02-21-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY -FIRST DAY OF FEBRUARY 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, Hardy District, Chairman
Byron B. Bailey, Newport District, Vice Chairman
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 who
delivered the invocation and the Pledge of Allegiance to the Flag.
APPROVAL OF THE AGENDA
County Attorney Popovich offered the following revisions to the agenda:
Under the General Services report, add a request for immediate authorization
to advertise for an Erosion & Sediment Control Inspector position; under
New Business, add discussion regarding Verizon service in the Smithfield
area; and, under the Closed Meeting, add two (2) items.
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,
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. The new Animal Control Chief, Larry Wilson, was
formally introduced by Sheriff Marshall.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE AND CONGRATULATE DAVIS KIRK
RING FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Davis Kirk Ring is a member of Boy Scouts of America, Troop
#1 and a resident of Isle of Wight County; and,
1
WHEREAS, Mr. Ring has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and congratulate
Mr. Ring for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that Davis Kirk
Ring is recognized and congratulated for achieving the rank of Eagle Scout.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE
EFFORTS OF Sharon O'Berry
WHEREAS, Sharon O'Berry has served the community with dedicated service to
the Isle of Wight County Fair for nineteen years; and,
WHEREAS, during this time has performed a variety of roles including Heritage
Crafts Chairman, Commercial Crafters Chairman, and holding the position of
Secretary of the Fair Committee.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude
and recognition of the dedicated service and leadership of Mrs. O'Berry.
BE IT FURTHER RESOLVED that the words of this resolution be formally
spread upon the minutes of the Board of Supervisors.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO RECOGNIZE THE COMMUNITY SERVICE
EFFORTS OF DAVID SAWYRE
WHEREAS, David Sawyer has served the community with dedicated service to e
Isle of Wight County Fair for nineteen years; and,
WHEREAS, during this time has performed a variety of roles including Fair
Photographer, Special Programs Chairman, Car Show Chairman, and holding the
position of Fair Chairman 2008 -2010 and Second Vice Chairman 2011 -2012.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude
and recognition of the dedicated service and leadership of Mr. Sawyer.
2
BE IT FURTHER RESOLVED that the words of this resolution be formally
spread upon the minutes of the Board of Supervisors.
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.
Mike Stephens, Chairman of the Fair Committee and Diane Keyt, Fair
Coordinator, reported on the award to the County for "Best Large Fair
Overall Marketing Effort in 2012."
Debbie Samuel, Principal, Westside Elementary School, briefed the Board
regarding Westside Elementary School's theme, "Rigor, Relevance, and
Relationships ". Elizabeth Reynolds and Fred Eng, Assistant Principals,
Westside Elementary School, assisted with the presentation.
CONSENT AGENDA
A. Animal Health Fee
Resolution to Authorize the Establishment of an Animal Health and
Wellness Fee
B. Local Revenue Sources
C. Blackwater River Property /Army Corp of Engineers' Request
D. Delinquent Real Estate Tax Collection Monthly Report
E. Statement of Treasurer's Accountability
F. January 3, 2013 Regular Meeting Minutes
G. January 17, 2013 Regular Meeting Minutes
Supervisor Alphin moved that Item (B), Local Revenue Sources, be removed
from the Consent Agenda for further discussion and the remaining items be
adopted. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
County Administrator Caskey disseminated follow -up information
summarizing Item (B), Local Revenue Sources.
REGIONAL REPORTS
Supervisor Darden reported that the Hampton Roads Planning District
Commission had discussed long -term strategic planning and strengths and
3
weakness of sequestration at its Retreat. She advised that the creation of a
Mega - Metropolitan Statistical Area from Richmond to the oceanfront is
being considered by the Commission.
Supervisor Bailey reported that the Jail Authority had discussed increased
medical costs and gas bills, a kitchen renovation, a six -year vehicle rotation
policy and its proposed budget which contains an increase for localities.
