09-19-2013 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE NINETEENTH DAY OF SEPTEMBER 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, Hardy District
Byron B. Bailey, Newport District
Rex W. Alphin, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., Chairman Hall called the meeting to order and delivered
the invocation and the Pledge of Allegiance to the Flag.
Under APPROVAL OF THE AGENDA, the following revisions were
presented by County Attorney Popovich for the Board's consideration:
Under the County Attorney's report, the addition of seven (7) closed meeting
items, for a total of eleven (11) items; under New Business, add a discussion
regarding the titling of emergency vehicles as requested by Supervisor
Alphin; under the County Administrator's report, add authorization to issue a
Notice of Award and to set a public hearing at the Board's October meeting
for the lease of the Griffin Farm; under the General Services report, add a
request for waiver of the 90 -day waiting period and authorize the
advertisement of the Engineering and Environmental Technician position;
under Special Presentations, add consideration of a resolution of
appreciation; under the County Attorney's report, add consideration of a
resolution to authorize the expenditure of unallocated 2010C bond funds;
under the County Administrator report, add a request for a waiver of permit
fees from the Town of Windsor; and under Special Presentations, add a Small
Business Close -up.
Supervisor Casteen moved that the agenda be adopted, as amended.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
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Under SPECIAL PRESENTATIONS /APPEARANCES, Animal
Control staff presented a dog available for adoption at the County's animal
shelter.
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Mr. Rashard Wright, Director of Secondary Schools for Isle of Wight
County, Mrs. Joyce McDowell, Principal of Smithfield High School, and Mr.
Soderholm, Principal of Windsor High School, briefed the Board regarding
"I on Instruction ", student and teacher technology expectations.
Chairman Hall was presented the Government Finance Officers
Association Plaque and accepted it on behalf of the Board.
A briefing was received by Max Barthalamul, Regional Manager for
State and Local Affairs, Virginia Dominion Power; Tiffany Minor Taylor,
Transmission Communications Manager; and Wade Malabe, Transmission
Project Manager, of a proposed expansion to the Virginia Dominion Power
Substation located at Benns Church on Route 10.
Jessica Lowder, Director of Operations, Sentara St. Luke's, updated the
Board on services and programs offered by that health care organization.
W. Douglas Caskey was presented a resolution in recognition of his
recent announcement to retire as County Administrator.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION OF APPRECIATION FOR
W. DOUGLAS "DOUG" CASKEY
On The Occasion Of His Retirement
As County Administrator
WHEREAS, Mr. W. Douglas Caskey began his employment with the
County of Isle of Wight, Virginia as the Director of Community
Development in October 1987 and soon thereafter was promoted to the
position of Assistant County Administrator/Director of Community
Development; and,
WHEREAS, Mr. Caskey was appointed to serve as the Isle of Wight
County Administrator in December 1994 and for nearly 19 years he has
served as a catalyst for positive change and professionalism; and,
WHEREAS, Mr. Caskey's leadership capabilities have been evidenced
by the national, state, and regional awards presented to the County and its
employees for the innovative programs implemented during his tenure, as well
as the continued excellence of the County's financial ratings; and,
WHEREAS, Mr. Caskey has been instrumental in the expansion of the
Courthouse Complex to include new facilities for Administration, Animal
Control, the Courts, General Services, and a renovated Sheriff's Office/
Emergency Operations Center; and,
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WHEREAS, during his tenure as County Administrator the County has
grown and flourished and the quality of life of all County residents has been
improved; and,
WHEREAS, Mr. Caskey has announced his retirement from formal
employment with Isle of Wight County, effective September 30, 2013.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and appreciates the considerable contributions of Mr. W. Douglas Caskey for
outstanding service to the citizens of Isle of Wight County.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors extends to Mr. W. Douglas Caskey its best wishes for his future
endeavors and orders that a copy of this Resolution be spread upon the
minutes of this Board this nineteenth day of September 2013.
