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04-07-2005 Regular MeetinggpnK 2J `:'~•JJ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF APRIL EV THE YEAR TWO THOUSAND AND FIVE PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Richard K. MacManus Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County Administrator Donald. T. Robertson, Assistant County AdministratorlOperations E. Wayne. Rountree, P.E., Assistant County Administratar/Development Anne F. Seward, Assistant County Administrator/ Administration Carey Milts Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 6:03 p.m. z // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // , Chairman Bradshaw called for approval of the agenda. County, Attorney Stroman .requested that a .Letter of Support for International Paper's Innovation project be added to the Consent Agenda as Item (Q). He advised that the closed meeting would consist of the following five (5) items: One (1) personnel and legal advice matter related to the discussion of criminal records checks for County employees; a matter concerning acquisition of real. property for a public purpose in connection with an economic development activity; a matter pertaining to legal advice regarding the settlement. of a probable litigation matter arising out: of the granting of a variance; a matter pertaining to legal advice concerning probable litigation related to the .payment of proffers to the County by the. towns; and, a personnel. and legal. matter relating to the County's codes enforcement policies. 1 annK Gcl :z~:~~tJ"~ Supervisor.MacManus requested that a personnel matter be added to the Closed Meeting.. Chairman Bradshaw requested that a matter be added to the County Administrator's report relative to a memorial tree planting in honor of the late Dr. Jane T. York. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Wright voting in favor of the, motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Special Presentations. Chairman Bradshaw presented Emma Jean Brady with a framed Resolution of Appreciation upon her retirement from the Smithfield Library Branch. He noted that the official Resolution was adopted by the Board at its meeting on March 17, 2005. Ms. Brady thanked the Board for its recognition. Chairman Bradshaw presented. Cynthia Byrd Outten with a resolution recognizing her as the Isle of Wight County Public Safety Dispatcher of the Year for 2004. Sherri A. Bush, Emergency Communications Director, acknowledged. Ms. Outten's outstanding performance in 2004. The Board did not take action on this Resolution, and will be asked to do so at the April 21, 2005 Board of Supervisors' meeting. Patrice Harris, the Hampton Roads staff representative for Senator. George Allen's Office, formally introduced herself to the Board, and offered her assistance to the County. Supervisor MacManus asked Ms. Harris to pass along the Board's request that Senator Allen do all he can to have unfunded mandates removed in regards to the."No Child Left Behind Act." .Supervisor Clark expressed concern with military base closures; NASA cutbacks; transfer of battle groups from Norfolk to Florida;. and, the decision not to build additional carriers. Chairman Bradshaw expressed concern with the Farm Bill, particularly with respect to the peanut program, and the exit of the poultry industry from the area. He stated that the cotton program is expected to be impacted in the 2 ~' '~ ~ 1 near future on a federal level. He advised the Board does not support the funding bu"rdens for Medicare and Medicaid being shifted to the state. Ms. Harris offered to discuss the Board's .concerns .directly with Senator Allen. Pat. Ward, Director of the Blackwater Regional Library, recognized the County's. representatives on the Library Board: Dot Gwaltney, Mary Frances Briley and Melissa Small. She noted that. the Board may .recall that the library system's .long-range plan was discussed in the Fall, and today she is providing a six (6) month update of that plan for the Board's information. She stated the County is being requested to fund additional monies for FY06 because an additional person needs to be added to the health insurance policy. She notified the Board that the Smithfield Branch Manager's position has been filled, following the retirement of Emma Jean Brady. Chairman Bradshaw noted there are eight (8) participating localities in the regional library system; however, the County contributes 25% of the total local funds. He inquired why 25% of the money on the expenditure side is not returned to the County. Ms. Ward explained that localities provide staffing and the direct .cost for the branches, as well as all overhead costs. She noted that the library system had- requested a $22,000 increase; however, the Director of Budget and Finance had only recommended $1.1,000. Chairman Bradshaw noted. he would like to see: the budgets from the Smithfield, Windsor and Carrollton branches that illustrates the entire amount contributed by the County, and includes the County's state share that is generated through circulation. He stated that the library. system appears to be penalizing the County. Ms. Ward explained that all participating localities must support their own staff and related health insurance increases. Supervisor MacManus stated that the regional library system is supposed to be a cooperative effort among all. the participating localities; however, it appears that if the Board does not fund the library system's request fully,. that a penalty will be applied only to the County. He stated this. suggests to him that there is no basis .for the County to be a part of the regional library system. Ms. Ward noted that it is understood statewide that participating localities will pay for their direct staff and the benefits in their individual branches. Supervisor MacManus noted only three (3) of the fourteen (14) members serving on the Library Board represent the County., ` He noted this 3 , ,~..