Supervisor Casteen reported that the Social Services Board had discussed its
proposed budget at its most recent meeting.
Supervisor Alphin reported that he had taken a tour of the fluff mill which
has produced a product demand that is growing at mill capacity each year.
Chairman Hall reported that the Hampton Roads Mayors and Chairs Caucus
had received a presentation on the Virginia Steam Academy, a public /private
endeavor boarding school proposed at Fort Monroe. She requested staff to
arrange a presentation on that endeavor following the budget process.
Chairman Hall reported that the Southside Mayors and Chairs had attended a
conference call from the Governor's office updating them on transportation
issues. She advised that a presentation on a regional substance abuse
program was also provided.
TRANSPORTATION MATTERS
Jamie Oliver, Transportation Planner, reported on the recent meeting
conducted by VDOT on the Route 258/620 intersection improvements. She
advised that plans for the project are currently available for review in her
office and that VDOT representatives had spoken to several of the affected
property owners at the public hearing.
Responsive to Supervisor Darden's comments regarding fair compensation to
affected landowners, Ms. Oliver advised that VDOT is required to follow the
State Procurement Act for all right -of -way acquisitions and she offered to
facilitate additional conversations with those property owners although this is
a VDOT and not a County project.
CITIZENS COMMENTS
Marie Keesee, 20500 Campbells Chapel Drive, in regards to Item (C) Public
Utility Service /Campbells Chapel Drive, under the General Services
Department, advised that she does not wish to hook up to sewer.
Michael Uzzle of 9471 Central Hill Road distributed a list of questions to the
Board and requested that he be provided a written response.
Rosa Turner, 4820 Old Stage Highway, on behalf of the Rushmere
Community Development Corporation, notified the Board regarding a fire
0
that destroyed the Debnam family home in the Rushmere community. She
requested all County permit fees associated with the building of another
home for that family be waived by the Board.
BOARD COMMENTS
Supervisor Casteen advised that he had attended the Smithfield Volunteer
Fire Department and Isle of Wight Volunteer Rescue Squad's banquet. He
publicly commended the 73 of 90 Rescue Squad members who have met the
full requirements of membership by serving at least 24 hours per month for
the year. He advised that the Town of Smithfield has offered to waive
$89,000 in fees associated with the construction of the new rescue squad
facility.
COUNTY ATTORNEY REPORT
Pursuant to the Board's direction at its January 17, 2013 meeting, County
Attorney Popovich presented a resolution for the Board's consideration to
solicit the assistance of hunt clubs to reduce the local coyote population.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO SOLICIT THE ASSISTANCE OF HUNT CLUBS TO
REDUCE THE LOCAL COYOTE POPULATION
WHEREAS, coyotes in Virginia are considered to be a nuisance species; and,
WHEREAS, the coyote population in Isle of Wight County appears to be
growing in recent years; and,
WHEREAS, the Board of Supervisors is concerned about the potential
negative impacts coyotes pose to livestock farmers, property owners, and
small pet owners; and,
WHEREAS, in the Commonwealth of Virginia, the hunting season for
coyotes is a continuous open season with no kill permits required.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight, Virginia solicits the
assistance of local hunt clubs in reducing the population of coyotes in Isle of
Wight County in accordance with all federal and State hunting regulations, as
may be applicable.
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 his
recommendation to exercise the County's eminent domain authority in its
W
attempt to secure 100% ownership of certain property at Tyler's Beach. He
advised that he has been unsuccessful in locating the one (1) remaining heir
and he is requesting authorization to advertise this matter for public hearing.
Supervisor Bailey moved that the County Attorney's office be authorized to
advertise a public hearing on the initiation of condemnation action at the
Board's March 21, 2013 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 briefed the Board on the Planning Commission's
creation in 1966 and original membership which consisted of four (4)
members each from the Hardy and Windsor and five (5) from the Newport
Districts and one Ex- Officio member. He advised in 1970, its membership
was reduced to 11 members, which consisted of three (3) from the Hardy and
Windsor Districts and five (5) from the Newport District and the County
Administrator, who acted as the Ex- Officio member. He stated included in
the Board's agenda are revised By -laws eliminating the At -large member and
an accompanying resolution for adoption.
