Loading...
12-15-2005 Regular Meetinga~o~ 23 :_622 REGULAR MEETING OF THE ISLE OF WIGHT .COUNTY BOARD. OF SUPERVISORS HELD THE FIFTTEENTH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND FIVE. r PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III Henry H. Bradby. Thomas R. Ivy Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, 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 6:00 p.m. // Supervisor Bradby delivered the invocation. I/ ~t The Pledge of Allegiance was conducted. // Chairman Bradshaw presented .Supervisor Bradby with a gavel in appreciation of his years of service from July 1, 1976 until December.31, 2005 to the County and its citizens. // Chairman .Bradshaw called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the. agenda: Under the County Attorney's report,- add an Item (F), an update on the Camp Washington property; under Old Business, add an item (E), Proposed Agreement between the Isle of Wight .County Board. of Supervisors and Active Network, Inc.; under Old Business, add an item (F), filling of an Erosion and Sediment Control position in the Department of Planning and. Zoning; under Closed Meeting, add two (2) additional mutters concerning a lawsuit filed by East West Partners. against the County, and a J aa~~f 23 .. ~~2~3 personnel matter for. the evaluation and performance of specific County employees; and, under New Business, add an item pertaining to shared services between the County and the school administration. 1 Supervisor Clark moved that the Board approve the agenda, .as amended. The. motion .was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the. motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Special Presentations. Denene Howard, the County's new CASA Coordinator, was formally introduced to the Board. Richard Weeks, Deputy Director of the Virginia Department of Environmental Quality, presented a Certificate of Recognition to the Isle of Wight Citizens Association on behalf of its work to make improvements to the environmental quality of the County. Jerianne Gardner accepted the. Certificate on behalf of the Association, and she requested that the plaque be hung at an appropriate place in the Courthouse. Fred Westfall, Goodman & Company, Inc., .presented the County's Financial Audit Report for the Year Ended June 30, 2005. He stated that the County .ended FY2005 with a $21 million fund .balance, and there were no exceptions in compliance reported. Supervisor Wright moved that the Board accept the audit report, as presented. The motion was adopted by a vote of (5-0) with ~ Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw indicated the Consent Agenda included the following items: A. Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Technology Planning for E-911 Wireless Services 1 B. 2007 NACo Conference Funding C. Donation of Unexpended FY2004-OS Salary Funds to Carrollton Volunteer Fire Department 2 ao~K z~ :,:.~e~~ D. Resolution to Appropriate Funds -from the Unappropriated Fund Balance for Social Services Salary Increases .+ E. Shared Transiefit Occupancy Tax F. Status Report -School Appropriations by Category G. Surplus Property Sale Results, ~ H. Resolution to Appropriate $764,849 in Revenue Sharing Funds from the General Fund Reserve Fund Balance I. DEQ/Public Notice dated November 28, 2005 J. Planning Commission Action List of November 22, 2005 K. Board of Zoning Appeals Action List of December 5, 2005 L. Board of Zoning Appeals 2005 Annual. Report M. 2006 Comprehensive Plan Update Revised Schedule.. N. A Resolution Amending the State Secondary. Road System to Vacate a Portion of Route 607 (Old Mill Road) and Route 636 (Old Suffolk. Road), and Add the Relocated Portions of Route 607 and the Cul-de-sac Termini on Route 636, and Add the New Section Designated as Route 733 (Old Mill Road West) O. Resolution of the Board of Supervisors of Isle of Wight County to Designate Whispering Pines Trail, Route 650, as a Rural Rustic Road P. Delinquent Real Estate Tax Collection Monthly Report Q. Personnel Policy Amendments R. November 16, 2005 Joint Meeting Minutes with the Fire and Rescue Association S. November 17, 2005 Regular Meeting Minutes .,Supervisor Wright moved that the Board adopt the Consent Agenda, as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // 3 1 Chairman Bradshaw called for Regional Reports. Boon 23 .;. f~25 Chairman Bradshaw reported that the Hampton Roads Economic Development Alliance is moving forward with regional recognition. Supervisor Wright reported that the Western Tidewater Regional Jail Authority received fifty (50) additional Federal inmates from Charlotte, North Carolina. Chairman Bradshaw reported that the Route 460 informational meeting which was held in Wakefield regarding how affected localities -would be impacted was well .attended. He stated that the southern route has .been selected by .the Commonwealth Transportation Board, and apublic-private partnership agreement is anticipated. He stated the project, at the earliest, would begin in 2008, with an estimated completion date of 2015. He advised that no State funding. was available for this project currently, and no private companies are interested at .this time. He stated an RFP would be going out in February, 2006. He advised that the Commonwealth Transportation Bc,ard did make an amendment upon the recommendation of the Board of Supervisors that .the County will. have the opportunity to make a recommendation on the alignment of the proposed route in the County. He stated staff and the Board will be meeting with the affected citizens in order to establish such recommendations. 