~,.~..~.. ~~,.~.~.. .,4 ._. ~ ~p.b._ , , ,~ .:~,..~ ~~fK 23:-~~136 represents 21 % of the representation,. but 44% of the circulation, which further illustrates that the County is not receiving its fair share of representation. He noted that Southampton provides half the funding that the County does, yet. it has five (5) members on the Library Board. He noted that service levels and the location of materials do not appear to be equal, as he believes that Courtland has the best materials available. Ms. Ward stated that the arnourit of fiction and non-fiction material in Courtland is much -less than that contained in the Smithfield branch. She. stated audio hooks are :more plentiful in Courtland because they were purchased with Camp Foundation grants. Supervisor MacManus addressed the recent Helen Haverty King bequeath in the amount of $10,000 that was intended for the Smithfield branch, but is not unavailable because Ms. Ward requested that the Friends of . the Library send those funds to the regional office. Ms. Ward advised that the Code of Virginia requires regional libraries to have governing boards charged with. the fiscal oversight of any and all monies coming into .the library system. She stated the. $10,000 bequest was left to the Smithfield branch; however, .the Friends of the Library are a separate organization from the library, and those funds legally fell under the ` oversight of the regional board. She stated the bequest would be listed under the non-operating expenses on the monthly finance statement so that its spending can be tracked each .month. She stated if the money went to a Friends organization, there would be no accountability, as these organizations are not required to have audits or year-end statements. t Supervisor MacManus stated that he did not agree with Ms. Ward's interpretation .of the Code, and that he believes the Friends of the Library exist to help the library; otherwise, they would not be volunteering their time. He stated state taw requires the Director of the regional library system to provide financial reports to the Board on an annual basis; however, the County has only received summaries to date. He stated the Board is having a difficult time discerning how funds appropriated by this County to the regional library system are being spent. He stated the lack, of representation on the library system further disturbs the Board. .Chairman Bradshaw requested that the County Attorney obtain a copy of the regional library system's Constitutional Bylaws and Operating Policies with respect to personnel and procedures. Supervisor Clark inquired if Ms. Ward had a policy that prohibits librarians from communicating directly with her Board members. Ms. Ward advised that the regional library system does have a policy stipulating that she is the liaison between the Board and the staff. She noted this policy is standard and listed in the Public Library Trustees Manual. 1 1 1 4 ~a~~ 23 ...~37 Supervisor MacManus encouraged Ms. Ward to rethink .her policy with respect to library employees not being allowed to discuss issues with their Board members, He stated that he struggling with why the County should not look to having its own independent library system. Supervisor Clark noted the policy that librarians are not to directly communicate with Board members is unacceptable to him. Chairman Bradshaw asked Ms. Ward to state the advantages for the County remaining in the Blackwater Regional Library system. Ms. Ward stated it is often cheaper to have just one (1) Director and shared administrative staff,-in addition to the sharing and processing of all materials. She noted the daily van. delivery is a benefit, and the library staff receives the benefit of more professional input and help than the County. could hire on its own. Chairman Bradshaw stated the Board is dedicated to expanding its library systems in the County, to the extent of having a library located in each district. He stated the Board has also discussed a cooperative agreement with the public school administration. Ms. Ward encouraged the Board to involve the public .library ..consultant from the state library in its deliberations to .either remain with .the regional library system or become independent. Supervisor MacManus noted that volunteer organizations are extremely important to the .operation of the County, as well as the Friends of the Library. He stated Mrs. King's family would be extremely disappointed if they knew how the Blackwater Library had handled the bequest. He noted he was in favor of discussing the County's options with. respect to an Isle of Wight library system. Ms. Ward stated than the library's accountant, as well as wo (2) attorneys were consulted, both of which recommended placing the funds into the non-operating account. Supervisor MacManus stated this was .money given to the Smithfield branch, and the Friends of the .Library-ensure that the funds are properly handled. He stated the Board also did the same with a bequest to the Smithfield Museum under the guidance of a very competent County Attorney. Supervisor MacManus moved -.that the. Board further discuss these matters later under New Business. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 5 g~rx ~;~ ~ ~~~~J Lyle D. Hornbaker, Information Services Coordinator, introduced Walter Baker, PrimeMedia, who discussed the various video broadcast options relative to the County's PEG channel. Supervisor MacManus inquired. about the monthly production cost. Mr. Baker stated it would cost approximately $700 per meeting to fiim the Board of Supervisors' meeting. Supervisor MacManus moved the Board further discuss the matter later under New Business. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Nelson Moody, BFI, addressed the Board responsive to concerns expressed by the Board and citizens relative to a recent charge for fuel recovery. He advised that BFI would credit the appropriate accounts for the unnecessary charge. 1 Supervisor Clark inquired what BFI's policy is with respect to collecting trash that is not contained in a BFI bin. He advised that he was told by BFI staff that trash would not be picked up if placed inside a private trash container because BFI does not want to be responsible for reimbursing residents for trash cans that are damaged by the trash handlers. He .stated he was further advised that by policy, BFI would. only. pick up three (3) additional bags of trash. Mr. Moody stated BFI picks up all regular household trash, .but not yard debris, in the County. He stated BFI does collect yard debris in the Towns of Smithfield and Windsor. He.advised that in the beginning in an effort to build up the customer base, yard debris in the County was collected; however, when the .Carrollton area began to grow, the previous Operations Manager of BFI recommended dividing that area into two {2) separate collection routes. He stated .in order to do this, BFI was required to change the specifics of the contract, so a three (3) bag limit of yard debris was instituted: He stated he believed .misinterpretation has occurred in his operations and customer service departments. He offered to address Supervisor Clark's concerns with his staff. // Chairman Bradshaw indicated the Consent Agenda included the following items: A. Western Tidewater Water Authority Operating Budget B. Use of Outdoor Athletic Facilities Located on School Property 6 1 1 '1 1 1 C. Use of Isle of Wight County. Buses by Non-Affiliated Organizations D. Tyier's Beach Dock Repairs.- Funding Update E. Financial System Replacement Update F. Virginia School Resource Officer Grant Program G. Personnel Policy .Amendment -Family and Medical .Leave Policy H. Personnel Policy Amendment -Sexual .and Other Unlawful Harassment Policy L Personnel Policy Amendments -Articles. III and IV J. FY04-OS' Fire Funds Program K. Application for Grant .Funds - Court Appointed Special Advocate (CASA) Program L. Locality Interoperability Grant Fund. Appropriation M. Smithfield Volunteer Fire Department Engine Purchase N. Tourism Monthly Report O. Action List Status Update P. February 17, 2002 Regular Meeting Minutes Q. Letter of Support for International Paper's Innovation Project Chairman. Bradshaw asked if there were any-items for removal Supervisor Wright moved the Board adopt the Consent Agenda with Items (B), (C} and (M} removed. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Alan S. Nogiec, Director of Parks and Recreation,: responded` to Supervisor Clark's questions relative to Item (B), Use of Outdoor Athletic Facilities Located, on School Property. He advised that staff proposedthat the scheduling. of outdoor facilities after school hours be coprdinated through the Parks and Recreation Department, and that staff would coordinate with the principals to ensure that the facilities are available. 7 ~"^1M~T~!ww.+h{+artY~^4,.n~s+•.~..vt. .4. M.~. . ~.J n c.. .., .. .v ~.H r+twb~'~ _..W,! ~ 1cL..~~aw~%X!itrNVy,. vd"AnrNM~p~Y~ .7~R!A~k ~o~~ 23 ~~'~ ~(l Supervisor MacManus moved .that .staff be directed to request the amount of time those fields are needed, and to look for the feedback from the. individual principals. The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against. the motion. Mr. Nogiec responded to comments .from Supervisor MacManus relative to Item (C), Use of Isle of Wight County Buses by Non-Affiliated Organizations. He advised that the mileage issue was based on the current cost of fuel. He noted that Parks and Recreation ensures that the surplus school buses have a full tank of gas when they are rented out. Supervisor Clark moved the Board approve as proposed, and direct staff to comeback with a revised fee schedule. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Richard O. Childress, Director of Emergency Management, responded to questions from Chairman Bradshaw ..relative to .Item (M), Smithfield Volunteer Fire Department Engine Furchase. He advised that .the Fire and Rescue Association is not currently aware of this request, but will be notified at the next meeting. Supervisor MacManus moved the Board approve Item (M). The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting. in favor of the motion, and no Supervisors voting against the motion. I/ Chairman Bradshaw called for Regional Reports. Supervisor MacManus reported that a proposed Southeastern Public .Service Authority budget in the amount of $88,431,000 was presented, which included a 10.7% increase, and proposed a tipping fee of $59. He further reported that it was recommendedthat the entire budget be forwarded to .the financial directors .for the eight (8) communities for their review and comment. He also made note that SPSA received an environmental stewardship award from DEQ. ' .Supervisor Wright reported that BRAC issues continue to be discussed at the Mayors and Chairs meetings, as well as the Hampton. Roads Performing Arts Trust. Chairman Bradshaw stated that the first organizational meeting of the Hampton Roads Economic Development Alliance has been held since the 8 1 II 1 BOpK /~rV /e Jr~~~ 1 merger with. the Peninsula Economic Development Alliance. He advised that the County's Chairman would remain on the Executive Committee. Chairman Bradshaw reported that the issue of homelessness was a major topic of discussion at the Southside Mayors and Chairs recent meeting, and the County Administrator is currently working with staff on a new task force formed by Mayors Fraim and Orbendorf. County Administrator Casket' .reported at the last meeting of the Hampton Roads Planning District Commission that the Jamestown 2007 Celebration was discussed with respect to- planning for the increased parking and transportation needs during that weekend. // Chairman Bradshaw called for Transportation Matters. 