Following discussion by the Board that the ultimate decision to approve or
deny an application rests with the Board of Supervisors, Supervisor Alphin
moved to adopt a Resolution to Reduce the Membership of the Isle of Wight
County, Virginia Planning Commission (reducing the members from 11 to 10
with two (2) members from each election 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.
County Attorney Popovich presented a Household Hazardous Waste
Environmental Services Agreement between the County and Ecoflo, Inc. for
the Board's consideration.
Supervisor Bailey moved that the Chairman be authorized to execute the
Agreement between the County and Ecoflo, Inc. 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 authorization to sign a tax refund for
Eagle Harbor Apartments in the amount of $6,487.
Supervisor Darden moved that the County Attorney be authorized to sign the
request approving the tax refund. 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 authorization to sign a tax refund for
Holland Meadows in the amount of $5,118.75.
6
Supervisor Casteen moved that the County Attorney be authorized to sign the
request approving the tax refund. 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 authorization to sign a tax refund for
Alpha Hospitality in the amount of 2,576.93.
Supervisor Alphin moved that the County Attorney be authorized to sign the
request approving the tax refund. 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 agreement with Howard Brothers
Contractor, Inc. for the provision of construction services to complete the
Rural Rustic Roads projects.
Supervisor Darden moved that the Chairman be authorized on behalf of the
Board to execute the Agreement with Howard Brothers Contractor, Inc. 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 Indefinite Engineering Services
Agreement with WW Associates, Inc. for the provision of engineering
services for the Board's consideration.
Supervisor Casteen moved that the Chairman be authorized to execute the
Agreement on behalf of the Board with WW Associates, Inc. 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 with respect to
the Boykin's Tavern Advisory Committee.
Chairman Hall moved that the matter be postponed until she and the County
Attorney have had an opportunity to attend a meeting of the Boykin's Tavern
Advisory 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.
County Attorney Popovich advised that he had two (2) matters to discuss
with the Board later during the closed meeting.
COMMUNITY DEVELOPMENT
Richard Rudnicki, Planner, II, presented a Conditional Use Permit 04 -11 to
allow for a salvage service on 0.11 acre of land located at 7211 Fire Tower
h
Road in the Carrsville Election District for Mr. Robert Johnson. He advised
that when the CUP was originally approved, five (5) conditions were
attached, three (3) of which address the fencing of the property and which
have not yet been addressed. He advised that staff's and the Planning
Commission's recommendation is for the Board to initiate the revocation
process.
Supervisor Alphin moved that the revocation process be initiated for the
CUP -04 -11 for a salvage service of Robert Johnson. 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. Rudnicki updated the Board regarding the Route 460 Corridor Master
Plan. He notified the Board that staff will be conducting a second public
meeting on Tuesday, March 19th from 6 -8 p.m. at the Windsor High School
cafeteria where certain land use scenarios will be shown based on feedback
received at the first public meeting.
PARKS AND RECREATION REPORT
Mark W. Furlo, Director of Parks and Recreation, advised the Board that the
environmental study performed by ECS Mid - Atlantic on the Black River
property identified the presence of a large above - ground storage tank; 35 -45
five (5) gallon herbicide containers and one (1) 55 gallon drum; and, an area
which had been used as a shooting range. He advised that the containers and
tanks will need to be removed and disposed of and the soil in all three (3)
areas need to be tested for any contamination. He advised that the estimated
cost for removal of the tanks and containers and soil testing should not
exceed $7,000; however, if testing results find soil contamination, additional
costs will be associated with the clean up. He advised that the County
received a $75,000 grant from the City of Norfolk to assist in preserving the
water quality of the Blackwater River and an appropriation of $7,000 of the
$75,000 grant funds is being requested to address the environmental issues
identified above.