1 Supervisor .Clark reported that the Hampton Roads Partnership and the Hampton Roads Planning District Commission's Transportation Committee are working with the legislators regarding tolling existing bridges and tunnels to establish a dedicated revenue stream by way of a gas or sales tax to enable the Route 460/Hampton ,Roads Bridge Tunnel/Third Crossing and other transportation improvements to be funded. Chairman Bradshaw. requested County Administrator Casket' to coordinate. a meeting between the members of .the Smithfield Intergovernmental Relations Committee (Supervisors Brown and Ivy) and the Town of Smithfield to discuss the proposed Smithfield fire station and a Memorandum of Understanding. He stated definitive financial numbers are needed for the CIP. Chairman Bradshaw requested that Mr. Robertson coordinate a meeting with Supervisors Ivy and Wright in January, 2006 to discuss the status of the Joint Tourism Committee, and that appropriate bylaws be developed. 1 Supervisor Ivy noted that there may already be existing bylaws and, if so, that they may need amending. 0 // Chairman Bradshaw called for Transportation Matters.. 4 ~+ annt ~~ ;+~.~~ Sandon S. Rogers, Transportation Planner, presented a list of VDOT responses to action items from various Board meetings through December 1, 2005. ~ Chairman .Bradshaw requested the status of his previous request to check the drainage on the southeast side of Walters. Mr. Rogers offered to check with VDOT regarding. the status, and advise the Board accordingly. Chairman Bradshaw requested that Mr. Rogers investigate the problems occurring at the Jernigan property.. He indicated that he had sent the particulars of this issue to Mr. Rogers earlier in the week. Chairman Bradshaw inquired. about the status of the grading on Whispering Pines Trail. Mr. Rogers advised that VDOT has assured him that Whispering Pines Trail. would be "worked" twice a month, following rainy weather conditions. . Trudy Price. of 11381 Woody Acres Way requested that Woody Acres Way and Blair Creek Road be paved. e• ~~ Supervisor Clark moved that Woody Acres Way and Blair Creek Road be added to the list of roads to be paved. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Thomas Hill advised that Woody Acres Way had been widened approximately twenty (20) years ago, and was supposed to be paved in the next five (5) years. He indicated that the road was taken into the State system in 1986. Chairman Bradshaw requested that Mr. Rogers research the matter, and make a report to the Board. Mike Huffman of the Hardy District requested. that staff take appropriate action to have the contractor cycle the traffic more often than is currently being done on the Mills Godwin Bridge to alleviate the long delays.. Chairman Bradshaw requested Mr. Rogers to relay this concern to VDOT. 5 .~ , ,- ~ Michael Uzzell of Central Hill Road requested the status of the stop sign at Route 637 and Fire Tower Road. Mr. Rogers advised that VDOT should have installed the reflectors on .the bridge on Fire Tower Road last week, and that VDOT is currently performing a traffic count on Route 637 to determine if a stop sign is .warranted. Mr. Uzzell further requested the status of VDOT installing warning signs at Route 620. Mr. Rogers advised that VDOT is currently researching `the intersection. Jerianne Gardner, Vice-President of the Isle of Wight Citizens Association, noted there are an increased number of accidents occurring at Smith's Neck Road and Route 17, and the Association is desirous of knowing the number of accidents that had occurred at this location before the Eagle Harbor Subdivision was built compared to the Eagle Harbor Subdivision was built. Supervisor Clark moved that staff. contact the VDOT Resident Engineer and bring back the results of his review of the intersection at Smith's Neck Road and Route 17 before and after the development of the Eagle Harbor Subdivision, and what he sees as a trend at that intersection. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Citizen's Comments. Mike Huffman of the Hardy District, on behalf of the American Cancer Society, addressed the Board concerning the statistics associated with prostate cancer and the treatment available. Robbie Younger of 19001 Farm Road expressed opposition to any Walmart/big box stores being built in the Benn's Church area. Chairman Bradshaw requested that Ms. Younger speak with Planning and Zoning and Economic Development staff. regarding the status of the Benn's Church application. 1 Herb DeGroft of Mill Swamp :Road distributed copies of a supplemental list he earlier. provided to the School Superintendent regarding shared services, and a revenue sharing sheet that included examples of how 0 6 other jurisdictions in the State share revenue on a set percentage with their school system. // t Chairman Bradshaw called for the County Attorney's report. County Attorney Stroman. stated pursuant to the Board's bylaws, he has prepared two (2) suggested revisions to the Board's Rules of Procedure for. its consideration dealing with a change under Citizens Comments to provide for a one (1) minute warning before time expires.. He further suggested a change that citizens may not donate their unused time to another speaker. He stated should the Board wish to make that change, he would further suggest a change dealing with the public hearings. The .Board concurred with the County Attorney's above recommendations, and County Attorney Stroman offered to bring the changes back. to the Board in final form at its January 5, 2006 organizational meeting. County Attorney Stroman requested the Board's authorization to have the County Administrator execute the Confidentiality Statement with respect to the Gately. Communications Company contract on behalf of the Board. .. r Supervisor Clark moved that the Board authorize the County Administrator to execute the Confidentiality Statement for the Gately contract on behalf of the Board.. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman advised the Board of a need pursuant to the Code of Virginia to appoint an alternate on the Wetlands Board. He requested the Board to begin consideration of such an appointment as quickly as possible. County Attorney Stroman presented a Housing Rehabilitation .Specialist Services Agreement, which he has reviewed and approves as to .form. Supervisor Clark moved the Board authorize the County Administrator to execute the Agreement for Housing Rehabilitation Specialist Services between the County and Donald E. Goodwin t/a Housing Consultant Services .for the. Booker T. Estates Community Improvement Grant. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, ..Wright and Ivy voting in favor of the. motion, and no Supervisors voting against the motion. 7 County Attorney Stroman presented for the Board's consideration a proposed Zoning Ordinance amendment regarding the removal of political signs following an election for the Board's consideration. 1 Supervisor Wright moved the Board authorize the County Attorney to advertise the Ordinance for public hearing at the Board's January 19, 2006 meeting. The motion was adopted by a vote of (5-0) with. Supervisors Bradby, Bradshaw, Glark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. With respect to the issue of the Camp Washington property which was added as an item -for discussion under Approval of the Agenda, County Attorney Stroman advised that the deed has been received and recorded. by staff, and the County can now proceed to utilize the property. County Administrator Caskey offered to set up a site visit next week for Supervisors Wright, Clark and Bradshaw. County Attorney Stroman noted that his remaining items involved three (3) matters he needed to .discuss with the Board later during the .Closed Meeting. // At 7:00 p.m., Supervisor Wright moved the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the 'motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for a public hearing on the following: A. The application of Drew F. and Carole R. Dixon for a change in zoning classification .from Rural Agricultural Conservation (RAC) to Conditional-Rural Residential (C-RR) of two (2) acres of land located on the west side of Old Myrtle Road (Route 632), between Carrsville Highway (Route 58) and Freeman Drive (Route 612), in the Carrsville .Election District. The purpose of the application is for one (1) single-family residential lot as conditioned. 1 County Attorney Stroman certified that the public hearing had been .properly advertised. Chairman Bradshaw called for persons to speak in favor of or in opposition to the application. 8 Durwood Scott of 51 East Windsor Boulevard in Windsor, representing the sellers; stated the Planning Commission has recommended the application to the Board, and the appljdcant has proffered $11,189 and that there would be no further. subdividing of the property. Chairman Bradshaw closed the .public hearing and called for comments from the Board.. Supervisor Wright moved the Board approve the application of Drew F. and Carole R. Dixon, as conditionally proffered.. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion.. Chairman Bradshaw called for a public hearing on the following: B. The application of Gregory P. Morin for an exception to the Chesapeake Bay Preservation Area Ordinance.. Specifically, Section 4002 (B)(2)(a.) to allow encroachment of fifty (50) feet into the 100 foot Resource Protection Area Buffer for the construction. of a single-family residence. The property, containing 1.167 acres of .land is known as Tract 3, R.F: Smith Subdivision, located off Carrollton Boulevard (Route 17) on the east side of Thomas Lane, in the Newport,Election District. County Attorney Stroman .certified that the application had been property advertised for public hearing. Chairman Bradshaw called for persons to speak irr favor of or in opposition to the application. Gregory P. Morin, property owner from Chesapeake, advised that he has worked diligently to obtain the necessary variances and exceptions to the wetlands in order to build on the lot. He stated that an auxiliary drain field for the septic tank has been addressed, as well as the development of a vegetation schedule to protect the wetlands. Benny R. Edwards of 1005 Whippingham Parkway in Carrollton addressed the applicant's need for adouble-car garage in order to store his landscaping materials. He stated at the time he purchased his. property in 1990, there was no mention of RPA's or easements at the closing, and had he known about them, he would have never purchased that or any other property located near wetlands. He asked the Board to vote favorably on the application. Dave Paulley, Environmental Consultant for the applicant, stated that efforts were taken to minimize the impacts to the RPA by moving the house; minimize the building area; and, the applicant had developed an extensive. 9 planting schedule utilizing native plants appropriate to that environment. He requested that the Board approve the application. 