericka Bottoms, Joyce Bottoms,
Katherine Stephens, Marvia Woods - Barnes, Sheryl Kellum, Phillip Pollard,
Phillip Grant, James McNew, Evelyn Holloman, Thelma Clarke, Michael
Hargrave, Jerry Doyle, William Byrum, James Pope, William Fordham, Jr.,
Fred Nurney, Douglas Meier, Thomas Damon, Inga Johnson, Alice Jones,
Steven Borst, Nancy Linkous, Sherri Haverty, Nancy Mayo, Clarence
Newsome, Jr., Sharon Crocker, Tracey Neikirk and Lisa Perry were
recognized for five (5) years of continuous service.
Lynn Briggs, Director of Instructional Technology, Isle of Wight County
Schools, introduced Darnelle Carr, Tina Evans and Karen Franklin,
Instructional Technology Resource Teachers with the Isle of Wight County
Schools, who provided a brief presentation on instruction with technology.
Connie Rhodes, Director of the Chamber of Commerce, introduced Diana
Beale, CPA with Beale & Curran PC, who was featured under the Small
Business Close -up segment of the agenda.
CLOSED MEETING
A closed meeting was requested by County Attorney Popovich pursuant to
Section 2.2- 3711.A.7 of the Code of Virginia, concerning consultation with
legal counsel requiring the provision of legal advice pertaining to school roll
over funds; pursuant to Section 2.2- 3711.A.7 concerning consultation with
legal counsel requiring the provision of legal advice pertaining to the
Boykin's Tavern Advisory Committee; and, pursuant to Section 2.2-
3711.A.1 regarding discussion involving a personnel matter.
Supervisor Darden moved to enter the closed meeting for the reasons stated
by 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.
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Supervisor Bailey moved that the Board return to open session. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor 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
There was no action taken following the closed meeting.
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CONSENT AGENDA
A. Compressed Workweek Agreement
B. Statement of the Treasurer's Accountability
C. Monthly Delinquent Tax Collection Report
D. Fiscal Year -13 Monthly Financial Reports for County and Schools
E. December 20, 2012 Special Meeting Minutes
F. December 20, 2012 Regular Meeting Minutes
G. Resolution in Support of Benn's United Methodist Church's Request
for Retaining a Full Median Break on Benn's Church Boulevard
(Added under Approval of the Agenda)
Requests for the removal of Items (A), Compressed Workweek Agreement
and (D), Year 2012 -13 Monthly Financial Reports for County and Schools,
were noted. Supervisor Casteen moved that Items (A) and (D) be removed
and that the remaining items on 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.
Brandy B. Day, Director of Human Resources, defined the purpose of a
compressed workweek and reviewed the definitions, eligibility, guidelines
and program benefits as drafted by staff for implementation of the voluntary
program on a trial basis.
The potential for abuse, increased operating expenses and the safety of
employees was discussed.
The creation of a non - monetary benefit for employees who would be able to
participate in the program, it would keep the County competitive and retain
good employees, as well as the ability to accommodate the public after 5:00
p.m. or before 8:30 a.m. was discussed.
Following a trial period, the Board is to be provided an analysis on the pros
and cons of the program, to include any increase in utility bills.
Supervisor Alphin moved that Item (A), Compressed Workweek Agreement,
be adopted effective January 28, 2013 and that it be monitored and reviewed
by staff following a six (6) month trial period. 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 Casteen moved that Item (D), Year 2012 -13 Monthly Financial
Reports for County and Schools, be revised to include a revenue line item
for State, Federal and Other. 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.
REGIONAL REPORTS
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Supervisor Darden reported the Hampton Roads Planning District
Commission had received a report regarding how Hampton Roads compares
to other regions with respect to unemployment rates and which employment
sectors experienced the most job losses. She advised the largest increase in
jobs has been in leisure and hospitality, health care and social services. She
reported the 2013 Hampton Roads forecast predicts moderate growth in
civilian employment, retail, auto and truck sales with single family
residential building permits expected to rise 5 %.
County Administrator Caskey offered to email the full HRPDC report to full
Board.
Supervisor Darden reported that the Governor's proposed transportation
plan has been reviewed and the Hampton Roads Transportation Planning
Organization has been asked to endorse a referendum placing an additional
$.01 sales tax.
Supervisor Bailey reported that a medical services contract for the Western
Tidewater Jail was discussed and a cost analysis on heat and electric bills is
being considered.
TRANSPORTATION MATTERS
Herb DeGroft of Mills Swamp Road requested a "blind intersection" sign be
installed traveling towards Carrollton Boulevard at the sharp left on
Reynolds Drive.
At 7:00 p.m., Supervisor Bailey moved to amend the regular order of the
agenda to conduct the public hearings. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
PUBLIC HEARING
Lease of Public Property for Agricultural Purposes
County Attorney Popovich certified that the matter has been properly
advertised for public hearing.
Chairman Hall opened the public hearing and called for those to speak in
favor or in opposition to the matter.
No one appeared and spoke and Chairman Hall closed the public hearing.
Supervisor Alphin moved that the lease be approved. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
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Supervisor Alphin 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.
