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10-06-2005 Regular Meetingi 90~N `', '~.~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD QF SUPERVISORS HELD THE SIXTH .DAY OF OCTOBER IN THE YEAR ~ TWO THOUSAND AND FIVE PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator! Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 4:00 p.m. // Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Bradshaw called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Under Special Presentations, add Item (E), School Board's request for Operational Funding to be moved from later in the agenda; under Consent Agenda, pull Item (A); under .Item (9), Economic Development, pull the report on .Workforce Development; add seven (7) additional items under Closed Meeting, .consisting of six (6) personnel matters, and one (1) matter pertaining to the acquisition of real property for a public purpose; pull Items (D), (G), (I), (K), (L), (M), (N), {O), (Q) and (R); and, under New Business, add six (6) matters.. Supervisor Wright-moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the .motion. 1 Chairman Bradshaw called for Special Presentations. The following individuals were. recognized by the Board for five (5) years of service: Louise Rawls; Denise Powell; .Jennifer Faust; Shawn Wrenn; Amy Evans; Faye brewery; Donald Long; Benjamin Chappell; Julia , Simmons; Robert Watkins; Tony Wilson; and, Thurman Battle. The following individuals were recognized by the Board for ten (10) years of service: Anne Seward; Jeffrey Storm; and, Glenn Cook. The following individuals were recognized by the Board for fifteen (15) years of service: Donald Robertson; William Wagner; and, Grizelle Joyner. Beverly Walkup and Melinda Goodwyn were recognized by the Board for twenty (20) years of service. 1 Sandra Robinson was recognized by the Board for thirty (30) years of .service. Sam Glasscock, Chairman of the Board, Obici Health System, briefed the Board on ,the proposed merger of Obici Health System and Sentara Healthcare. He stated that the final details of the agreement to merge are anticipated to occur within the next sixty (60) days, followed by regulatory approval from the state and federal authorities. Sheriff C. W. Phelps formally introduced Jason Grey who briefed the Board on the process used in addressing a recent power outage incident at the Emergency Communications Center. Sheriff Phelps stated that it was reported in the newspapers that the center was inoperable for twelve (12) hours; however, the center was only down for thirty (30) minutes, and it was the ability to transfer the data from the communications center to the Smithfield Police Department that was delayed for twelve (12) hours. Glenn Rountree, Extension Agent, briefed the Board relative to significant yield losses in soybeans and pastureland .due to the lack of precipitation in the County. Supervisor Wright moved the Board adopt the following Resolution Requesting the Governor to Designate the County as an Agricultural Disaster Area: 1 RESOLUTION TO REQUEST THAT THE GOVERNOR DECLARE ISLE OF WIGHT COUNTY AN AGRICULTURAL DISASTER AREA 2 eoaK 23 .; :~4~;1~ WHEREAS, Isle of Wight County, Virginia has experienced severe drought conditions in the summer of 2005; and, • WHEREAS, said drought has severely damaged the. soybean crop and .:.pastures in Isle of Wight County; and, WHEREAS, the crop and pasture damage will create an economic hardship on those farmers negatively impacted. by the drought conditions. NOW, THEREFORE, BE IT AND IT IS HEREBY .RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia. requests the Governor of the Commonwealth of Virginia to designate Isle of Wight County an agricultural disaster area for the purpose of being eligible .for .low interest loans and/or other disaster aid. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, .and no Supervisors voting against the motion. Dr. Michael W. McPherson, Superintendent of Isle of Wight County Public Schools, presented a request for additional FY'OS-06 operational funding. He .advised the Board that .both the: northern and southern areas of the County have. experienced an increase of 240 students over the previous year. He advised additional elementary teachers are needed at Windsor. and Carrollton Elementary Schools; that Hardy Elementary School is near the point of needing an additional teacher; an additional teacher is needed at Windsor High. School; an additional math teacher is needed at Smithfield High School; and, there are currently over thirty (30) students in Social Science, English and Earth Science classes at Smithfield High School. He requested that the appropriation from the state due to the increase in students be increased for the school's appropriation, and that the Board also consider meeting any of the other. needs in the other school sites out of local dollars. He stated in order. to get the class sizes down at Smithfield High School, and to address the additional. position at the Westside Elementary School, the School Board is requesting an additional $120,000 in local funding, with $250,000 being received from state. dollars. Supervisor .Wright. inquired how many students attend. County schools who. reside outside of the County. Dr. McPherson stated that he did not know the exact figure, .but the only students who live out of district that attend County schools .without paying tuition are employee's students. He stated out-of-district students now pay what it actually costs to educate a student in the County, and it is now a misdemeanor for parents to be untruthful about residence in order to enroll their child in County schools. He stated the growth in the County in the past was flat; however, he anticipates growth like this will continue for a number of years in the County. i 1 1 1 3 9o~K ~`~ ~~,~~ D Chairman Bradshaw moved the Board direct staff to prepare the proper documents for the Board's October 20, 2005 meeting to approve the request to increase the State funding for -the additional teachers (approximately ~ ' $250,000) and provide information to the Finance. Committee and staff. to review the second request for additional teachers, which would be 100% local funding. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no ` Supervisors voting against the motion. Dr. McPherson notified the Board that staff is anticipating a shortage in ..the fuel and natural gas accounts. 1 Chairman Bradshaw further moved the Board direct the fuel issue, to include natural gas, to the finance staff of both the school administration .and the County, and that they come back at the appropriate times when funding is needed. The motion was adopted by a vote of (4-0) with Supervisors Bradby, .Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Liesl R. DeVary, Director of Budget and Finance, presented a Resolution to Appropriate Funds for School Carryover Obligations for the Board's consideration.. She stated. the school administration is requesting roll-over of $427,444, of which there are. three (3) purchase orders that staff has not reviewed. She stated staff recommends that these monies be appropriated from the construction of the Smithfield Middle School. Supervisor Wright moved the Board adopt the following Resolution, and that additional questions be sent to the two (2) Finance Committees and staff to review and report back to the Board:. RESOLUTION TO APPROPRIATE FUNDS FOR SCHOOL CARRYOVER OBLIGATIONS WHEREAS, the Board of Supervisors of the.County of Isle of Wight, Virginia has approved the appropriation of carryover funds to cover approved expenditures from the School Operating Fund Balance at June 30, 2005 to the FY 2005-06 School Operating Budget; and, WHEREAS, the funds in the amount of three hundred sixty-five thousand one hundred dollars ($365,100) is available in the School Operating Fund Balance and has been approved for appropriation to the FY 2005-06 School Operating Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that three hundred sixty five thousand one hundred dollars ($365,100) from the Fund 4 .Balance of the School .Operating Fund be appropriated to the FY 2005-06 School Operating Budget of the County of Isle of Wight. • BE IT FURTHER RESOLVED that the County Administrator of the County. of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against. the motion. Ms. DeVary presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for Construction of the New Smithfield: Middle School for the Board's consideration. Supervisor Clark moved the Board adopt the following Resolution:, RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR CONSTRUCTION OF THE NEW SMITHFIELD MIDDLE SCHOOL WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized funding for the construction of a new Smithfield Middle School. and the renovation of the existing Smithfield. Middle School to an Elementary School, and; WHEREAS, .funds in the amount of five hundred thousand dollars ($500,000) need to be appropriated from -the Unappropriated Fund Balance of the General Fund to the FY 2005-06 School Capital Projects Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors. of the County of Isle of Wight, Virginia that five hundred thousand dollars ($500,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2005-06 School Capital Projects Budget. 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 (4-0) with Supervisors Bradby,. Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Resolution to Appropriate Carryover Funds for School Textbook and Health Insurance Expenditures: 5 opn~ 2`~ .~ ~ ~~ Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE CARRYOVER FUNDS FOR SCHOOL TEXTBOOK AND HEALTH INSURANCE EXPENDITURES i WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of textbook and health insurance funds to the School Board to cover expenditures incurred during FY 2005- 06; and, WHEREAS, funds in the amount of four million six hundred thirty- four thousand eight hundred thirty dollars ($4,634,830) need to be appropriated from the textbook and health insurance fund balances in the amounts of six hundred thirty two thousand one hundred thirty three dollars ($632,133) and four million two thousand six hundred ninety seven dollars ($4,002,697) respectively to cover approved expenditures in the noted -funds to be incurred in the FY 2005-06 Operating Budget of the County of Isle of Wight, Virginia. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that four million six hundred thirty four thousand eight hundred thirty dollars ($4,634,830) be appropriated from the textbook and health insurance fund balances in the- amounts of six hundred thirty-two thousand one hundred thirty-three dollars ($632,133) and four million two thousand six hundred ninety-seven dollars ($4,002,697) respectively to the FY 2005-06 School Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // 1 Chairman Bradshaw indicated the Consent Agenda included the following items: B. 2005 Isle of Wight County Fair C. Historical Marker -Fort Huger E. CIP FY 2007-11 Kick-Off 6 ~c~r ~~ , ~,~.~~ F. Resolution to Appropriate Funds from the Designated Fund ~ Balance for the Completion of Various .Carryover Operating and Capital. Projects H. Resolution .Authorizing the Execution and Delivery of A Continuing Disclosure .Agreement in Connection With the Issuance by the Virginia Public School Authority of its School Financing Bonds (1997 Resolution) Refunding,Series 2003 D, A Portion of the Proceeds of Which Refunded. the County of Isle of Wight General Obligation School Bonds, Refunding Series 1994. A; and Authorizing Any Other Actions Necessary to Achieve the Objectives Contemplated Hereby P. County Signage Policy S. .September 1, 2005 Regular Meeting Minutes Supervisor Clark moved .that the Board adopt the Consent Agenda, as amended, with Items (A), (D), (G), (I), (J), (K), (L), (M), (N), (O), (Q) and (R) removed. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Regarding Item (D), REVMAX Program Update, Supervisor Clark moved the Board accept the report. The motion was adopted by a vote of (4- 0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Regarding Item (G), Resolution to Accept and .Appropriate.. One Million Three Hundred Thirty-Eight Thousand Two Hundred Sixty-Five. Dollars from the State and Federal Government. for Carryover Grant .Programs, Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ONE MILLION THREE HUNDRED THIRTY EIGHT THOUSAND TWO HUNDRED SIXTY FIVE DOLLARS FROM THE STATE AND FEDERAL GOVERNMENTS FOR CARRYOVER GRANT PROGRAMS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received grant funding for various grant programs; and, .WHEREAS, the following funds in the amount of one million three hundred. thirty-eight thousand two hundred sixty-five dollars ($1,338,265) need to be accepted and appropriated to the. 2005-06 Operating Budget of the County of Isle of Wight, Virginia: 7 ~n,:r ?~ . 4q9 . ,. Grant State Federal DMV Selective 2,509.40 ,Enforcement Home Program 277,953.17 V_-Stop ____ _______ 7,841.19 Homeland Securi 113,788.20 Truancy Reduction 19,862.54 Hazard Mite ation ~------- 165,765.50 661,234.20 ` Emergency 1,782.30 'Management Perform. _______ ~ Get Alarmed Program Central Count P k 1,2_50_.00 y ar 32,704.99 IVA Port Authority ~ _ e Emergency Services - 29,850.00! IEguip ~ 312.91 ~ r - jDEQ (Oil Clean-up) _---------~ ----------1 ~_ ~ _ 23,411.041 5255.076.74; _ 1.083,188.70 0 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the amount of one million three hundred thirty-eight thousand two hundred sixty- five dollars ($1,338,265) to be received. from the above grant programs be accepted and appropriated to the appropriate line. items in the 2005-06 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things. necessary to give this resolution effect. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the .motion, and no Supervisors voting against the motion. Regarding .Item (I), Status Report - School Appropriations by Category, Chairman Bradshaw stated that the Board of Supervisors. had approved the School Board budget by category, and that all requests for funding by the school administration to the Treasurer must state the category from which the funds are being requested. County Attorney Stroman clarified that the County's appropriation to the School Board was by category, and the funds must only be spent in the categories for which the appropriations have been made.. He stated the 8 ._:, ?3 ~,:~500 question is the extent to which the Board of Supervisors has a comfort level as to whether the funds are being properly tracked, and whether the request should be on the front end. or the back end. Chairman Bradshaw moved .that when the school administration. requests the Treasurer to disburse funding, that the request be by category. The motion was adopted. by a vote of (4-0) with Supervisors Bradby, .Bradshaw, Clark and Wright voting in favor. of the .motion,. and. no Supervisors voting against the motion. Regarding Item (J), Resolution to Accept and Appropriate Funds from the U.S. Department of Justice for the COPS 2005 Technology Grant, County Administrator Caskey stated pursuant to Supervisor Clark's request, he had prepared a summation of the four (4) grants contained in the. Board's Consent Agenda, to include the grant title, its attributes, description, award amount, cash amount, in-kind amount, and the administrative cost. Assistant County Administrator/Administration Seward advised that the Department of Budget & Finance monitors ah grant applications for accuracy and that the County's .compliance with grant terms can be adequately monitored. She stated upon award of the grant, all expenditures are controlled by staff to ensure that they are for the purposes stated in the grant, and authority from the grant administrator is .solicited before any. purchases are made, She. stated the Department of Budget and Finance is not involved with the operational reports involving any service to be provided, or any benchmarks to be achieved. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE U.S. DEPARTIvIENT OF JUSTICE FOR THE COPS 2005 TECHNOLOGY GRANT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has been awarded funding from. the U.S. Department of Justice for the COP5 2005 Technology grant; and, w WHEREAS, funds in the amount of twenty .four thousa~id six hundred sixty six dollars ($24,666) or so much as shall be received needs to be accepted and appropriated to the appropriate line items in the FY 2005-06 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that twenty four thousand six hundred sixty six dollars ($24,666) or so much as shall be received from the U.S. Department of Justice be appropriated to the appropriate line items in the FY 2005-06 Operating Budget of the County of Isle of Wight,. Virginia. 9 :~: ~? ..~~cs ii BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting. adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting. against the motion. Regarding Item (K}, Resolution to Accept and Appropriate Selective Enforcement Grant Funds in the Amount of $10,000 from the Virginia Department of Motor Vehicles, Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SELECTIVE ENFORCEMENT GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized an application for funding for the DMV .Selective Enforcement Grant; and; 1 WHEREAS, grant funds in the .amount of ten thousand dollars ($10,000), or so much as shall be received .from the Virginia Department of Motor Vehicles needs to be accepted and appropriated to the FY 2005-06 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that grant funds in the amount of ten thousand ($10,000}, or so much as shall be received from the Virginia Department of Motor Vehicles be appropriated to the appropriate line item in the FY 2005-06 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. The. motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. 1 Regarding Item (L), Resolution to Accept and .Appropriate Grant Funds in the Amount of $1,500 from the Virginia Department of Motor Vehicles, Supervisor Clark moved the Board adopt the following Resolution: 10 a~<<~ 23 ~ ~-5Q2 RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM. THE VIRGINIA DEFARTMENT OF MOTOR VEHICLES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received notification of award from the Virginia Department of Motor Vehicles; and; WHEREAS, grant funds in .the amount of one thousand five hundred ~ dollars ($1.,500), or so much as shall be received. from the Virginia. Department of Motor Vehiclesneeds to be accepted and appropriated to the FY 2005-06 Operating Budget of the County. of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that grant funds in the amount of one thousand five hundred dollars ($1,500), or so much as shall be received from the Virginia Department of Motor Vehicles be appropriated to the appropriate .line item in the FY 2005-06 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the .appropriate accounting adjustments and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and .Wright voting in favor of .the motion, and. no Supervisors voting against the motion. Regarding Item (M), V-Stop Grant, Supervisor Clark inquired if Ms. Seward was satisfied that the grant was being administered properly. Ms. Seward replied that the grant is being administered properly from a financial aspect; however, operational reports. are done by the department managing the grant. Supervisor .Clark stated on all items requiring a signature from a County official, County staff needs to be involved at some level to ensure that the grant is being administered correctly. Supervisor Clark moved the Board approve, and direct staff to come back at the Board's October 20, 2005 meeting to address qualitative monitoring of the grant on a periodic basis, The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in .favor of the motion, and no Supervisors voting against the motion. Regarding Item (N), Resolution to Authorize the Solicitation of Proposals for Non-Professional Services for Affordable Housing :Strategy, Chairman Bradshaw moved the Board table the Resolution, and direct staff to make a presentation on the Request. for Proposal, to include an overview on 11 90~K 2•, ~• .~~t.iv u affordable housing, to include State requirements and what the County is trying to accomplish, at the Board's October 20, 2005 meeting. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark .and Wright voting in favor of the. motion, and no Supervisors voting against the motion. Regarding Item (O), .Resolution to Authorize the Solicitation of Proposals for Non-Professional Services for Access Control Systems, Supervisor Clark requested that Richard O. Childress, Director of Emergency Management, report back to the Board following receipt of the proposals to advise the scope of the proposals, what is planned to be done, and any long- term. costs to maintain the system in the future. Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR NON-PROFESSIONAL SERVICES FOR ACCESS CONTROL SYSTEMS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has determined that it is appropriate to solicit the services of a vendor to design and- implement an access control system for Isle of Wight County, Virginia and the Town of Smithfield, Virginia; and, 1 WHEREAS, County staff will need to discuss and negotiate the scope of services, as well as determine the experience and overall competencies of potential vendors. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2,2- 4303.C (1950, as amended), authorizes County staff to conduct competitive negotiation through a request for proposals for the needed services noted based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these services. The motion was adopted by a vote of (4-0) with Supervisors Bradby,. Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Regarding Item (Q), Resolution to Revise the Isle of Wight .County Travel Policy, Supervisor -Clark moved the Board adopt the following Resolution: 1 RESOLUTION TO REVISE THE ISLE OF WIGHT COUNTY. TRAVEL POLICY 12 WHEREAS, in an effort to .further enhance Isle of Wight County's regulations which provide a systematic means to ensure fair and equitable treatment of employees related to County business, as well as ensure that ~ expenses .are controlled •for the purposes of economy, the Board of Supervisors of Isle. of Wight County, Virginia adopted the County Travel Policy on February 4, 1999, with further. revision in December, 2002, and; WHEREAS, Chapter 7, Section 1.9 b needs to be amended to reflect an adjustment to the County's travel reimbursement rate as follows: For use of a private vehicle, the traveler will be reimbursed at the mileage rate consistent with the rate established by the Internal Revenue Service plus parking. and toll fees if documented with receipts. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the recommended revisions to the Transportation-Personal Vehicle section of the County Travel Policy be adopted. i s The motion was adopted. by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and. no Supervisors voting against the motion. Regarding Item (R), Resolution to Amend the County Personnel Policy, Article X, Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO AMEND THE COUNTY PERSONNEL POLICY ARTICLE X WHEREAS, the Isle of Wight County Personnel Policy Manual. addresses procedures concerning provisions for selection of applicants; and, WHEREAS, the following amendment to the Selection Policy is necessary to clarify the policy. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the Personnel Policy. Manual, Article X, Section 10.4 be amended to read as follows: Section 10.4 Selection 13 ~,, 23 .. 5 t35 The ,County Administrator or his/her designee shall review all applications for employment to determine .whether the applicant meets the established standards of employment. In addition, as is consistent with the requirements of the Va. Code § 15.2-1509, a .veteran's military service shall be taken into consideration during the selection process, provided that such. veteran meets all of the knowledge, skill, and ability requirements for the position. Additional consideration shall be also given to veterans who have a service-connected disability rating fixed by the United States Veterans Administration. For purposes of this section, a "veteran" shall mean -any person who has received an honorable discharge and has (1) provided more than 180 consecutive days of full-time, active-duty service in the armed forces of the United States or reserve components thereof, including the National Guard or (2) has aservice-connected disability rating fixed by the United States Veterans Administration. When appropriate, examinations may be used which may be written or oral or a combination thereof. Such tests shall relate to the duties and responsibilities of the position for which the applicant is being examined. Only applicants meeting class specifications for the position will be refereed to the department director. The department director shall make a selection from among the applicants referred .and shall notify the County Administrator's office of his/her decision as soon as a selection is made. 1 The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Regional Reports. Chairman Bradshaw reported that the major. topic of discussion at the last meeting of the Hampton Roads Economic Development Alliance was the BRAC report. Chairman Bradshaw reported that. Judy Begland with Opportunity, Inc. provided a presentation on future workforce efforts. Chairman Bradshaw reported the last meeting of the Hampton Roads Mayors and Chairs Caucus was hosted by the .City of Franklin.. He stated Delegate Paul Councill was recognized and Senator Russell Potts addressed the Caucus. Chairman Bradshaw stated that the. issue of homelessness in the southside was discussed at the last meeting of the Southside Mayors and Chairs. 14 23 . ~ aQ~ ao.a Supervisor Wright advised that the Superintendent of the Western Tidewater Regional Jail would be at the Board's October 20, 2005 meeting to ~ address the Board concerning financial aspects of that facility. Supervisor Clark reported that BRAG and transportation issues were discussed at the last meeting of the Hampton Roads Chamber of Commerce. // Chairman Bradshaw called for Transportation Matters. Sheriff C. W. Phelps advised the Board about an accident that occurred recently at Tormentor Lake which resulted in a .fatality. He requested the support of the Board for VDOT to perform a speed limit study on that roadway. Supervisor Clark moved the Board direct staff to relay the Sheriff s concerns to VDOT to see if anything can be done from an engineering aspect to solve the problem. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley advised -the Board that Mr. Mike Dangerfield would be present at the Board's October 20, 2005 meeting to discuss the James River. Bridge. /1 Chairman Bradshaw called for Citizen's Comments. .Cecil. Goodwin of 507 Oakland Drive in Chesapeake requested the Board allow him a 90-day extension in order to continue to clean up his father's property located on ILing's Cove Way. He submitted a letter detailing some of his reasons for the delay in having the property cleaned up. Albert Burckard of Titus Point Lane addressed the Board concerning a proposal to demolish the old jail building. Chairman Bradshaw notified Mr. Burckard that the Board has no such plans to demolish the old jail building. Jerianne :Gardner, Isle of Wight Historical Society, notified the Board that the Society desires to be listed under the community program for the County with respect to the 2007 :Jamestown projects. Supervisor Clark moved the Board table the matter and that it be discussed further under Old Business. The motion was adopted by a vote of 15 aonM 2? ~ . ~5l~7 (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. D Ms. Gardner. also requested that the Board have the property at Fort Huger designated as a state archaeological site/zone which would allow the County to install "No Trespassing" signs to protect the site from vandalism. She further requested that a conservation easement be designated so that grants can be obtained to initiate work on the site. Chairman Bradshaw moved the Board table the "matter for discussion later under Old Business. The motion was adopted by a vote of (4-0)~with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the. motion, and no Supervisors voting against the motion. Thomas Finderson of the Newport District notified the Board that the Director of Parks and Recreation has advised that the Isle of Wight Historical Society would not be listed on the 2007 Jamestown Program. 1 1 Lois .Chapman of 15 Peterson Avenue in Smithfield, appeared representing, the "Concerned Citizens for CASA." She volunteered the services of this group over the next six (6) months while the County reestablishes a healthy CASA Program. She requested that the Board take the necessary steps to assure. that staff will welcome citizen input and participation. Jo Weaver 21180 Sandpit Road in Zuni addressed her concern with. the proposed route of the Route 460 Realignment Study which is proposed to go over her home. She stated she understands that someone is going to lose their land; however, she wants. the proposed route to be a considered decision based on all the factors. Chairman Bradshaw advised Ms. Weaver that the only communication that the Board has had with VDOT concerning the proposed alignment is through letters which expressed the Board's concerns with residences, wetlands, environmental, and the Agricultural Forestal District. He stated VDOT is continually changing its plans, and is now proposing five (5) alignments. He stated that the Board shares Ms. Weaver's concerns because it has had very little involvement with this process. James Cobb addressed his concern with the proposed route of the Route 460 Realignment Study. He requested that. the Board rethink its recommendation to VDOT as stated in a letter dated September 22, 2005, from the Board. He stated he did not believe that there is $7.8 million in rear estate on Mill Creek Road, nor is $687,000 a correct amount for the impacted. farmland. Herb DeGroft of Mill Swamp Road stated there have been six (6) successful meetings across the County on the new Medicare Prescription Part 16 80QM. 2J :.t,.