1 Chairman Bradshaw closed the public. hearing and called for comments from the Board. Chairman Bradshaw inquired if the applicant has .complied with. all criteria of the County's Ordinance. Jonathan W. Hartley, Director of Planning and. Zoning, replied that the applicant has complied .with all criteria. Supervisor Clark inquired if the applicant had submitted a revised landscaping plan consistent with the comments from the state, and if the condition of a reserve drain field had been addressed by the applicant. Mr. Hartley advised that there was a reserve drain field located in front of the drain field and shown on the survey; however, it was inadvertently omitted from the material in the Board's agenda. 1 Supervisor Clark moved the Board approve the application of Gregory P. Morin, conditioned upon compliance with .the landscaping plan dated December 2, 2005, as submitted. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and. no Supervisors voting against the- motion. Chairman Bradshaw called for a public hearing on the following: C. The application of Benny R. Edwards for an exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 4002(B)(2)(b.) to allow improvements to the yard, compliance with the Army Corps of Engineers, and retain the gazebo and storage shed within the fifty (50) foot Resource Protection Area Buffer. The property, containing .82 acre of land is known as Lot 115 of Carisbrook Subdivision, Section I, located at 1005 Whippingham Parkway, in the Newport Election District. .County Attorney Stroman certified that. the application had been properly advertised for public hearing. 1 Chairman Bradshaw called for persons to speak in favor of or in opposition to the application. Benny: R. Edwards, applicant, submitted pictures of the shed and gazebo for the record. He stated staff had earlier stated that the gazebo and shed were more than 50% destroyed, and when questioned by the Planning Commission as to how this conclusion was reached, several methods were 10 ~~~~~ 23.,,:::-~32 cited, but no documentation. or pictures were submitted to substantiate his position. He stated that the Corps of Engineers does not have a problem with the fill dirt that he has .had brought onto the property; however,. all the water on the wetlands side. needed to be eliminated. He stated the County became involved when his neighbor made a complaint about an automobile and other items being stored on his property and in the RPA. He stated during this time, he hired a contractor to remove the flooring in the gazebo as his spare time .allowed, which was observed by the Codes Inspector. He stated he was only trying to comply with the Corps of Engineers to backfill the area, and there was no mention that a special permit was required. l'Ie stated that now he has a violation for bringing dirt on his property without filing for an exception, in addition to the claim that. the gazebo is more than 50% destroyed. He stated that the Corps of Engineers and County staff have different views on what can be built in wetlands and .rip rap because as it turned out the Corps of Engineers did not have a problem with the. lighthouse that was Iocated on his property in the RPA, but that he had .torn it down because staff had convinced him that it would be difficult to obtain the necessary permits from the Corps of Engineers. Chairman Bradshaw closed the public hearing and called for comments from the Board. Chairman Bradshaw asked Mr. Hartley to brief the Board on how this application evolved. Mr. Hartley replied that the. matter began as a violation by the property owner with the Corps of Engineers as a result of a complaint that the wetlands in the back of the property .had been disturbed. He stated Mr. Edwards was cited for a violation by the Corps of Engineers. He stated County staff also received a complaint about violations in the RPA. He stated it is the recommendation of the Planning Commission and staff that the. request for the exceptions be denied. County .Attorney Stroman advised that there are also two (2) accessory structures,. and the Chesapeake Bay Local Assistance Department has been adamant that accessory structures did not warrant an exception. Chairman. Bradshaw noted that the applicant was in violation of the County's ordinance when the gazebo was built in 1998, which is subject to a fine by the Board, as done in the past. He stated that the applicant should also be penalized when the Board takes action on the application for being in violation of County law. Chairman Bradshaw- moved that the Board deny the application of Benny R. Edwards, and accept the recommendations as presented by the Planning. Commission. The. motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. .. 11 BOQK 23 ~~..~~-)~ Chairman Bradshaw called fora public hearing on the following: 1 D. An Ordinance to Amend Chapter I5. Taxation. Article L In General. by Adding Section 15-5.3.1 to Implement the 2004- 2005 Changes to the Personal Property Tax Relief Act Of 1998. County Attorney Stroman certified that the matter was properly ad~.~ertised for public hearing. Chairman: Bradshaw called for persons to speak in favor. of or• in opposition to the Ordinance. No one appeared in favor or in opposition to the. proposed Ordinance. 