CITIZENS COMMENTS
Herb DeGroft encouraged the Board to use its influence with the Sheriff to
have the School Resource Officers returned to all County school sites and to
take action on the School Board's $934,000 funding request.
Chairman Hall declared a ten - minute break.
COUNTY ATTORNEY REPORT
Responsive to an inquiry from Supervisor Alphin regarding the increased
population of coyotes and whether or not a bounty would be an effective
means of regulating their presence in the County, County Attorney Popovich
advised included in the agenda are comments from localities with past
experience with bounty programs, a report by the United States Department
of Agriculture and a newspaper article on the issue.
Supervisor Bailey moved to postpone the matter until a report from the
Sheriff's office and Animal Control can be provided regarding the disposal
of carcasses, identification of who killed the animal and how the money
would be dispensed. 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 addressed the Board regarding a potential
streamlining process for executing contracts. He explained that currently all
contracts over $50,000 are brought to the Board for consideration and
execution and his recommendation is that the County Administrator execute
all contracts budgeted for through the Operating Budget and only those
contracts that require funding above and beyond budgeted funds come
before the Board for its review and approval. He advised that a report of all
contracts signed by the County Administrator could be placed in the Consent
Agenda for the Board's information.
The consensus of the Board was to keep the existing process at this time.
County Attorney Popovich presented an Intergovernmental Agreement
between the Virginia Department of Agriculture and Consumer Services and
the County for the PACE Program in the amount of $160,715.64 which he
recommends the Board authorize the County Administrator to sign on behalf
of the Board.
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Supervisor Darden moved that the County Administrator be authorized to
execute the Agreement with the Virginia Department of Agriculture and
Consumer Services 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 requested the Board's direction regarding the
length of time it would like for leases for hunt clubs to be from this point
further. He advised that currently such leases are for a one -year period.
Supervisor Alphin moved that moving forward all hunt club leases be for a
term of three (3) years. The motion was adopted by a vote of (5 -0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
County Administrator Caskey presented a request from the Schools for
FY12 Open Purchase Orders.
County Attorney Popovich advised that staff had been notified prior to the
meeting by the Chief Financial Officer of Isle of Wight County Schools and
the School Attorney that the Board table consideration of said request until
the Board's February 21, 2013 meeting.
Supervisor Bailey moved that the matter be tabled until the Board's
February 21, 2013 meeting responsive to the request of the School's CFO
and 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.
County Administrator Caskey presented a request for funding from the
Electoral Board for the purchase of 28 laptop computers for use as
Electronic Poll Books at fourteen (14) precincts in the County. He advised
that approval of the request would result in a budgetary impact to the County
in the amount of $5,306, which would need to be taken out of the County's
Undesignated Fund Balance.
Supervisor Casteen moved that the Electoral Board's request be approved.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Donald T. Robertson, Director of Information Resources and Legislative
Affairs, presented a Resolution to Support House Joint Resolution 548 and
Senate Joint Resolution 267 (Commending Delores Darden on her selection
as the 2012 Monsanto America's Farmers Mom of the Year for the
Southeast Region and her public service and contributions to the agricultural
industry in Virginia) for the Board's consideration.
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Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO SUPPORT HJR 548 AND SJR 267
WHEREAS, House Joint Resolution 548 and Senate Joint Resolution 267
will be considered during the 2013 Virginia General Assembly Session as a
means of commending Delores Darden on her selection as the 2012
Monsanto America's Farmers Mom of the Year for the Southeast Region and
for her public service and contributions to the agricultural industry in
Virginia; and,
WHEREAS, Mrs. Darden is a resident and public servant of the County of
Isle of Wight, Virginia; and,
WHEREAS, Mrs. Darden is a member of the Isle of Wight County Board of
Supervisors; and,
WHEREAS, The Board of Supervisors supports the recognition and
commendation of Mrs. Darden's accomplishments and public service.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia supports
House Joint Resolution 548 and Senator Joint Resolution 267.
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.
Following a briefing by Mr. Robertson regarding legislation under
consideration by the members of the General Assembly, Supervisor Casteen
moved to go on record in opposition to HB No. 1450 and SB No. 824
(Additional 1% sales and use tax in Counties in District). The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Bailey moved to go on record in opposition to HB No. 2164
(Unexpended or unencumbered school and educational funds). The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
Regarding SB No. 81 (Volunteer Fire/EMS Departments; allows localities to
adopt ordinances to directly bill insurance), Supervisor Casteen expressed an
interest in supporting it. Mr. Robertson noted that he would like to
investigate how this proposal differs from the County's current practice.
The Board members noted they would like additional information before
taking official action to support it.
County Attorney Popovich advised that legislation is specifically referring to
emergency automobile accidents only.
Supervisor Casteen moved that the Board go on record in support of SB No.
81 (Volunteer Fire/EMS Departments; allows localities to adopt ordinances
to directly bill insurance). The motion was adopted by a vote of (3-1-1) with
Supervisors Casteen, Darden and Bailey voting in favor of the motion;
Supervisor Hall voting against the motion; and, Supervisor Alphin
abstaining from voting on the motion.