1 1 Sandon Rogers, Transportation Planner, presented. a report on the redistribution of secondary revenue sharing allocations based on VDOT surplus/deficit financial report to correct an inadvertent accounting error. Supervisor MacManus moved the Board authorize the County Administrator to send. a letter approving VDOT's request. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting againstthe motion; and, Supervisor Clark absent for the vote. Joe Lomax, Assistant Resident Engineer, VDOT, presented the Draft 2005-2011 Secondary Six-Year Priority Plan and Draft Fiscal Year 2005- 2006 Construction Budget. He noted that he had .moved the funding for Bartlett Circle and Carver Drive from FY05-06 to FY06-07. Chairman Bradshaw requested that Mr. Lomax provide .the Board with a financial report that illustrates the .estimated cost and the amount that is actually expended on projects. Mr. Lomax notified the Board that the District is moving all personnel under the VDOT umbrella of the district .construction engineer, and the District will begin taking the responsibility. of managing the contracts and budgets. He advised that existing staff will still be a part of the. design process, as well as continue to act as a liaison for the County.. 9 Supervisor MacManus inquired if these changes with. VDOT would result in VDOT becoming more remote and, therefore, less responsive to localities. Mac Neblett, Resident .Engineer, VDOT, assured the Board that the County and the City of Suffolk continue to have input in getting the projects .__._ __ ea~K 23 -..-.-1A? developed and ready for construction. He stated the VDOT local office will continue to know the needs of the County. Super4~isor Mac\~ianus requested-that ~?Ir. l\eblett advise the Board if it appears that the ne~~- process be_ins to create problems as opposed to soh~ing them. Supervisor Clark moved the Board authorize staff to advertise the Six- Year Priority Plan and Fiscal Year Construction Budget for public hearing at the Board's May 19,.2005 meeting. The motion was adopted by a vote of (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the motion. Grace Keen requested a dual left-hand turn lane be installed at the Benn's .Church intersection. Mr. Neblett offered to speak again .with the VDOT District Traffic Engineer to see if a temporary solution can be found. // Chairman Bradshaw called for: Citizen's Comments. Albert Burckard recommended that the Tourism Office be relocated to - the second floor of Boykin's Tavern. upon the expiration of its current lease. Jerianne Gardner, Isle of Wight County Historical Society, provided the Board with contact names for County-wide projects, i.e., driving tour; reenactment at Lawnes Creek; reprint. of the Helen Haverty King book; historical road markers done by district and brought to the Board for funding of the agreed-upon one (1) per year; and, history of the Blackwater River. In response to her advisement that the Historical Society is concerned that there are no signs on Route 17 to identify Boykin's Tavern, Chairman Bradshaw requested that Ms. Gardner make a recommendation for the location of aproposed sign. Ms. Gardner requested the status of the air-quality monitoring device as ,requested by the Isle of Wight Citizens Association.. Chairman Bradshaw moved that the Board direct staff to follow-up on the request. for an air-monitoring device. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw requested that Ms. Gardner relay to the Historical Society that there is a historical structure on Joyner's Bridge Road called the 10 11 i~ i~ I eooK 23 ~L;:~1~3 Mitchell school which he believes was a former African American schoolhouse. // Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman noted that-all items he wished to discuss with the Board are closed .meeting items, and that he would address them later with the Board in closed. meeting. ' // Chairman: Bradshaw called for the Community. Development Report. Beverly H. Walkup, Assistant Director of Planning and Zoning,. addressed the Hazard Mitigation Grant Program (HMGP). She stated .all acquisition grant applications for funding were approved. Supervisor MacManus moved the Board authorize the County Administrator to sign the grantee-subgrantee agreement allowing for the County to begin working towards the acquisition of the approved property.. The motion was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. /I Chairman Bradshaw called for the Parks and Recreation Report. Alan S. I~Togiec, Director of Parks. and Recreation, presented a request for an exemption to the Outdoor Amusement Ordinance with respect to rentals.. Supervisor MacManus moved the .Board authorize an .exemption from the requirements of the Outdoor Amusement Ordinance for programs to be held at the County's fairgrounds, and direct the County Attorney to prepare an ordinance for public hearing at the Board's .May 19, 2005 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and.. no Supervisors voting against the motion. 1 Mr. Nogiec noted pursuant to Albert Burckard's suggestion, the Parks and Recreation Advisory Committee has submitted a recommendation to set up four (4) informational kiosk to interpret the historical aspect of the Carrollton Nike Missile site. He noted Mr. Burckard is in agreement with the Committee's recommendation. 