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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. %/ Under SPECIAL PRESENTATIONS /APPEARANCES, Animal Control staff presented a dog available for adoption at the County's animal shelter. 1 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, 2 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. // 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 3 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. // 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. 4 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. // 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. // 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. 01 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, Z 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. VA 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. 7 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. // 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 9 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. // 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 10 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 11 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. fl At 10:00 p.m., Chairman Hall declared the meeting adjourned. Carey lls Storm, Clerk 12 L Byron B. Bailey, Chai man