Supervisor Bailey moved to appropriate $7,000 of the $75,000 grant from the
City of Norfolk to assist in preserving the water quality of the Blackwater
River. 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 from the Smithfield Soccer Club to waive or
reduce the field rental fees at Nike Park to hold a soccer tournament for the
purpose of raising money for Relay for Life. He advised that the Board
reduced the County's fees to $250 to cover the additional costs in supplies
and salaries incurred by Parks and Recreation staff and the anticipated rental
fee for this year is $1,320.
Supervisor Casteen moved that the field rental fees at Nike Park be reduced
to $250. 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 addressed the Board regarding its directive for an overall 5%
decrease in each department's budget request. He advised that the
Independence Day fireworks have been identified as an item for potential
elimination within the Parks and Recreation Department budget and, if the
Board is in support of canceling the fireworks display, staff will need to
notify the Towns of Smithfield and Windsor as they currently contribute 25%
of the cost for their respective shows. He distributed a list of additional
items proposed for elimination at the Parks and Recreation Committee
meeting which includes not filling the vacant Ceramics Coordinator position;
eliminating the skating rink; raising the fee for the Summer Camp Programs
at Windsor Elementary and Carrollton Elementary Schools and other new
programs and fee increases; adding additional revenue generating programs;
and, motor fuel and Tube, for a total savings in his Department of $79,000.
Supervisor Darden moved that the Independence Day fireworks not be
identified for elimination in the Parks and Recreation budget. The motion
was adopted by a vote of (3 -2) with Supervisors Casteen, Darden and Bailey
voting in favor of the motion and Chairman Hall and Supervisor Alphin
voting against the motion.
Mr. Furlo distributed photos of a maintenance building at the Camptown
Park and Otelia J. Rainey Community Center which saved the County
$20,000 because it was constructed by staff.
Chairman Hall declared a break and the Board returned to open session at
7:00 p.m.
PUBLIC HEARING
The application of Jake and Amanda Browder, owner /applicants, for a
Conditional Use Permit to allow for a Garden Center accessory to a
residential use and to request a reduction in the bufferyard setback on
property located at 17357 Fox Ridge Lane in the Hardy Election District.
The purpose of the application is to allow for up to three (3) greenhouses.
Beverly H. Walkup, Director of Planning and Zoning, advised that the
Planning Commission had recommended approval of the application to the
Board, as conditioned, and that the bufferyard be reduced to 25 feet for the
side yards and 10 feet for the rear yard. She advised that she placed a
petition at the Board's seat from the applicant's neighbors supporting the sale
of products on -site Thursday through Sunday throughout the year.
Yj
Chairman Hall called for persons to speak in favor of or in opposition to the
application.
Jake Browder, applicant, spoke in favor of his application.
Chairman Hall closed the public hearing and called for comments from the
Board.
Supervisor Bailey moved that the application be approved with the following
conditions recommended by the Planning Commission: 1) On -site sales shall
be allowed Thursdays through Sundays; 2) development of the site shall be
generally consistent with the document titled "Browder Exhibit Conditional
Use Permit request — Garden Center" as determined by the Zoning
Administrator; and, 3) the Conditional Use Permit is issued to the current
property owners and a change in ownership of the property shall require a
new Conditional Use Permit. 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 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.
PARKS AND RECREATION REPORT (Continued)
Mr. Furlo requested permission to fill a Parks and Grounds Attendant
position which has been vacant since October 25, 2012.
Supervisor Darden moved that the Human Resources Department be
authorized to advertise and hire a Parks and Grounds Attendant. 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 permission to hire two (2) part-time Skating Rink
Attendants in order to assure proper coverage at the Isle of Wight/Franklin
Skating Rink.
Mr. Furlo was requested to provide a report to the Chairman at the Board's
March 21, 2013 meeting regarding operations, activities and attendance at the
skating rink and its hours of operation.