11 Chairman .Bradshaw moved the Board appropriate $3,800 from the contingency account. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board .direct staff to pursue the acquisition of the Nike missile that is located in the Hampton Air Park for use at Nike Park; and, if support is needed, staff is to advise the Board. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the ~ motion, and no Supervisors voting against the motion. . // Chairman Bradshaw called for the Public Works report.. Donald M. Long, Director of Public Works, updated the Board on the issues of lease and acquisition of properties by the County for the purpose of locating convenience centers.- He advised that Wilson Holland has expressed. an interest in leasing a site in the Orbit area to the County. He advised that he is continuing to work on the Crocker site utilizing existing funds in the budget, and he expects to accomplish all work in this budget year with the exception of the purchase of a compactor, which is contained in the FY06-07 Capital Budget. 1 Supervisor MacManus inquired. how much money to date has the County invested in the Crocker. site. He noted that if the County were to ever relocate, these funds would not be recoverable. Mr. Long replied.. approximately $5,000 for grading and removal of trees. He stated that electrical services must be installed to service the compactor. County Administrator Caskey commented that the County would realize some cost benefit from. having more control over the waste flow as this site will be manned. Supervisor Clark inquired about the status of fixing the drainage problem to the sidewalk located in front of the Courts Building. Mr. Long replied that funds to address the drainage issue are contained in the Operating Budget, and he anticipates the problem o be corrected following approval of the Budget in July,. 2005. // Chairman Bradshaw called for the County Administrator's xeport. I 1 1 12 .~ BOOK ~J ~ ";'~~eJ Anne F. Seward, Assistant County Administrator/Administration,.. formally introduced: Ms. Liesl R. DeVary to the Board as the County's new Director of Budget and Finance. County Administrator Casket' presented a Resolution to Recognize National County Government Week, which he recommended the Board adopt. . Supervisor Clark moved the Board .adopt the following Resolution: RESOLUTION TO RECOGNIZE NATIONAL COUNTY GOVERNMENT WEEK WHEREAS, Counties .employees serve America in numerous ways: by providing public safety, medical and ,human services, opportunities for new businesses to prosper, job training and technological solutions, needed elderly services and healthcare for the disabled. and needy, and County emergency services which keep families safe and informed until order can be restored; and, WHEREAS, County governments are the citizen's local voice, providing solutions that bring communities together; and, WHEREAS, National County Government Week will be celebrated. .April 10-16, 2005.; and, WHEREAS, .the National Association of Counties (NACo) has requested that each County throughout the country provide public awareness of National County Government Week. NOW, THEREFORE, BE IT AND IT TS RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, in conjunction with NACo, recognizes .and supports National County Government Week on April 10-16, 2005. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and .Wright voting in favor of the motion, and no Supervisors, voting against the motion. 1 County Administrator Casket' presented a Resolution to Recognize National Library Week, which he recommends the Board adopt. Supervisor Wright maved the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE NATIONAL LIBRARY WEEK Bo~~ 23 ~~-:~~.4~ WHEREAS, our nation's public, academic, school and specialized libraries provide something for everyone; and, . WHEREAS, Libraries play a vital role in providing millions of people with the resources they need to live, learn and work in the 21st century; and, WHEREAS, libraries are changing and dynamic places and librarians are the ultimate search engine, helping people of all ages find the information . they need in print and online; and, WHEREAS,. libraries are part of the American Dream -places for opportunity, education, self-help and lifelong learning; and, x n WHEREAS, libraries bring .you a world of knowledge both in person and online, as well as personal service and assistance in finding what you need, when you need it; and, WHEREAS, .libraries are a •key player in the national discourse on .intellectual freedom, equity of access, and narrowing the "digital divide"; and, WHEREAS, more individuals must be recruited to the profession of librarianship and to work in libraries to maintain their vitality in today's changing workplace; and, WHEREAS, awareness and support must be increased for libraries, librarians and library workers by raising their visibility in a positive context and by communicating clearly and strongly .why libraries are both unique and valuable; and, WHEREAS, library users and non-users alike are encouraged to stand up and speak out for libraries and to support library-funding efforts; WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week with The Campaign for America's Libraries. NOW, THEREFORE, BE "TT RESOLVED that the Board of Supervisors. of the County of Isle of Wight, Virginia .recognizes April 10-16, 2005 as National Library Week. BE IT FURTHER RESOLVED that the Board of Supervisors encourages all residents to take advantage of the wonderful library. resources available and thank their librarians and library workers for making information accessible to all who walk through the library's doors. 14 ii 1 __ ,_.._.~....~.,...__ -___ p_..__wm,. _. ,,~~„ ~. .