~LjC7 (D) that will be going into effect January, 2006. On another subject, he cautioned that the School Board should look within its own budget to determine where cost savings can be achieved before requesting additional funding from the County. U Chairman Bradshaw moved that the Board take a recess. The motion was adopted by a vote of (4-0) with Supervisors Bradby, • Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against. the motion. .' Chairman Bradshaw moved the Board .return to open session. The. motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and. no Supervisors voting against the motion. // Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman stated pursuant to the Board's direction, he had prepared a request for an informal written .opinion to the Attorney General relative to deed tagging.. He advised that he has doubts as to-the feasibility of it, and believes that state legislation is the most appropriate method to address the issue. Supervisor Clark moved the Board authorize the County Attorney to send the letter prepared by him to the Attorney General requesting a legal opinion if the County can impose. a requirement that a notation be made on a deed when the land has received an application of biosolids. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, .Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion County Attorney Stroman stated with respect to the previous contract the Board entered into with Diversified Ambulance Billing, Inc., he is further requesting that the Board authorize the Chairman to also enter into a Business Associate Contract with Diversified Ambulance Billing, Inc.. in order to comply with the Health Insurance. Affordability and Accountability Act. Supervisor Wright moved the Board authorize the Chairman to execute the Business Associate Contract with .Diversified Ambulance Billing, Inc.. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of .the motion, and no Supervisors voting against the motion. 17 County Attorney Stroman requested the Board authorize the County Administrator to authorize certain documents contained in the Ambulance Enrollment Package.. 1 Supervisor Wright moved the .Board authorize the County Administrator to execute the various documents contained in the Ambulance Enrollment Package. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in -favor of the motion, and no Supervisors voting against the motion. Supervisor Wright advised that staff has not done a good jolt on explaining ambulance billing to the residents of the Town of Windsor. County Attorney Stroman reported that he has received a proposed deed from the Attorney General's Office far the Camp Washington property, and that he is proceeding with a title search and obtaining title insurance. He stated that he anticipates bringing it back to the Board for recording in the near future. County Attorney Stroman advised the. remainder of his items would be discussed with the Board later in the meeting under the Closed Meeting: // 1 1 Chairman Bradshaw called for the Community Development Report. Jonathan W. Hartley, Director of Planning and Zoning, stated pursuant. to the Board's direction that he revisit the Route 460 Location Study in Isle of Wight County, he has included in the Board's agenda a brief summary of the Study illustrating the County's actions to date, as well as an analysis of the general alignment and associated issues, to include the residential development and the Knoxville Agricultural Forestal District. He stated CBA #2 is the appropriate corridor for the County to support, and the Knoxville Agricultural Forestal District is unique with respect to legislation as one of the key provisions in that once an agricultural district is created, if there is an impact. to that district by a state. or federal project that will require the acquisition of land, a Notice of Intent must be filed with the County ninety (90) days before the intent to do it. He stated there are impacts associated with the proposed and revised alignments by VDOT, and he would recommend that the Board defer making any further decisions in terms of the .Knoxville Agricultural Forestal District. He stated once staff knows what the Commonwealth. Transportation Board is going to do, staff can initiate an evaluation of the process; or immediately following the CTB's decision, staff can wait until the renewal time of the Knoxville Agricultural Forestal District in 2011; or staff can wait until the County receives a notice that VDOT intends to acquire. He stated following any of the intervals, he would recommend that staff initiate a collaborative process involving the Knoxville 18 ?tt.j~ ~•~ ... ~~Q Agricultural and Forestal District, the agricultural community, the resident,. staffs and VDOT to sort out the details. Chairman Bradshavd' moved .that the Board direct staff to prepare a letter for signature by the Chairman to VDOT informing VDOT that the County is rescinding all previous correspondence sent to them, and that this Board at this time can not-make any informed decision with respect to a proper alignment due to not receiving proper communication and documentation from VDOT; that in the interim since the Corps. of Engineers has submitted a report recommending CBA #2, this Board will endorse CBA #2 with a change that instead of proceeding north of the Town of Windsor that the alignment follow a southern route of the Town of Windsor, with an exchange at the County's industrial park; that the Board requests that when VDOT makes its decision on the alignment and when the new proposed road comes through the County, that it limit wetlands and environmental impacts, that it limit the impact to residential. neighborhoods and subdivisions, and the impact to the Knoxville Agricultural Forestal District and any impact on agricultural lands. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley presented a request from staff for funding to cover additional contractor service for property maintenance at 23274 Kings Cove Way... He advised that the County's Codes Enforcer has been attempting to have the property cleaned up for the past three (3) years. He recommended that because of Mr. Goodwin's request under Citizens Comments that the Board allow him a 90-day extension, .that the Board table or withdraw the matter. Supervisor Clark moved that the Board concur with Mr. Hartley's .recommendation to allow the Codes Enforcement Officer to work with the. property owner until January, 2006; that the Board .accept Mr. Goodwin's letter as a commitment; and, that staff bring the matter back to the Board. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of .the motion,. and no Supervisors voting against the motion. Supervisor Clark further moved that Mr. Hartley and the County Attorney meet to discuss if there is a need for the County to amend its policy to allow a court option versus having the County clean the property and then bill the property owner. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. /I Chairman Bradshaw called for the Economic Development report. A 19 _~~.. ~`~ -~11 Chairman Bradshaw stated the item contained in the agenda .with respect to an update on the County's Workforce Development Efforts was removed from the agenda, and was not discussed by the Board. [1 Rachel M. Morris, Rural Economic Development Manager, stated pursuant to the Board's action at its meeting in .May, 2005 to adopt the Purchase of Agricultural Conservation Easement (PACE) Program, the County Attorney has prepared the bylaws for the PACE Committee, and the Board -.may now proceed with the appointment of members to serve on the Committee. Supervisor Wright moved the following individuals be appointed to serve on the PACE Committee: Tom Alphin/agribusiness industry; Pete Carr/Agricultural lending; Brian Babb/farmer; Jimmy Oliver/farmer; and, Dee Dee Darden farmer and small business owner.. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for the Emergency Management report. 1 Richard O. Childress, Director of Emergency Management, provided the Board an update of the switchover activities associated with the new safety radio system.. Mr. Childress presented the Health Insurance Portability .and Accountability Act (HIPAA) Privacy Rule Compliance Plan which has been reviewed by the County Attorney for the Board's consideration. Supervisor Wright moved that the Board adopt the Privacy Rule Compliance Plan. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. I/ Chairman Bradshaw called for the County Administrator's report. 1 County Administrator Caskey presented a Resolution of Appreciation to Henry H. Bradby Upon the Completion of his Services to the Isle of Wight County Board. of Supervisors for the Board's consideration. Chairman Bradshaw moved the Board adopt the following Resolution: Resolution of Appreciation Henry H. Bradby Upon the Completion of his Services to the Isle of Wight County Board of Supervisors 0 20 p^^~ 2'3 . ~.:~~2 Whereas, Henry H. Bradby served faithfully and selflessly for thirty years as a valued .member of the Board of Supervisors of Isle of Wight County, Virginia representing the Hardy District, from .January 1, 1976 to the end of his current term. on December 31, 2005, providing exemplary leadership as Board Chairman the years of 1987 through 1992, 1997, and 2001; and, Whereas, Supervisor Bradby has been a catalyst to promote and enhance successful community, regional and State partnerships, to include, but not limited. to, his service as a founding member and President of the Rushmere Fire Department, his forty years of service as Deacon. and Trustee at First Gravel Hill Baptist Church, his twenty-four years of service to the Senior Services of Southeastern Virginia, and participation in the Hampton Roads Planning District Commission and Mayors and Chairs Caucus; and, Whereas, his immeasurable contributions and long standing dedication have materially improved the quality of life for the citizens of Isle of Wight County, the Hampton Roads region and the Commonwealth of Virginia; Now Therefore, Be It Resolved by the Isle. of Wight County Board of Supervisors that Henry H. Bradby be recognized and commended for his outstanding service to the Board, and is presented this Resolution as a token of the Board's gratitude and esteem; and, Be It Further Resolved, that the Isle of Wight County Board of Supervisors extends, to Henry H. Bradby its best wishes for his future. endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this sixth day of October 2005. The motion was adopted by a vote of (3-0) with Supervisors Bradshaw, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradby abstaining from voting. County Administrator Caskey advised that a framed version of the above Resolution will be presented to Supervisor Bradby at his retirement dinner. County Administrator Caskey presented a Resolution of Appreciation to Richard K. MacManus Upon the Completion of his Services to the Isle of Wight County Board of Supervisors .for the Board's consideration. Supervisor Clark moved the Board adopt the following Resolution: Resolution of Appreciation to Richard K. MacManus Upon the Completion of his Services to the Isle of Wight County Board of Supervisors Whereas, Richard K. MacManus served as a distinguished member of the Smithfield Town Council for the Town of Smithfield, Virginia from July 1, 1996 to December 8, 1999; and, 21 1 Whereas, Richard K. MacManus served faithfully as a valued .member of the Board of Supervisors of Isle of Wight County, Virginia from January 1, 2000 until September 16, 2005 representing the Smithfield District; and, Whereas, he has been a significant catalyst to promote and enhance successful regional and State partnerships, to include, but not limited to, his leadership roles in the Hampton Roads Planning District Commission, Southeastern Public Service Authority, Hampton Roads Economic Development Alliance, Hampton Roads Partnership, Mayors and Chairs Caucus, and the Virginia Association of Counties; .and, . Whereas, his immeasurable contributions, including a dedication to community .leadership evidenced by his service. to the Christian Outreach Program, local and State Parent Teacher Association, and Chamber of Commerce., have materially improved the quality of life for the citizens of Isle of Wight County, the Hampton Roads region and the Commonwealth of Virginia; 1 Now Therefore, Be It Resolved by the Isle of Wight County Board of Supervisors that Richard K. MacManus be recognized and commended for his outstanding service to the Board, and is presented this Resolution as a token of the Board's gratitude and esteem; and, Be It Further Resolved, that the Isle of Wight County Board of Supervisors extends to Richard K. MacManus its best wishes for his future endeavors and .orders that a copy of this Resolution be spread upon the minutes of this Board this sixth day of October, 2005 The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey advised that the above Resolution will be presented to Mr. MacManus at a later date. William Bell, Secretary of the Electoral Board, presented a request from the Electoral Board for additional space contiguous to or adjacent to the Registrar's Office for the purpose of storing new and current voting machines. 1 Supervisor Clark moved the Board direct staff to proceed with investigating options for adequately addressing space requirements. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 22 Bon' ~~ ,. ~. County Administrator Caskey distributed to the Board a .memorandum from the Chairman of the Council of Isle of Wight, England recommending ~ certain dates for the Board to visit. He noted that staff is continuing to work on an agenda for the Board to share information with the Isle of Wight, England officials. Supervisor Wright recommended that the.BOard schedule its visit for the latest week noted in April, 2006. County Administrator Caskey:. stated responsive to the three (3) .separate analyses performed over the last several weeks with respect to the Office on Youth, staff has. performed an internal review, which involved an independent consultant's review, and an audit of the CASA Program.. He advised that Judges Harris and Moore have expressed an interest in seeing the CASA Program continue, and he relayed to them the Board's commitment to continue the program, and .reestablish program creditability and effectiveness for those youth that- it serves, He stated :included in the agenda .following the Board Report is an Action Plan for each of the programs that establishes benchmarks, staff's significant action steps, creates assignments and target dates. Supervisor. Clark moved the Board table the matter, and that it be further discussed under Old Business. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. e. County Administrator Caskey noted that John Graham has resigned from the Board of Assessors for the 2006 assessment cycle, Leaving a vacancy on the. Board of Assessors for the Smithfield District. Supervisor Clark moved the Board accept the resignation of John Graham. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor ofthe motion, and no .Supervisors voting against the motion. // Chairman Bradshaw called for Appointments. Chairman Bradshaw moved the Board appoint Thomas J. Wright, III to serve the remainder of the year with him on the Board of Supervisors' Finance Committee. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board accept the resignation of Kurt. Beach on the Transportation Safety Committee. The motion was adopted by a vote of (4-0) with Supervisors Bradby, .Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 23 1 Supervisor Wright moved the Board appoint Sgt. Martin Roach, replacing Mr. Beach, on the Transportation Safety Committee. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against , the motion. // Chairman Bradshaw called for Old Business. Chairman Bradshaw called for consideration of the supplemental budget request in the amount of $1,750 for the Boykin's Tavern Museum' Supervisor Bradby moved the Board appropriate $2,750. from the FY 'OS '06 General Contingency Fund. The motion was adopted by a vote of (3- 0) with Supervisors Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. County Administrator Caskey stated pursuant to the Board's direction at its September 15, 2005 meeting, he has met with the Smithfield Town Manager and made a recommendation to .the two (2) governing bodies regarding a Director of Tourism position. He stated a letter has been received from the Smithfield Town Manager dated September 22, 2005 which recommends proceeding with the Tourism Office. and the hiring of a qualified person for the position of Director of Tourism. He further stated an a-mail has been received by the Smithfield Town Manager which expressed an interest in consideration being given to restructuring the Joint Tourism Committee that in the future that might be a consideration of the Intergovernmental Relations Committee. Supervisor :Wright moved the Board accept the recommendations, and direct staff to move forward with the Town of Smithfield. The motion was adopted by a vote of (3-0) with Supervisors Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. County Administrator Caskey stated included in the- agenda is a response from the Chairman of the Blackwater Regional Library Board regarding participation by the County. He stated that the Library Board will be drafting. a new agreement. in consideration of the items pointed out by the Board of Supervisors. 1 Supervisor Clark directed staff to bring the matter back for discussion by the Board after-January 1, 2006. 24 R T County Administrator Caskey addressed the issue of .community identification signage, noting that the- recommendation. of staff is for the Board to come to a conclusion relative to the proposed alternatives. Chairman Bradshaw recommended that the project be done County- wide simultaneously, and not begin with individual communities. Debbie J. Sivertson, Assistant to the County Administrator, advised that Supervisor MacManus had previously requested that staff begin first with. Rescue, Battery Park and Benns Church, and that staff followed his direction in the Action Plan.. Supervisor Clark moved the Board direct staff.to bring back a proposal for all village centers with delineated boundaries. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved that the word "community" not be utilized on the signs. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Columbus Grant, III, Director of Public Utilities, recommended that the developer of the proposed Pulliam Estates Subdivision be required to connect to the Rushmere water system. Supervisor Clark moved that the. developer be required to tie into the County's water system. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw requested the Director of Parks and Recreation to address the issue of the Isle of Wight Historical Society. 2007 Project presented by Jerianne Gardner under Citizens Comments. Alan S. Nogiec, Director of Parks and Recreation, stated that staff had. recommended that, because it was so late in the process, rather than attempting to .establish another 2007 community, that the Isle of Wight Historical Society would .fall under the County's designation as a 2007 community. Chairman .Bradshaw noted that the Board had previously directed the Isle of Wight County .Historical. Society to do certain additional projects and to come under the County's designation. He requested assurance from Mr. Nogiec that these projects volunteered by the Isle of Wight County Historical Society would be included. 25 a~,~~ ?_~ ...,~17 Mr. Nogiec noted all projects submitted to the 2007 Project Committee would be included. 1 1 Chairman Bradshaw requested that Ms. Gardner discuss the Society's projects further with. the Director of Parks and Recreation. Regarding the issue presented by Jerianne Gardner under Citizens Comments relative to the Fort Huger site preservation, Mr. Nogiec stated that the County must first obtain ownership of the property. He noted that his .last visit revealed that there is not direct access to the property, and the logging roads were still in tact. He stated that staff would discuss with Virginia Timberline, the current property owner, about what can be done prior to the County obtaining ownership. County Attorney Stroman advised that although the Board has approved the final subdivision plat, it has not yet been signed by the Subdivision Agent. He stated that he has received, but returned to the developer's attorney, -the recordable instruments with a request that certain defects be corrected. He stated that he expects the documents to be returned to him soon. Supervisor Clark moved the Board direct staff to meet with the Isle of Wight County Historical Society to identify what the County might be able to do to make the archeological designations as soon as possible. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against. the motion. I/ Chairman Bradshaw called for New Business. Chairman Bradshaw recalled that the Board had discussed the feasibility of there being two (2) separate Intergovernmental. Relations Committees, one (1} to meet with the Town of Smithfield, and the other to meet with the Town of Windsor. ~1 Chairman Bradshaw moved that there be two (2) Intergovernmental Relations Committees, as follows: Town of Windsor Intergovernmental Relations .Committee, consisting of the Supervisors for. the Carrsville and Windsor districts, and the Town of Smithfield Intergovernmental Relations Committee consisting of the Supervisors for the Newport and .Smithfield districts. Staff and the County Attorney are to develop.. guidelines to specifically define the purpose of the Committees, how these meetings will be conducted, and return to the Board. The motionwas adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and.Wright voting in favor of the motion, and no Supervisors voting against the motion. 