Mr. Furlo requested permission to hire two (2) two (2) Site Supervisors, two
(2) Bus Drivers, eight (8) Counselors and five (5) Junior Counselors for the
summer camp program.
10
Supervisor Alphin moved that the Department of Human Resources be
authorized to advertise and hire two (2) Site Supervisors, two (2) Bus
Drivers, eight (8) Counselors and five (5) Junior Counselors for the Parks
and Recreation summer camp program. 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.
GENERAL SERVICES REPORT
Jamie Oliver, Transportation Planner, presented a Resolution to Appropriate
Funds (from the Unassigned Fund Balance) for the Design and Construction
of the Park to Park Trail for the Board's consideration. She stated the trail,
which has been divided into three (3) segments, will be a ten (10) foot wide,
four (4) mile trail connecting Windsor Castle Park to South Church Street to
Battery Park Road to Nike Park. She advised that the County has been
awarded two (2) Transportation Enhancement grants consisting of an 80/20
match for a total project value of approximately $1.9 million of which
$400,000 would be match funds from the County. She advised that either the
County allocates its matching share to continue the project or it will have to
allocate $500,000 to pay for what has already been spent in grant funding.
She stated it would also reflect negatively on the County receiving any future
transportation enhancement grants.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FOR THE DESIGN AND
CONSTRUCTION OF THE PARK TO PARK TRAIL
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, has committed to the design and construction of the Park to Park
Trail as a locally administered transportation project; and,
WHEREAS, the County has been awarded two (2) Federal Transportation
Enhancement grant awards for design and construction of the Park to Park
Trail, totaling one million nine hundred fifteen thousand dollars
($1,915,000.00); and,
WHEREAS, the Transportation Enhancement grant program is a
reimbursement program which requires that the County expend funds up-
front before receiving grant payments; and,
WHEREAS, the County has previously appropriated only three hundred
ninety seven thousand dollars ($397,000) of the grant total;
NOW THEREFORE BE IT RESOLVED, by the Board of Supervisors of the
County of Isle of Wight, Virginia, that one million five hundred eighteen
thousand dollars ($1,518,000.00) be appropriated from the Unassigned Fund
Balance, or other applicable fund sources as deemed appropriate, to the
appropriate line items in the Isle of Wight County FY 2013 Capital Budget.
11
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia, be authorized to make the appropriate accounting
adjustments in the budget and do all things necessary to give this resolution
effect.
BE IT FURTHER RESOLVED, that the County Administrator of Isle of
Wight County, Virginia, be authorized to proceed with hiring necessary and
appropriate professional and construction services in furtherance of the
execution of this project in accordance with the Virginia Public Procurement
Act and County policy and is hereby authorized to execute any and all
necessary agreements and contracts for such services upon review and
approval of the County Attorney.
The motion was adopted by a vote of (4 -1) with Supervisors Casteen, Bailey,
Hall and Alphin voting in favor of the motion and Supervisor Darden voting
against the motion.
Frank Haltom, Assistant Director of General Services, updated the Board
regarding the Department of Conservation and Recreation Stormwater
Management Program Grant for the creation/implementation of the locally -
administered Stormwater Management Program. He advised once potential
conflicts between the proposed ordinance and existing ordinances are
identified, staff will tailor the existing County ordinances for consistency
with the requirements of the new stormwater management regulations and a
public meeting will be held on the revised ordinance. He advised that staff
will be developing a staffing and funding plan to fully implement the
required local stormwater program. He advised that a draft of each
component of the grant must be submitted to DCR by April 1, 2013 and staff
has completed a Stormwater Management Ordinance draft which will be
made available for public comment on the County's Website during the week
of February 25, 2013. He advised that DCR requires development of the
stormwater management program to be complete by July 1, 2013; however,
DCR will allow a one (1) year extension to those communities that have
demonstrated adequate progress towards developing the program by April 1,
2013 and DCR has advised that compliance with the grant submittal
requirements will demonstrate adequate progress.