County Administrator Caskey reminded the Board that Mr. Chandler will be
the Board's facilitator at the Board's training retreat on February 6, 2013 to
discuss the budget process. He inquired if the Board wished for staff to
attend the retreat.
It was the consensus of the Board that its training retreat be held on
Wednesday, February 6, 2013 from 3:30 p.m. until 9:00 p.m. in the Jury
Room of the Young -Laine Courts Building.
The Director of Budget and Finance is to have copies of the Board of
Supervisors' 2011 -12 budgets at the Retreat for the Board's review with
respect to cost overruns.
County Administrator Caskey presented a Memorandum of Understanding
with Western Tidewater Community Transportation Collaborative
(WTCTC) to promote the enhanced delivery of transportation services and
expand access and mobility for low- income seniors, persons with disabilities
or might rely on community transportation for the Board's consideration.
He advised that there is no financial commitment on the County's part.
Supervisor Casteen moved that the Memorandum of Understanding be
approved. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
APPOINTMENTS
Supervisor Bailey moved that 011ie S. King be appointed to the Planning
Commission to represent the Newport District. The motion was adopted by
a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Bailey moved, but withdrew his motion, that David Lockhart be
appointed to the Planning Commission to represent the Newport District.
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It was noted that the By -laws for the Planning Commission allow for two (2)
Commissioners for each of the five (5) districts and one (1) at large member,
who is to be rotated amongst the districts. It was further noted that the at-
large position has been retained by the Newport District for a number of
years and in the interest of fairness this position should once again be rotated
amongst all districts or be removed from the by -laws.
The County Attorney is to draft a set of proposed by -laws eliminating the
Planning Commission At -large member for consideration at the Board's
February 21, 2013.
Supervisor Casteen moved that Lars Gordon be appointed to represent the
Smithfield District on the Planning Commission Development Review
Committee. 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 Don Rosie be appointed to represent the
Carrsville District on the Planning Commission Development Review
Committee. 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.
OLD BUSINESS
Chairman Hall selected the following Board members to serve on the
following regional organizations:
Chamber of Commerce
Supervisor Casteen (Liaison/Ex- Officio)
Coalition of High Growth Communities
Chairman Hall and Supervisor Casteen
Franklin Intergovernmental Relations Committee
Supervisors Alphin and Darden
Hampton Roads Economic Development Alliance
Chairman Hall
Hampton Roads Military and Federal Facilities Alliance
Supervisor Darden
Hampton Roads Partnership
Chairman Hall
Joint Tourism Committee
Chairman Hall and Supervisor Darden
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Mayors and Chairs Caucus
Chairman Hall
Smithfield Intergovernmental Relations Committee
Chairman Hall and Supervisors Casteen and Darden
Social Services Board
Supervisor Casteen
South Hampton Roads Resource Conservation and Development Council
Supervisor Alphin
Southside Mayors and Chairs
Chairman Hall
Western Tidewater Regional Jail Authority_
Chairman Hall and Supervisor Bailey
Windsor Intergovernmental Relations Committee
Supervisors Alphin and Darden
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Chairman Hall selected the following Board members to serve on the
following Boards and Committees:
Budget & Finance /CIP Parks and Recreation
Rex W. Alphin Buzz Bailey
JoAnn W. Hall Rex W. Alphin
Building, Grounds and Transportation Personnel
Al Casteen Delores C. Darden
Buzz Bailey JoAnn W. Hall
Solid Waste/Recycling Schools
Rex W. Alphin Rex W. Alphin
Delores C. Darden Delores C. Darden
Economic Development/Intermodal Law Enforcement
Rex W. Alphin Al Casteen
Delores C. Darden Buzz Bailey
Chairman Hall further requested the Board members serve on the following:
Comprehensive Services Act Policy and Management Team
Supervisor Casteen
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Isle of Wight Commission on Agin
Supervisor Bailey
Isle of Wight Fair Committee
Supervisor Alphin
Isle of Wight Fire and Rescue Association
Supervisor Alphin
Small Business Committee
Supervisor Casteen
(All other Boards and Committees where Board members serve appointed
terms will remain unchanged).
County Administrator Caskey requested budgetary guidance from the Board
as to what it wishes for him to communicate to staff.
Supervisor Bailey moved that staff s budgets be presented to the Board
containing a 5% decrease. 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.
Staff is to provide clarification on fiscal impacts associated with a 5%
decrease on their respective budgets.
NEW BUSINESS
Regarding needed repairs to the Carrollton Volunteer Fire Department,
Supervisor Bailey moved that Mr. Wrightson be directed to contact that
organization and address needed repairs, such as water coming in the roof
over the EMS room and loose handrails at the steps). 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 to direct staff to review the County's current
ordinances with respect to the greenhouse industry so that changes, if
needed, can be made in order to be more accommodating for that type of
business in the future. 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.
ADJOURNMENT
At 8:45 p.m., Chairman Hall moved that the Board adjourn its meeting. The
motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey,
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Hall, Alphin and Casteen voting in favor of the motion and no Supervisors
voting against the motion.
LMA-F, - - - I - I I UfA' -j JyMIL-i
Carey I ills STorrm, Clerk
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