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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The following CONSENT AGENDA was presented:
A. Isle of Wight /Smithfield /Windsor Crime Line "Top Cop" Awards
B. Resolution to Donate Surplus Property/Equipment to a Non -
Profit Organization (Sheriff's Office /Animal Control)
C. Resolution to Accept and Appropriate School Security
Equipment Grant Funds
D. Resolution to Amend the FY2013 -14 Capital Budget
E. Resolution to Accept and Appropriate Grant Funds from the
Virginia Department of Motor Vehicles for the Highway Safety
Project Grant
F. Resolution to Announce Severance Benefits
G. Legal Assistant for County Attorney's Office
H. Fiscal Year End June 30, 2013 Operating Account Adjustments —
Sheriff's Department and E911
I. Schools FY2013 -14 Estimated Operational Results and Cash
Flows August 31, 2013
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J. Fiscal Year 2013 -14 Monthly Financial Reports for County and
Schools
K. Monthly Report/Delinquent Tax Information
L. Statement of Treasurer's Accountability
M. April 18, 2013 Regular Meeting Minutes
Supervisor Darden moved that the Consent Agenda be approved, as
presented. The motion was adopted by a vote of (5 -0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
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Under REGIONAL REPORTS, Supervisor Darden reported that
County Administrator Caskey was presented a recognition resolution by the
Hampton Roads Planning District Commission and received a standing
ovation from staff and the other regional representatives. She further
reported water and wastewater utilities were discussed. She advised that a
report on regional sewer was received with respect to cost savings by
regionalizing sewer systems through HRSD. By February, 2014, localities
will need to make their decision whether they want to participate in the
regional sewer systems.
Supervisor Darden reported the Hampton Roads Transportation
Planning Organization TPO received a presentation from the Commonwealth
Transportation Board regarding the Route 460 project, which is on schedule
and newly named the "Commonwealth Connector" project. She advised that
public hearings will be held regarding input on where the project begins and
ends.
County Attorney Popovich reported that the solid waste /recycling
technical committees from all localities are meeting with respect to the
development of a Memorandum of Understanding between all of the
localities and the Southeastern Public Service Authority. He advised that he
has enlisted the assistance of outside consultants to assist the County with
respect to evaluating the County's options. He stated a presentation to the
Board on its options will be forthcoming in the next several months.
Supervisor Bailey reported that the Western Tidewater Regional Jail
Authority had discussed the removal of Federal inmates to Virginia Beach.
He advised that the Jail is investigating healthcare options for its inmates and
considering selling the parcel located in front of the jail facility currently
appraised at $630,000.
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Supervisor Casteen reported that the Social Services Board had
discussed routine business matters.
Chairman Hall reported that County Administrator Caskey had been
recognized at the Chamber of Commerce's annual meeting.
Under TRANSPORTATION MATTERS, Jamie Oliver, Transportation
Planner, offered to address any questions the Board may have with respect to
the report contained in the agenda on the current status of the County's
projects.
Responsive to Supervisor Alphin's inquiry, Ms. Oliver offered to
provide an informational report in the Board's October 17, 2013 agenda
outlining procedures required under the VDOT- administered "Adopt -A-
Highway" program.
Supervisor Bailey recommended that staff take appropriate action to
have the speed limit lowered on Smith's Neck and Titus Creek roads to 35
mph.
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Under CITIZENS COMMENTS, Michael Uzzell thanked County
Administrator Caskey for his service to the County. He addressed the
proposed seven member redistricting plan citing his concern with the cost
associated with changing from five (5) to seven (7) members.
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Under BOARD COMMENTS, Supervisor Darden responded to Mr.
Uzzle's comments under Citizens Comments. She advised that the purpose
of investigating a seven (7) member district is to attempt to provide better
representation for people in contiguous neighborhoods. She stated the way
the districts are currently drawn, they are not contiguous with respect to
neighborhoods. She assured Mr. Uzzell that the Board will consider the cost
before proceeding with a change in the number of districts.
Under the COUNTY ATTORNEY'S REPORT, County Attorney
Popovich, requested the Board's consideration of a Resolution to Adopt
Public- Private Education Facilities and Infrastructure Act and Public- Private
Transportation Act Guidelines.
Chairman Hall requested County Attorney Popovich to prepare a
briefing on this matter for the Board's October 17, 2013 meeting.
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County Attorney Popovich recommended that the next issue, the
County's Policy Manual, Chapter 2, also be deferred to the Board's October
17, 2013 meeting at which time he would provide the Board with a briefing.
County Attorney Popovich advised the Board that Supervisor Casteen
had previously requested that he look into ways that certain documents in his
office could be made more readily available to the public. He advised that
included in the Board's agenda is a proposal for professional scanning
services.
Supervisor Bailey moved that the County Attorney be authorized to
repurpose salary funds in the County Attorney's Operating Budget to cover
the cost associated with scanning services of all documents contained in that
office. 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 advertise a public
hearing on a proposed ordinance amendment to the County Code pertaining
to Chapter 1, General Provisions, by adding Section 1 -12 criminal history
and background checks for applicants and employees.