Melissa Lindgren, Engineer, addressed the issue of public utility service at
Campbells Chapel Drive. She advised that staff met with several residents on
Campbells Chapel Drive in July 2012 concerning neighborhood septic
system problems and received authorization from the Board to develop a
policy to extend utility service to existing residents. She advised that to
provide sewer and water service to residents on the north end of Campbells
Chapel Drive would cost $142,000 and could potentially serve fourteen (14)
properties. She advised that residents under the current utility ordinance
would be required to connect to both water and sewer at a total cost of $8,000
per property. She advised that individual residents will be required to install
a residential sewer pump station to connect to the County installed sewer
force main for an estimated homeowner cost of $10,000. She advised that an
12
approximate homeowner cost to connect to County water is $750 and each
property owner's cost participating in the County cost to construct the project
is estimated to be $18,750. She advised that connection charge revenues to
the County will equal $112,000 leaving a project cost deficit of $30,000.
Supervisor Darden requested that staff speak with the homeowners on
Campbells Chapel Drive to determine which ones wish to connect to the
sewer and which ones do not.
Mr. Haltom requested permission to waive the 90 -day waiting period before
rehiring a vacant position and that he be authorized to immediately advertise
for the Erosion & Sediment Control Inspector position within the General
Services Department.
Supervisor Bailey moved that the Human Resources Department be
authorized to advertise for the newly vacant position. The motion was
adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall
and Alphin voting in favor of the motion and no Supervisors voting against
the motion.
EMERGENCY SERVICES REPORT
Rusty Chase, Chief of Emergency Services, presented a Resolution to Accept
Donated ORION Radios from the Hampton Roads Planning District
Commission for the Board's consideration.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT DONATED ORION RADIOS FROM
HAMPTON ROADS PLANNING DISTRICT COMMISSION
WHEREAS, the Hampton Roads Planning District Commission on behalf of
the Hampton Roads jurisdictions, agencies and organizations under the
Hampton Roads Urban Areas Security Initiative (UASI) grant desires to
donate 23 ORION Radios to the Department of Emergency Services to
augment the County, the Town of Smithfield and the Town of Windsor radio
communications for day -to -day operations and manmade or natural disasters
in Isle of Wight County; and,
WHEREAS, the Board of Supervisors of Isle of Wight County hereby
accepts the gift of the ORION Radios.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the
donated ORION Radios be accepted for use by the Department of Emergency
Services to augment the County, the Town of Smithfield and the Town of
Windsor radio communications for day -to -day operations and manmade or
natural disasters in Isle of Wight County.
13
BE IT FURTHER RESOLVED that the County Administrator of the County
of Isle of Wight, Virginia is authorized 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.
Inga Johnson, Department of Emergency Services, updated the Board
regarding the EMS Revenue Recovery Program which had previously been
outsourced to a billing agency. She advised that a review and tracking
process was implemented by staff in 2012 and produced a net gain of
$145,000. She advised that the implementation of in -house billing was
initiated on July 1, 2013 and reflects a $99,000 increase for the first seven (7)
months of the year. Ms. Johnson stated due to an increased request from
attorneys and private individuals for medical records, staff recommends the
implementation of a fee schedule to be centralized out of that Department
consisting of $35 for attorney /patient requests and $10 for subpoena
documents.
Chairman Hall moved that staff be authorized to draft up an appropriation
resolution for the Chairman's signature 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 ADMINISTRATOR'S REPORT
Jason Gray, Director of Information Technology, provided a demonstration
on the equipment upgrades in the Board Room. He credited Rob Wilson for
his involvement in this project which included installation of ceiling -
mounted remote - controlled TV cameras, additional TV's for the audience's
viewing in the Board Room and in the lobby, the removal of unsightly cables
and microphone enhancements.
County Administrator Caskey requested the Board's authorization to update
the Board's 2011 Strategic Plan by inserting a new date of 2012 -2013.