1 Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 15. TAXATION. ARTICLE I. IN GENERAL. BY ADDING SECTION 15-5.3.1 TO IMPLEMENT THE 2004-2005 CHANGES TO THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998 WHEREAS the Personal Property Tax Relief Act of 1998, Va. Code § 58.1-3523 et seq. ("PPTRA"), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bill 5005), and the provisions of Item 503.E of Chapter 951 of the 2005 Aets of the Assembly (the 2005 revisions to the 2004-06 Appropriations Act, hereinafter cited as the "2005 Appropriations Act");.and WHEREAS these legislative enactments require the County to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided,. pursuant to the PPTRA as revised; and 1 WHEREAS these legislative enactments provide for the appropriation to the County, commencing in 2006, of a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying personal use vehicles that are subject to the personal property tax ("PPT") on such vehicles, and provide the opportunity for the County to fashion a program of tax relief that serves the best interests of its citizenry; NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors as follows: Section 15-5.3.1 Personal Property Tax Relief 12 ~R~N 23 ~~~634 (a) Purpose; Definitions• Relation to Other Ordinances.. (1)The purposes of this Ordinance is to provide .for the implementation of the changes to PPTRA affected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia.. (2)Terms utilized in this Ordinance that have defined meanings set forth in PPTRA shall have the same. meanings as .set forth in Va. Code § 58.1-3523, as amended. (3)To the extent that the provisions of this Ordinance conflict with any prior Ordinance or provision. of the County Code, this Ordinance shall control. (b) Method of Computing and Reflectin~Tax Relief. (1)For tax years commencing in 2006, the County adopts the provisions of Item 503.E of the 2005 Appropriations Act, providing for the .computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PPTRA, and the reporting of such specific dollar relief on the tax biIL (2)The Board shall, as part of the annual budget, pursuant to Chapter 25 of Title 15.2 of the' Code of Virginia and § 15-5.3 of the County Code, set the rate of tax relief at such a level that it is anticipated to exhaust fully PPTRA relief funds provided to -the County by the Commonwealth. Any amount of PPTRA relief not utilized within the County's fiscal year shall be carried forward and utilized to increase the .funds available for personal property tax relief in the. following fiscal year. (3)Personal property tax bills shall set forth on their face the specific dollar amount of relief credited. with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated. (c) Allocation of Relief Among_Taxpayers. (1)Allocation of PPTRA relief shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the County's annual budget relating to PPTRA relief. (2)Relief shall be allocated. in such a manner as to eliminate personal property taxation of each qualifying .vehicle with an assessed value of $1,000. or less. 13 ~~_~ ~~ -6`35 (3)Relief with respect to qualifying vehicles with assessed values of more than $1,000 shall be provided at a rate, annually fixed in the County budget and applied to the first $20,000 in value of .each such qualifying vehicle, that is estimated fully to utilize all available state PPTRA relief. The rate shall be established annually as a part of the adopted budget for the County. • (d) Transitional Provisions. (1)Pursuant to authority conferred in Item 503.D of the 2005 Appropriations Act, the County Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any. taxpayer whose taxes, with respect to a qualifying vehicle for tax year 2005 or any prior tax year, remain unpaid on September 1, .2006, or such date as state funds for reimbursement of the state share. of such bill have become unavailable, whichever occurs earlier. (2)Penalty and interest with respect to bills issued pursuant to subsection (1) of this section. shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in § 15-5.3(c) of the County Code from the original due date of the tax. This ordinance shall be effective upon adoption. The motion was adopted by a .vote of (S-0) .with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. I/ Supervisor Clark moved the Board take a five (5) minute break before returning to the regular order of the agenda. The motion was adopted by a vote of (5-0} with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // 1 Chairman Bradshaw called for the Parks and Recreation Report. -Alan S. Nogiec, Director of .Parks and Recreation, presented the Steering Committee's proposal for America's 400`h Anniversary. He_stated the program officially begins in May, 2006 and will continue for the next eighteen (18} months.. He stated there are currently five (5) community 14 programs related to the County. He requested the Board's authorization to create a grant program and identify $50,000 in the FY06-07 Operating Budget.. He stated these funds would be available to organizations and. the. communities designated a~ official 2007 programs that are directly related. to the County. He stated this matching program would place a cap of $10,000 per organization. .Supervisor Bradby recommended that Smith's Lane in the Hardy District be included as an official site and be made part of the-2007 program. Supervisor Bradby moved the Board appropriate $50,000 in the FY06- 07 Operating Budget for the development of a local matching grant program to .assist staff with facilitating better programs and the creation of more opportunities for tourists to visit the County in commemorating America's 400`h Anniversary in 2007. The motion .was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark,. Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradby moved. that Smith's Lane in the Hardy District be included as an official site, and that it be made part of the 2007 Program.. The motion was adopted. by a vote of (5-0) with Supervisors Bradby, Bradshaw, .Clark, Wright and :Ivy voting in favor of the motion, and no Supervisors voting againsf the motion. Following discussion on the demolition .schedule of Nike Park, and the installation of informational signs identifying that area as a Nike missile site, Supervisor Clark moved that the Board direct Mr. Nogiec to proceed with locating a surplus Nike missile with the intention. of acquiring it, and come back to the Board with a recommendation. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark requested Mr. Nogiec, after January, 2006, to report back to the Board on the feasibility of rehabilitating a silo for display at Nike Park. // Chairman Bradshaw called for the Economic Development report. Rachel Morris, Rural Economic Development Manager, requested that the Board approve the Purchase of Agricultural Conservation Easements Program (PACE) Committee bylaws, as recommended by staff. Supervisor Wright moved the Board approve the PACE Bylaws. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor: of the motion, and no Supervisors voting against the motion. 15 ~.., ~~ . x'37 IVIs. Morris requested that the Board approve the PACE Committee membership terms, as recommended. 1 Supervisor Clark moved that the Board approve the staggering of terms as outlined in the recommendation from staff. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman'Bradshaw called for the. County Administrator's report. County Administrator Caskey presented a request that. the County become a part of the Western Tidewater Homelessness MIS Grant now being initiated by contributing the sum of $2,750. Supervisor Wright moved the Board authorize the transfer of $2,750 from the Operating Contingency and authorize the County's participation in the Western Tidewater .Continuum of Care (WTCCC) for the Homeless Management Information System (HMIS). The motion was adopted by a vote of (5-0) with Supervisors Bradby, .Bradshaw, .Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 1 County Administrator Caskey stated pursuant to the Board's request at its retreat in December, 2005, included in the agenda are the recommended changes in the Board's Strategic Plan of Action for the Board's consideration. Supervisor Ivy moved the Board .authorize approval of the updated Strategic Plan of Action, as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw challenged staff to begin to solicit its own ideas and suggestions next year with respect to how the County .should move forward. He stated that staff, versus the Board, should. begin to identify what areas need to be worked on in order to incorporate the five (5) goal areas that have been established. 1 County Administrator Caskey made reference to a retirement card that had been developed and signed by staff in honor of Mr. Bradby's retirement. Supervisor Bradby requested that County Administrator Caskey have the card framed and delivered to him. // 16 eo~K ~~ ~;~~~:~~ Chairman Bradshaw called for Appointments. Supervisor Ivy inquired from Supervisor Clark if he thought his father, Pat Clark, would be offer~ied if the Board allowed Denise Tynes to continue serving on the Western Tidewater Community Services Board for the full term of the year. Mr. Robertson suggested that the Board not take any action tonight with respect. to an appointment to the Western Tidewater Community Services Board to allow staff time to further investigate how many terms Denise Tynes' has served to date. Chairman Bradshaw moved that the Board reappoint Nola Matthews to serve on the Commission on Aging. The motion was adopted by a vote of (5- 0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw moved the Board reappoint Charles L. Powell to serve on the .Historical Architectural Advisory Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no .Supervisors voting. against the motion. Supervisor Clark moved. that the Board. appoint Judy Winslow to .serve on the Architectural Survey Committee. The motion was adopted by a vote of (5-0) with Supervisors. Bradby, Bradshaw, Clark, Wright and Ivy voting in .favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved the Board approve staff's recommendations and appoint the following persons to serve on the Office on Youth with the exception of the school's and Newport District's representative, and that the Windsor representative be changed to Larry Willis:. Carrsville District/Patricia Sowell; Hardy District/Barbara .Wiggins; Smithfield District/Maria Perkins; Youth Members/Giovanni Albino and Angela Powell; Court Services/Curt More; Sheriff's Office/Captain Joseph Willard; and, Social Services/Gloria Wright. Staff is to bring back. recommendations for those appointments to the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the. motion. Chairman Bradshaw moved that the Board accept the resignation of Lisa Parker Little on the Route 58 Revitalization Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. 17 1 Chairman Bradshaw moved the Board appoint George Parker to serve... on the Route 58 Revitalization Committee, replacing Lisa Parker Little. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, , Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. ` Chairman Bradshaw requested that Mr. Rountree bring back a report to the Board at its second meeting in January, 2006 on the status of the four (4) subcommittees/standing committees and their respective bylaws. // Chairman Bradshaw called for Old Business. Chairman Bradshaw called for consideration of a Resolution of Endorsement of the "Section $ to Homeownership Program." Supervisor Ivy moved the Board adopt the following Resolution: 1 RESOLUTION OF ENDORSEMENT OF THE "SECTION 8 TO HOMEOWNERSHIP PROGRAM" WHEREAS, the Department of Social Services has presented a proposed new homeownership program entitled "Section 8 to Homeownership Program" being offered and implemented through the Family Self Sufficiency program; and, WHEREAS, this new program would continue much needed assistance to promote self sufficiency for low income, elderly, and disabled clients of the current Section 8 program in Isle of Wight County; and, WHEREAS, the Board of Supervisors hereby endorses the pursuit and implementation of the "Section 8 to Homeownership Program" to better address the needs of the citizens and promote self sufficiency in the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia supports the implementation of the proposed "Section 8 to Homeownership Program" to be administered by -the Department of Social Services in Isle of Wight County. 1 The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright. and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw. called for consideration of a Resolution to Amend the County Financial and Accounting Policy. 18 } Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO AMEND THE COUNTY FINANCIAL AND ~ ACCOUNTING POLICY WHEREAS, the Isle of Wight County Financial and Accounting Policy Manual addresses procedures .concerning financial related topics; and, WHEREAS, the following amendment is necessary to add a Parks and Recreation Annual Program Fee Review Policy. NOW, THEREFORE, BE IT AND. IT IS HEREBY RESOLVED by .the. Board. of Supervisors of Isle of Wight County, Virginia, that the Financial and Accounting Policy Manual, be amended to read as follows:. Chapter 2: Financial and Accounting Article X Annual Review -Parks and Recreation Program Fee Review Section 1.0 Parks and Recreation Annual Program Fee Review The Board of Supervisors is dedicated to providing leisure experiences that will have a positive impact on the quality of life for Isle of Wight Caunty residents and visitors. As part of this mission, the Isle of Wight County.. Parks and Recreation Department offers a wide variety of recreational programs. It is the. intent of this policy to assure that program fees pay for direct. program costs. Annually, the Director of Parks and Recreation in conjunction with the Director of Budget and Finance will review programs offered by Parks and Recreation to ..establish program fees which provide adequate income to offset direct program costs. The Board of .Supervisors delegates to the County Administrator the authority to set such fees. 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 Financial and Accounting Policy Manual be adopted. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the. motion, and no Supervisors voting against the motion. Chairman. Bradshaw called. for consideration of a Resolution to Revise- the Isle of Wight Caunty Buildings and Grounds Policies. l9 Supervisor Clark moved the Board adopt the following Resolution: 1 RESOLUTION TO REVISE THE ISLE OF WIGHT COUNTY BUILDINGS AND GROUNDS POLICY WHEREAS, pursuant to the County's Strategic Action Plan item 3.A.2 the County's Parks and Recreation charges have been reviewed and changes to current charges identified in the County Policy Manual have been identified and; WHEREAS, Chapter 5, Sections 4.0, 4.1 and 4.2, need to be amended to read as follows: Chapter 5: County Buildings and Grounds ARTICLE IV Parks and Recreational Facilities Section 4.0 Facility Usage & Rentals (Carrollton Nike Park and Otelia J Rainey Community Center) Application and Fees Anyone wishing to rent out. :any of these facilities must fill out an Application/Permit form at Nike Park and fees must be paid up front in order to hold the area. For additional information, please call (757) 357-2291 between the hours of 9:00 a.m. and 5:00 p.m. There will be no refunds, unless cancellation is made by Parks and Recreation. Inclement weatl:er will not result in a refund unless Parks and Recreation facilities are closed. Pursuant to Code of i~irginia Section IS.Z-1806 (1950, as amended) the ..Board of .Supervisors is aut/rorized to fY fees for County parks attd recreation facilities. Tl:e .Board hereby delegates to the County administrator the authority to set such fees on an annual basis The Director of Parks and Recreation in conjunction with tl:e Director of Budget and .Finance .will review the County's facility usage fees annually and make a recommendation to the County Administrator. Fees for facility usage will be posted on the County's website and will be made available to the general public tJ:rough the Parks and Recreation Department Carrollton Nike Park: Picnic Areas - Rental hours $:00 a.m. until Dusk (30 minutes before dark) Area A (Shelter) maximum of 200 participants r 20 e~~n ~~ -; :-fj~~? A Yew ~t,Al*AY nYAn 1 [n !1 2 +n1~lAnl Cages:-sl~elteent~l Q~ c Q~sc lcn ,.o..~,.Y.~ „Y to~~~ €~IeEt-riC-i-t~ Q~ n IY,A+ ;Y.,.1„aoa : m,~~~l ~eo~ ~~ Area B (Woods) maximum of 100 participants C-#~rges~~te~Qa A YO., e, n Q~ O-iz--o oT~~; .Note: Groups over 200 participants must meet special requirements and special authorization is required (Must rent both A & B areas). Recreation Hall - Rental areas 8:00 a.m. until 10:00 p.m. (Setup and take down time must be included in the time of rental) Meetings -Maximum of 100 participants ~~iiti=ge~s: ~,,.,.,~., nA~;QA„+ el [ Y.AY ~ t,,,,,1J y~A !