Chairman Hall moved that the County Attorney's office be authorized
to advertise the matter for public hearing at the Board's October 17, 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 presented a Resolution to Authorize the
Expenditure of Funds from Available Unallocated 2010C Bond Funding for
the Purchase of Real Property Interests that would allow the Director of
Budget and Finance to now issue checks to individuals who have current
interest in two (2) of the parcels that the Board had authorized him to proceed
with condemnation action on. He recommended that the Board adopt the late
item resolution authorizing the expenditure of funds from available
unallocated 2010C bond funding for the purchase of real property interests.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE THE EXPENDITURE OF FUNDS
FROM AVAILABLE UNALLOCATED 2010C BOND FUNDING FOR
THE PURCHASE OF REAL PROPERTY INTERESTS
Whereas, on March 21, 2013 the Board of Supervisors of the County of
Isle of Wight, Virginia (the "Board ") adopted two (2) resolutions authorizing
the initiation of condemnation action for those properties referenced as Tax
May Parcels 45A -01 -025, 04A- 06 -000A and 04A- 06 -000B, all in conformity
with Section 15.2- 1903(B) of the Code of Virginia (1950, as amended); and,
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Whereas, in accordance with Section 25.1 -204 of the Code of Virginia
(1950, as amended), a bona fide offers to purchase those property interests
that remain outstanding for those properties identified herein where sent out
in order to ascertain the interest of those property owners to sell their interest
in the land for the appraised value of their property interest; and,
Whereas, funds in an amount not to exceed fifty -four thousand two
hundred forty dollars and forty -seven cents ($54,240.47) need to be
authorized for expenditure in order to effectuate the purchase of those parcels
should the current property owners deem it appropriate to sell their interest to
the Board; and,
Whereas, the purchase of said properties will support the County's
intent to improve public access to its waterways and promote the orderly
construction of necessary public facilities or improvements to existing
structure for the benefit of the citizens of Isle of Wight County.
Now, therefore, be it resolved by the Board of Supervisors of the
County of Isle of Wight, Virginia that a sum not to exceed fifty -four
thousand two hundred forty dollars and forty -seven cents ($54,240.47) from
available unallocated 2010C bond funding ($108,248.00) is hereby
authorized for expenditure in order to purchase said property interests.
Be it further resolved that the County Administrator of the County of
Isle of Wight, Virginia is authorized to make the appropriate accounting
adjustment in the budget and to do all things necessary to give this resolution
effect.
The motion was adopted by a vote of (5 -0) with Supervisors Casteen,
Darden, Bailey, Hall and Alphin voting in favor of the motion and no
Supervisors voting against the motion.
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Under the GENERAL SERVICES REPORT, Frank A. Haltom,
Director of General Services, presented the findings identified by a regional
consolidation study. He advised that most localities have indicated that they
are not in favor of regionalism.
Chairman Hall moved that staff be directed to write a letter to the
Hampton Roads Sanitation District Commissioner asking that other
alternatives be explored by that organization. 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. Haltom was requested to provide the Board with all
correspondence related to stormwater fees so that the Board is kept apprised
and can respond to citizens accordingly.
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Mr. Haltom was further requested to place information on -line and
develop a brochure /pamphlet regarding cost /options.
Mr. Haltom requested that an Engineering and Environmental
Technician position be authorized by the Board.
Supervisor Casteen moved to approve the request for a waiver of the
90 -day waiting period and authorize the Director of Human Resources to
advertisement the 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.
Under the EMERGENCY SERVICES REPORT, Lee Beachboard,
Safety and Training Coordinator, advised that a safety and training calendar
has been created and can be accessed through the County's website from the
Department of Emergency Services' webpage. She further advised that she
would be presenting statistical information, trends and recommendations
from the Committee in the next quarterly update to the Board.
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Under the COUNTY ADMINISTRATOR'S REPORT, County
Administrator Caskey requested the Board's consideration of voting
credentials for the VACo Annual Meeting.
Supervisor Darden moved that Supervisor Alphin be designated as the
County's Voting Delegate authorized to vote at the VACo Annual Business
Dinner. 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 she be designated as the County's
Alternate Voting Delegate authorized to vote at the VACo Annual Business
Dinner. 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 advised that the County's 2014 Legislative Priority List
has been revised responsive to the Board's comments at its August 22, 2013
meeting. He briefed the Board on the Line of Duty Act and GASBY
Statement No. 68 and recommended that they also be included for
consideration during the upcoming General Assembly.