Chairman Hall requested staff to revise the date of the Strategic Plan and
return it for formal action by the Board.
Mr. Robertson presented a tentative budget calendar and requested the Board
to block the following dates for budget meetings on their respective
calendars:
Isle of Wight County
Proposed FY2013 -14 Budget Calendar
14
X January 28, 2013 Operating Budget (Kickoff) memo goes to
Departments and Agencies
X February 5, 2013 PC — CIP Work Session
X February 6, 2013 Budget Retreat
X February 8, 2013 Send ad to paper for PC CIP Public Hearing to
run on February 13th & 20th
X February 13, 2013 Ad to run for PC CIP Public Hearing
February 20, 2013 Ad to run for PC CIP Public Hearing
February 20, 2013 Operating Budgets Due from
departments /agencies
February 26, 2013 PC — Public Hearing /Adoption of CIP
February 28, 2013 Revenue Forecast from Commissioner of
Revenue (tentative)
_ March 18, 2013 BoS — Budget Work Session (CIP)
_ March 21, 2013 BoS — Budget Work Session — Authorize CIP
Public Hearing for April 18th
March 29, 2013 Send ad to paper for BoS CIP Public Hearing
to run on April 3rd & 10th
March 29, 2013 Receive Schools Budget
April 3, 2013 Ad to run for CIP Public Hearing
April 8, 2013 BoS — Budget Work Session, Authorize BoS
Budgets Public Hearing
April 10, 2013 Ad to run for CIP Public Hearing
_ April 12, 2013 Send ad to paper for BoS Operating Budgets to
run on April 17th & 24th
April 15, 2013 BoS — Budget Work Session
April 17, 2013 Ad to run for BoS Budgets Public Hearing
_ April 18, 2013 BoS — Adopt CIP, Authorize Public Hearing on
Tax Rate Ordinance, Personal Property Tax
lR
Relief Ordinance, Water Rate Ordinance,
Appropriation Ordinance (5/16/13)
April 22, 2013 BoS — Budget Work Session
_ April 24, 2013 Ad to run for BoS Budgets Public Hearing
April 26, 2013 Send ads to paper for BoS Public Hearing on
Tax Rate Ordinance, Personal Property Tax
Relief Ordinance, Water Rate Ordinance,
Appropriation Ordinance (5/16/13)
April 29, 2013 BoS — Budget Work Session
_ May 1, 2013 Ads to run for BoS Public Hearing on Tax Rate
Ordinance, Personal Property Tax Relief
Ordinance, Water Rate Ordinance,
Appropriation Ordinance
May 2, 2013 Public Hearings /Adoption:
Adoption of Tax Rate Ordinance, Personal
Property Tax Relief Ordinance, Water Rate
Ordinance, Appropriation Ordinance
_ May 6, 2013
BoS — Budget Work Session
May 8, 2013 Ads to run for BoS Public Hearing on Tax Rate
Ordinance, Personal Property Tax Relief
Ordinance, Water Rate Ordinance,
Appropriation Ordinance
May 16, 2013 Adoption of Schools /County Operating/Capital
Budgets; Adoption of Tax Rate Ordinance,
Personal Property Tax Relief Ordinance, Water
Rate Ordinance, Appropriation Ordinance
Legend
GREEN indicates Advertisements
BLACK indicates Board of Supervisors' dates
BLUE indicates CIP
RED indicates Schools
ORANGE indicates Commission of Revenue
Michael W. Terry, Director of Budget and Finance, advised that a
preliminary insurance rate from Wells Fargo Insurance Services will be
16
available for the Board at its March 21, 2013 meeting from the County's
consultant.
Mr. Terry recommended that the Board defer action on the issue of the
School's FY 2011 -12 Open Purchase Orders (Encumbrances) Carryover
Accounting and Reporting until staff has additional information.
Supervisor Casteen moved that the Board postpone action until its March 21,
2013 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.