~ ~a~r 23::-1~7 The .motion was adopted by a vote of (5-0) with Supervisors MacManus, "Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented. a Resolution to Proclaim the Week of April 10.Through April 16, 2005 as Isle of Wight County Public Safety Telecommunicators Week, which he recommended the Board. adopt. .Supervisor .MacManus moved the , Board adopt the following Resolution: RESOLUTION TO RECOGNIZE CYNTHIA BYRD OUTTEN AS THE ISLE OF WIGHT COUNTY PUBLIC SAFETY DISPATCHER OF THE YEAR FOR-2004 1 WHEREAS, Dispatcher Cynthia B. Outten is a dedicated Public Safety employee serving the citizens of Isle of Wight County daily by answering their calls for law enforcement, fire and emergency medical services and by dispatching the appropriate assistance as quickly as possible; and, WHEREAS, Dispatcher Outten is highly skilled, always professional, dedicated and hard working; and,. WHEREAS, Dispatcher Outten has been nominated by her peers as the Isle of Wight County Public Safety Telecommunicator of, the Year for providing overall commitment to duty and .optimum performance of duty in team building, training and support skills; and, WHEREAS, Dispatcher Outten has earned the admiration, recognition and support of her Supervisors and peers, and deserves recognition by the citizens of Isle of Wight County .for her exceptional compassion, professionalism and skills. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED. by the Board of Supervisors of the County of Isle of Wight, Virginia that Cynthia B. Outten, be recognized and honored as .Isle of Wight County Public Safety Telecommunicator of the year for 2004 for her vital contributions to the .safety and well being of our citizens. - The .motion .was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented. a Resolution to Designate April. 17-23, 200j as Volunteer Recognition Week,. which he recommends the Board adopt. Supervisor Bradby moved the Board adopt the following Resolution: i 15 .~ r,,f ~? ...'i RESOLUTION TO DESIGNATE APRIL 17 - 23, 2005 AS VOLUNTEER RECOGNITION WEEK WHEREAS, we are a nation that was founded by individuals who have dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors;~and, WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, WHEREAS, the number of individuals engaging in volunteer work and the important variety of services provided increase each year, providing challenges and fulfillment, rich rewards from helping others, improving skills, and widening one's horizons; and, WHEREAS, it is appropriate to recognize and to honor the numerous .contributions of the many volunteers serving the County of Isle of Wight, as well as this Commonwealth of Virginia, and to join in with State and national leaders to set a special .time for such recognition. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week. of April 17-23, 2005 be designated as Volunteer Recognition Week. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and. Wright voting in favor of the motion, and no Supervisors. voting against the motion. County Administrator Casket' presented an amendment to the Architectural Survey Agreement. Supervisor. Clark moved the Board authorize the Chairman to sign the modified Architectural Survey Agreement pending approval by the County Attorney. The motion was adopted by a vote of (5-0) -with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County .Administrator Casket' notified .the Board that The. Real Smithfield Jaycees lease agreement for the old agricultural building located on Washington Street in Smithfield expires this month, and that they have indicated that they do not have an .interest in extending the lease. He stated staff has recommended that the building be utilized to store equipment/materials for the museum, items at Nike Park, Fort Boykin and .Public Utilities and Public Work items. He noted that the building also has space that would accommodate a workshop to perform minor repair work. 16 1 1 1 Supervisor Clark moved the Board authorize staff to develop a plan and budget for the cleanup,. repair and future use of the building. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no .Supervisors voting. against the motion. 1 County Administrator Caskey presented a draft letter addressed to George E. Wallace, from the City of Hampton which would be included in a book of letters in tribute to Mr. Wallace, former City Manager for the City of Hampton, for his thirty (30) year tenure and the contributions that he made to that locality. . Supervisor Clark moved the Board authorize the Chairman. to sign a letter of appreciation on behalf of the Board. The motion was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey requested the Board's consideration of a memorial tree planting in honor of the late Dr. Jane T. York, former school Superintendent.. . 1 Chairman Bradshaw moved the Board .authorize staff to work in conjunction with the School Board to establish a memorial. tree planting in honor of the late Dr. Jane T. York. The motion was adopted by a vote of (5- 0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting , in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Appointments. Supervisor MacManus moved that the Board accept the resignation of Edith Winn on the Beautification Committee and appoint in her place, Ted Hoagland, to represent the. Smithfield Districf. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 Chairman Bradshaw moved the Board accept the resignation of Brenda Anderton on .the Beautification Committee representing the Carrsville District. The motion was adopted by a .vote of (5-0) with Supervisors MaeManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board reappoint Ronald H. Pack on the Industrial Development Authority representing the Smithfield District. The motion was adopted by a vote of (5-0) with. Supervisors MacManus, 17 .A`i~1~.14~AR7 :l'~ ~ir~..P .MrT Vr+~C4'~i. -"'~fn1 -,, w ~ ...