Supervisor Darden moved that the 2014 Legislative Priority List be
adopted and that the LODA, Unfunded Teacher Pension Liability and the
period of septic tank pump out be extended from five (5) years to seven (7)
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 Caskey addressed the issue of an Invitation for
Bid to allow for farming operations to continue on County -owned property
referred to as the "Griffin Farm ". He advised that Carr Farms had submitted
the best bid.
Supervisor Alphin moved that the lease be set for public hearing at the
Board's October 17, 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 Administrator Caskey presented a request from the Town of
Windsor to waive permit fees for entrance signs.
Supervisor Darden moved that the request of the Town of Windsor to
waive certain permit fees for entrance signs 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.
Under APPOINTMENTS, Supervisor Darden moved that Tom Alphin
be reappointed to serve on the PACE 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.
Supervisor Darden moved that Kevin Sutton be reappointed to serve on
the PACE 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.
Under OLD BUSINESS, the issue of the Governor - Appointed Director
Nominations for Isle of Wight County to the Southeastern Public Service
Authority (SPSA) was presented for consideration.
Supervisor Darden moved to nominate Roy Chesson as the Board's
first choice and Michael R. Stallings as the Board's second choice. 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 issue of a proposed offer to
purchase County property from Joel C. Bradshaw who had previously
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submitted an offer to purchase which was not accepted by the County. He
advised that Mr. Bradshaw has submitted a revised offer which he
recommends be forwarded to the Board's Building and Grounds Committee
for further consideration.
Supervisor Casteen moved that Mr. Bradshaw revised offer be referred
to the Board's Building and Grounds 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.
Under NEW BUSINESS, the issue of titling of emergency vehicles was
discussed.
Supervisor Alphin suggested that from this point forward that the
County purchased emergency vehicles be titled in the County's name and that
present vehicles remain titled as they are. He stated it is a matter of
protecting the County's assets and its taxpayers.
County Attorney Popovich advised that it would be in the County's
best interest to retain ownership of emergency vehicles due to sovereign
immunity and because those vehicles can be included under the County's
insurance rather than having to pay an additional insurer.
Supervisor Casteen advised that he has been contacted by numerous
volunteers who have expressed their concern regarding the issue of titling of
emergency vehicles. He recommended the Board not take action on this
matter until feedback from the County's various volunteer groups is received.
Supervisor Alphin moved that any future emergency service vehicles
purchased by the County shall remain titled in the name of Isle of Wight
County. The motion was adopted by a vote of (3 -1 -1) with Supervisors
Darden, Hall and Alphin voting in favor of the motion; Supervisor Casteen
voting against the motion; and, Supervisor Bailey abstaining.
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Under 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 concerning the provision of legal
advice pertaining to a severance agreement; under Section 2.2- 3711.A.1
concerning a personnel matter pertaining to the appointment and salary of a
specific public appointee; under Section 2.2- 3711.A.1 concerning a
personnel matter pertaining to the disciplining of a specific public employee ;
under Section 2.2- 3711.A.1 concerning a personnel matter concerning the
performance of a specific public employees; under Section 2.2- 3711.A.7
concerning consultation with legal counsel requiring the provision of legal
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advice pertaining to probable litigation; under Section 2.2- 3711.A.7
concerning consultation with legal counsel requiring the provision of legal
advice pertaining to a solid waste franchise ordinance; under Section 2.2-
3711.A.6 regarding the consideration of investment of public funds; under
Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring
the provision of legal advice pertaining to the Fair Committee; under Section
2.2- 3711.A.7 concerning consultation with legal counsel requiring the
provision of legal advice pertaining to the Shirley T. Holland Intermodal
Park; and under Section 2.2- 3711.A.7 concerning consultation with legal
counsel requiring the provision of legal advice pertaining to the Windsor
Volunteer Fire Department.
Supervisor Darden moved that the Board enter the closed meeting for
the reasons stated by County Attorney Popovich. The motion was adopted
by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden 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
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Darden moved to authorize the refunding of political
vendor fees 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.
Supervisor Bailey moved to authorize the Chairman to execute the
Severance 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.
Supervisor Darden moved to authorize the Chairman to execute the
Employment Agreement in substantially the same form 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.
Supervisor Alphin moved to authorize an increase in the 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.
Supervisor Alphin moved to have members of the Windsor
Intergovernmental Relations Committee and Intermodal Committee
recommend appointees to the Committee 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.
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At 10:00 p.m., Chairman Hall declared the meeting adjourned.
Carey lls Storm, Clerk
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Byron B. Bailey, Chai man