Regarding the issue of FYE 2012 Textbook Fund, Mr. Terry advised that
County staff will be meeting with School staff next week to resolve whether
there will be carryover funds to be returned to the School Division or if there
is a reversion amount to be returned to the State.
Mr. Terry presented the Fiscal Year 2012 -13 Monthly Financial Reports for
County and Schools for the Board's information.
Regarding a request from Supervisor Casteen concerning a listing of all
checks issued by the County above $10,000, Mr. Terry advised that
providing such information to the Board will result in staff having to conduct
additional research.
Supervisor Casteen moved to include in the Consent Agenda a report copying
or listing all checks issued by the County above the amount of $10,000. The
motion was defeated by a vote of (2 -3) with Supervisors Casteen and Bailey
voting in favor of the motion and Supervisors Darden, Alphin and Hall
voting against the motion.
Regarding a request from Supervisor Bailey for a review of commercial
landscaping requirements, Supervisor Bailey moved that the County's
landscaping requirements for commercial developments be reviewed by staff
and Planning Commission to make it less restrictive and more business
friendly. 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 presented a request for a small boat access ramp on the
Blackwater River.
County Attorney Popovich advised that the County had secured the property
under discussion as a result of it being located in a flood zone. He advised
that his office has been unsuccessful in locating the three (3) other
individuals who have an interest in the property. He expressed concern that
should the County make an improvement to the property, the possibility does
exist that an owner could object and he recommended that the Board use
eminent domain to condemn the property for use as a public purpose.
17
Supervisor Alphin moved to authorize the County Attorney's office to
advertise for public hearing the exercising of eminent domain relative to Tax
Map parcel 45A -01 -025 for the Board's March 21, 2013 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. Robertson updated the Board
consideration by the General Assembly.
APPOINTMENTS
regarding legislative matters under
Supervisor Darden moved that Mike Stephens be appointed to serve on the
Blackwater Regional Library Board replacing Dorothy G. Gwaltney and
representing the Windsor 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 Darden moved that James P. O'Briant, III be reappointed to the
Planning Commission Development Review Committee representing the
Windsor 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 that Arthur E. Berkley be reappointed to the
Bicycle & Pedestrian Facilities Committee representing 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 that Connie Henderson be reappointed to the
Blackwater Regional Library Board representing 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 Casteen moved that Ron Pack be reappointed to serve on the
Industrial Development Authority representing the Smithfield 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 that Ed Easter be appointed to serve on the Board
of Zoning Appeals replacing Jody Easter and representing 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.
Chairman Hall moved that Bob Harris be appointed to serve on the Planning
Commission replacing James B. Brown, Jr. and representing the Hardy
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.
OLD BUSINESS
There was no old business offered for discussion.
NEW BUSINESS'
Regarding Verizon service in the Smithfield area, Supervisor Casteen moved
that the County Administrator be directed to write a letter to Verizon advising
that citizens are not being served in a reasonable manner. 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 the Debnam family who lost their home due to a fire, Supervisor
Darden moved that the County waive any permit fees associated with the
building of another home for that family. 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.
CLOSED MEETING
County Attorney Popovich requested a closed meeting 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 contractual
opportunity with the communities of distinction and under Section 2.2-
3711.A.6 regarding discussion or consideration of the investment of public
funds where competition or bargaining is involved, where, if made public
initially, the financial interest of the governmental unit would be adversely
affected.
Supervisor Darden moved that the Board 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.
Supervisor Bailey moved to return to open session. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved to adopt the following Resolution:
CERTIFICATION OF CLOSED MEETING
19
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.
1Zeng-
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Darden moved to authorize the Director of Economic
Development to proceed with the economic development incentives 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.
ADJOURNMENT
At 9:30 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, Hall,
Alphin and Casteen voting in favor of the motion and no Supervisors voting
against the motion.
Carey Alls Storm, Clerk
20
J A t W. Hal , hairman