~ ., ~ ..Y .. -. .a. -. ~. ,. ,~. _, .... ._ .. a..-w r a.s _M+'.. n,.t •a ,xaNb-~M'a1.3~fikef`1hmT~Olk~. _ _. 90~K 2J ='"-~~~ Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Old Business. ,. Patrick J. Small, Director of Economic Development, stated pursuant to the Board's action at its annual Retreat, included in the agenda. is the recommended Isle of Wight Workforce Development and Education Center Task Force and Working Group, which contains the additional membership recommended by the Board at its March 17, 2005 meeting. Supervisor MacManus moved the Board .accept the recommendation, and authorize staff to contact the named individuals and organizations. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw called for comments on the Site Plan of Eagle Harbor Tract l0A (Eagle Harbor Shoppes). County Attorney Stroman notified the Board that the meeting between staff and the Breeden Company had occurred; :however, additional discussion is needed, and he recommended that the Board table this matter until the Board's May 5, 2005 meeting to allow that discussion to take place. Supervisor MacManus moved the Board .table the matter until the Board's May 5, 2005 meeting to allow discussions to continue between staff and the developer. The motion was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors votingagainst the motion. // Chairman Bradshaw moved the Board take a ten: (10) minute recess. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no . Supervisors voting against the motion. // Ms. Seward distributed a summary of the items from the Board's budget work session of March 28, 2005. She noted that the adjustments requested by the Board at that -meeting total $38,000 in increases to the proposed FY05-06' Operating Budget. . 18 . ggny.. ~J .. °~ ~~ Regarding the request for additional. personnel. in the Planning and Zoning Department, Chairman Bradshaw noted .concern with exempt. employees who are still working a 37.5 workweek.. He noted that the Pay and Compensation Plan is based on a 40-hour workweek. He requested that the County Administrator investigate the potential of staggering :the employment of new personnel in the Planning and Zoning office. He further requested Mr. Hartley to provide a strategic two (2) year plan detailing how he will be proactive, not reactive. He noted a need for a database containing information with respect to conditions and proffers. Supervisor Clark requested that Mr. Hartley advise the Board how often his. staff is .available to inspect Founder's Pointe and -Eagle Harbor, and to advise the Board how he intends to bring these-new personnel on-board. Chairman Bradshaw moved that the Board direct staff to do a review of staff for the Planning and Zoning Department, and provide recommendations for increasing that. staff based on the concerns expressed by the Board, which include on-site inspections with developers as activity is occurring and all developments that have Conditional Use Permits and proffers, and how inspections can take place. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. .Regarding the Human Resources Department budget, the Board concurred with allocating an additional $4,000 for background checks. Regarding the Fire and Rescue budget, the Board concurred. with allocating an additional $2,500 for Carrsville and $2,3b2 for Carrollton. Regarding the request from the Suffolk Shelter for the Homeless, the Board concurred with allocating an additional $1,000. Under the Hazard Mitigation Grant Program, the Isabel local match, the Board concurred with allocating an additional .$3,546. Regarding the issue of PrimeMedia video options for -the County's PEG channel, Supervisor MacManus requested that Ms. Seward set aside $15,000. Regarding the School Board's budget request, Supervisor MacManus moved that the Board authorize a joint.Finance Committee meeting with the school administration the week of April 18`h . The motion was adopted by a vote of (5-0) with Supervisors NlacManus, Bradby, Bradshaw, Clark. and Wright voting in favor of the motion, and no Supervisors voting. against the motion. Supervisor Wright moved the Board advertise a public hearing. for the budget in the amount. of $77,443,509, with all tax rates to ..remain the same. 19 y,».en+'+r;~*.~.r r v~..„,.-,,..... >n,>:-,., .. _.-_,.. ,..,., ". ..,. ,.. ,,. -, .,- _.:-.~~~. ... ._. ~... _.. ..,,. -... .._.. ».., .<. ,. ,.,-nw~:.., .az.~,~. ~a,,n-?wvv9».N~pr:f.~see+g+fw,X+i* The motion -was .adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Supervisor MacManus moved the Board direct Ms. Seward to place the funding requests for PrimeMedia, Planning and Zoning positions, school administration, and $30,000 fora 1/2% increase in salary to employees to be reconsidered by the Board during future budget discussions. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and. Wright voting in favor of the motion, and no Supervisors voting against the motion. . // Chairman Bradshaw called for New Business. Chairman Bradshaw called for discussion on the Blackwater Regional Library,,which was continued under .Special Presentations. Supervisor Bradshaw moved the Board direct staff to .review the considerations and concerns addressed by the Board with respect to the future of the County's. involvement with the Blackwater Regional Library; provide a recommendation as to how the County should moveforward from this point, to include a timeframe; that staff provide notice in June, 2005 that the County wishes to withdraw; establish a committee of staff and the County's three (3) Library Board members, Emma Jean Brady, and a .school .administration representative. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw called for discussion on the issue of PrimeMedia video options .for the County's. PEG channel, which was continued under Special Presentations. Chairman Bradshaw moved the Board direct the County Administrator and staff to make a recommendation on how t+~ proceed, to include a timeline of what is and is not covered. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. County Administrator Caskey noted that the Board might recall that he had .previously sent correspondence relative to the development of a Hampton Roads military television show. Supervisor Clark moved the Board .direct the County Administrator to invite the appropriate representative to discuss the program that markets the military community in Hampton .Roads with the Board. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, 11 1 20 ,~ Clark and '~~'right voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus advised that survey work recently. completed in the Town of Smithfield indicated .that the Isle of Wight monuments are out, both horizontally and vertically, from a surveying standpoint. He requested D that Planning and Zoning staff look into the matter and report back to the Board. Supervisor Clark moved the Board direct .staff to review the information presented from the Smithfield Town Council to determine if Isle. of Wight's system of monuments are out of place horizontally and vertically from a surveying standpoint. The motion was adopted by a vote of (S-0} with. SupervisorsMacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus informed the Board that the action. taken by the Town of Smithfield to change its water and sewer rates will affect the current water agreement between the Town and the. County, and that he would recommend .staff review the. agreement and report back to the Board on any impacts this action may have on the agreement between the County and the Town. Supervisor MacManus .moved the Board direct the County Attorney, Mr. Rountree and Mr. Grant to review. the. current water agreement, and provide the Board with a report on any impacts to the contractual agreement with the Town of Smithfield. The. motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 Supervisor MacManus moved the Board direct staff to evaluate. the Bicycle and Pedestrian .Committee, and provide a recommendation to the Board on a plan. of. action to revitalize- the Committee. _The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board direct staff to review the current work week versus a proposed. 40-hour work week; bring .back a recommendation; and, investigate if the latest Pay and Classification Plan was based on a 37.5 hour work week or a 40-hour work week. The motion was adopted by a vote of (5-0) tivith Supervisors MacManus, .Bradby, Bradshaw, Clark and Wright. voting in favor of the motion, and no Supervisors voting against the motion. I/ -~ .:. 23 1~~ County Attorney Stroman requested a Closed Meeting pursuant to Section 2.2-3711.A.1 and A.7 under the Freedom of Information Act concerning a personnel matter requiring legal advice and discussion of the policy for records checks; under Section 2.2-3711.A.3 concerning acquisition of real property for a public purpose in connection with economic development activities; under Section 2.2-37,11.A.3 regarding legal advice in regards to the settlement of probable litigation arising out of the granting of a zoning variance; under Section 2.2-3711.A.7 relative to legal advice regarding probable litigation related to the payment of proffers to~the County by the towns; under Section 2.2-3711.A.1 and A.7 concerning a personnel matter and legal advice related to codes enforcement policy; under Section 2.2-3711.A:1 concerning a personnel item; under Section 2.2-3711.A.7 relative to legal advice concerning an issue involving the Freedom of Information Act; and, under Section 2.2-3711:A.1 relative to a personnel matter requiring the advice of counsel relating to the performance of County staff. . Supervisor Wright moved the Board enter the Closed Meeting for the ` reasons stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, .Clark and. Wright voting in favor of the motion, and no Supervisors voting. against the motion. Supervisor Wright moved the Board return to open session. The motion was. adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of .the motion,. and no Supervisors voting against the motion. County Attorney Stroman noted for the record that the Board did not discuss one (1) of the personnel matters during the Closed Meeting. Supervisor Clark moved the Board adopt the following Resolution: 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.D 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 22 ~~I II I] aaor 23 ,N_:~~~ in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor MacManus moved that the Chairman be authorized to enter into the Settlement Agreement with Mr. Batten. The motion was adopted by a vote of (S-0) with Supervisors .MacManus, Bradby, Bradshaw,. Clark and Wright voting in favor of the motion, .and no Supervisors voting against .the motion. // Supervisor MacManus notified the Board that Attorney William Riddick has advised him that there will be representatives present following the Board's Town Meeting on April 13, 2005 to address those in attendance about the new sewage facility proposed for the Lawnes Point development. // At 10:05 p.m., Supervisor Bradby moved the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with .Supervisors. MacManus, Bradby, Bradshaw, Clark -and Wright voting in .favor of the motion, arid no Supervisors voting against the motion. p A. Bradshaw, Chairman W. Dougl Ca ey, Clerk 23 er. ~_ _ , _, _~ .. _ .. , ~ r..,. , „ _. N ~. ~ ,