26 BOCK 2•, ~ ~~.p With respect to the Windsor Youth Foundation, Chairman Bradshaw offered a motion that the Board appropriate $24,000 from the unappropriated fund balance to be given to the Windsor Youth Foundation to pay off the. ` remaining note for the athletic facility. He stated the building belongs to the School Board, and this. is a unique situation as the Foundation borrowed the funds. Supervisor Clark stated this is a School .Board issue, not of the Board. of Supervisors. He stated. that the. Foundation borrowed the funds on their ' own, and incurred the debt without checking with the Board, or going through the budget process. He stated the Board .would be setting a precedent if it approved this request. He stated that the. Foundation moved forward without expecting to be reimbursed by the County, which is admirable, but if the Board approves this request, it will be setting a precedent because once the public sees that the Board has approved this request, the Board will not be able to deny other requests. County Attorney Stroman requested additional time to research the guidelines for charitable giving, Chairman Bradshaw withdrew his motion, and moved the Board direct County Attorney Stroman to research the guidelines for charitable giving, as it pertains to the first motion he offered, and then withdrew. The motion was adopted by a vote of (4-0) with Supervisors 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 elderly and disabled tax exemption, and to change the guidelines with respect to income level, and present a proposal. to the Board during the budget process, The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, Clark and Wright. voting in favor of .the motion, and no Supervisors voting against the. motion. Mr. Hartley notified the Board that a copy of the Commonwealth Transportation Board Six-Year Plan would be included in the Board's October 20, 2005 agenda. Chairman Bradshaw stated that the position the Chamber of Commerce took with the tourism issue with respect to representation of the businesses of the County was unprofessional. He stated the Chamber never directly responded to the County about tourism even though the County contributes $15,000 annually in membership .funds and $5,000 to $10,000 for the Farmers' Market; however, the Chamber did make. certain comments to the public.,. and. also made a presentation to the Town of Smithfield. Chairman Bradshaw recommended that. the amount of funding be reviewed during the budget process. that the County provides to the Chamber 11 1 1 27 of Commerce, and whether or not the Board wants to continue its membership with that organization. He noted that the position the Chamber of Commerce took regarding tourism was unprofessional, and that the Chamber had never corresponded or made a .presentation to 'tthe Board,. ' although a presentation was made to the Town of Smithfield. He stated the Chamber .did comment on the issue publicly through the 'press and newspapers. Judy Wells, Treasurer, briefed the Board on the efforts. made by her office with respect to collection of delinquent taxes. She noted that the total amount for the past five (5) years for real estate and personal property is under $800,000. .She verified for Chairman Bradshaw that before she took office, delinquent taxes were over $2,000,000. Chairman Bradshaw was. highly complimentary of Ms. Wells' report. // 1 1 County Attorney Stroman requested that the Board enter the Closed Meeting .pursuant to Section 2.2-3711.A of the Code of Virginia for the following purposes: 1) to receive legal advice relative to the voluntary annexation agreement. wi±h the Town of Smithfield pursuant to Subsection .7; 2) to receive legal advice relative to the water purchase agreement with the Town of Smithfield pursuant to Subsection .7; 3) to receive legal advice regarding the payment of proffers by the Town of Smithfield pursuant to Subsection .7; 4) to receive legal advice regarding a request for exemption for water bills pursuant to Subsection .7; 4) to receive legal advice regarding trademark and copyright protection for the County seal pursuant to Subsection .7; 6) to discuss personnel issues relative to the Office on Youth pursuant to Subsection .1; 7) to discuss personnel matters relating to a vacancy on the Board of Supervisors pursuant to Subsection .1; 8)'to discuss a personnel matter relevant to .the County Attorney's Office pursuant to Subsection .1; 9) to receive legal advice and discussion on the acquisition of real-property for a public purpose pursuant to Subsections .7 and .3; 10-14) and, five (5) additional personnel .items concerning employment, performance, promotion, disciplining of employees of a public body pursuant. to Subsection 1. He .recommended that the Board remove the issue of the Intergovernmental Committee as the .Board addressed this earlier in the meeting. Supervisor Wright moved the Board enter the Closed Meeting for. the reasons stated by the County Attorney. The motion was adopted by a vote of (4-0) with Supervisors 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 (4-0) with Supervisors Bradby, Bradshaw, ~,,~, 23 ~:.:~520 Clark and Wright. voting irr favor of the motion, and no Supervisors voting against the motion. Supervisor Wright m©ved 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 in the motion convening the closed. meeting .were heard; discussed or considered by the Board of Supervisors. VOTE AYES: Bradby, Bradshaw; Clark, Wright and Ivy NAYS: 0 ABSENT DURING VOTE: 0 ABSENT.DURING MEETING: 0 // Supervisor Clark moved that the Board authorize the County Attorney to make an offer with regard to land as discussed in Closed Meeting. The.. motion was adopted by a vote of (4-0).with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the. Board accept the report on the Office on Youth, and endorse the timeline and proposed Action Plan for the next six- (6) months, as outlined in the report. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw; Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 29 9~Jnf ?:~ ::. -~21 Supervisor Clark moved the Board appoint Tom Ivy to fill the vacant seat on the Board of Supervisors representing the Smithfield District. The motion was adopted by a vote of (4-0) with Supervisors Bradby, $radshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting ' against the motion. Chairman Bradshaw noted that he would be contacting 1VIr. Ivy to notify him of his appointment, and to advise that County Administrator ' Caskey and County Attorney Stroman will be contacting him regarding his orientation period. He requested County Administrator Caskey to follow-up with a letter under his signature notifying Mr. Ivy of his appointment. r ~~ 1 At 10:00 p.rn., Supervisor Bradby moved the Board adjourn. The motion was adopted by a vote of (4-0) with Supervisors Bradby,',Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. ~p A. Bradshaw, Chairman LXJ W. Doug s key, Clerk.. 30