`A„Y,*., vA~:aA.,+ ern Y,AY_~ >,A„Y~ 1~*. /~Y1t,1 11 A,1Y Q l MAY ~AlIY Banquet -Maximum of 80 participants ~ ~,y"yam ecn SAY l~ t,,,,,Y~ ~~ICl1 V rl .l1 1111„Y Q t G Y,AY_ t~A11Y TTVIT~ AHD' ~7[ r,AY ~ 11 Al,YC. i All rental fees must be paid in full at the time of reservation. Reservations made less than 2 weeks prior to rental must be paid in cash, money order or cashier's check. Renters are also responsible for cleaning tables and placing materials in the trash receptacles. Failure to do so ~i-Il may result in yeu~ revocation of future usage use privileges. Athletic Fields (Softball/Baseball) - Payment in full must be made at the .time of reservation for the use of the. fields. If fund raising rules apply payments for team registration and lights are to be made 2 days prior to tournament. Day use (9:00 a.m. until dusk - 30 minutes before dark) ~,A,, Y1+., nA~:a~* e2n ecnlY,A,. t, At~~Y,A 1;~.L,*n~ ~. e~c ~ Y 1;..1,+~ !~ s~„~~ ~~ ~~e.~l--C-~~$~esi~,e~t ecn QQnIY,AY ~Atai.,A t:nt,+n~ .~ _~~n ~ Y t;,,t,+n !~ 1 ^Y/1RRt1l lY /,il, *T~. t,HAn ~1 \ IMAY ~Y/]Rh1HR^ TAI,Y„nYV,A.-.4 4~AA/1ti,,.,,~Y.,:n:.,.. ~G IY.AY ~A.,.,~, AY.tAYO~ :«+ +l+„YY,.,.,,A.,~1 21 SPECIAL NOTES: Fields will only be prepared by the Department of Parks and Recreation. Parks & Recreation reserves the right to cancel the use of the field at any time due to inclement weather. conditions or due to unanticipated r circumstances. Otelia J. Rainey Community Center Rates for the use of Otelia J. Rainey Community Center's Shelter and Recreation Hall are. the same as the Nike Park rates. Listed below are the maximum number of participants. Shelter.- Maximum of ~-8A 50 participants ~h~) Recreational Hall -Maximum of 36 participants Fort Boykin's Historic Park Rates for the use of Fort Boykin's Historic Park's Sl:elter are the same as tl:e Nike Park rates. Listed below are the maximum numbers of participants. Shelter -Maximum of SO participants 1 Sza~ ~ . ~ n ^ rniri~-~e~2,4~~e ~i „+•~cri-ZZ ee vr0u~ri~ciscca-iv$r-c cvic--.Qv'~i . C /lam ; ••m~rri vRa~c-i~ce}1ti~l---TC~ 1 22 6 pe`s-~-~ ,~ e~ar~El+nts =-ir6 L~-S e~S~6i~- $~A-few-F~~pT° Q~ Q ~ cn ~ a„ ~-€er-~-F,eep~° Q q Q ~ c d-~et~-s~esrrit~-- ~~ ~e Se~Heh-4~ 74du~t~ ' ~.. ~~ NOW, THEREFORE, BE IT AND. IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, .that the 23 Book 2`~ , .. f ~ recommended revisions to the Buildings and Grounds - Parks and Recreation Facilities section of the County Policy be adopted. 1 The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey advised that pursuant to the Board's direction at its December 1, 2005 meeting, staff will begin to regularly attend.. the scheduled monthly meetings of the School Board starting with that Board's January meeting. . County Attorney Stroman requested the Board's consideration of a proposed Agreement between the Isle of Wight County Board of Supervisors and_ Active Network, Inc. which was added under Approval of the Agenda as. a discussion item. He advised that he has reviewed the Agreement and recommends that the Board authorize the Chairman to execute it on behalf of the Board. 1 Supervisor Wright moved the Board approve the Agreement between the County and Active Network, Inc. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey advised that the Department of Planning and Zoning has indicated an interest in proceeding to fill the Erosion and Sediment Control position. He stated that the filling of this position was not due to be filled until March, 2006, but staff would like to move forward and fill this position immediately. Supervisor Clark -moved the Board authorize staff to advertise and fill the Erosion and Sediment Control position immediately. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for New Business. 1 24 Supervisor Ivy addressed the Board on the issue of shared vehicle maintenance between the County and the school administration. He distributed a cost summary depicting that a total amount of $76,350 is currently being expended for oil changes, repairs and maintenance by the County. He inquired if the Board wished to direct him to proceed with finding out if the current school facilities are capable of taking on additional maintenance, and also would the Board want to expand the maintenance to include fire and rescue vehicles throughout the. County. He offered to place the issue on the next Fire and Rescue Association meeting. agenda if the Board wished to direct. him to proceed in than direction. Chairman. Bradshaw noted that procurement is where the largest savings would occur. He .requested that staff provide a recommendation to the Board. if Constitutional Offices should be considered in the shared services effort. He noted that the Social Services Department's Finance Director. just retired, and this may be the time for .the Board to consider incorporating. that position into the County's system. Supervisor Clark asked .Supervisor Ivy to obtain a breakdown for the school administration, noting that savings could be realized from negotiating with private vendors. He noted there may be .some minor areas that can be shared that the County could .compensate the school administration without. an addition to the current facility. being necessary. Supervisor Ivy noted. that efforts are proceeding with respect to Information Technology and central purchasing, and that he would continue to brief the Board at each meeting regarding any progress in this regard.. Supervisor Clark inquired if the County is still accepting drainage easements. Mr. Hartley confirmed that the County is no longer accepting drainage easements. Supervisor Clark moved that the Board appoint Jerianne Gardner as the alternate on the Wetlands Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. .. The Board .again- recognized Supervisor Bradby for his outstanding service to the County, and wished him well in his future endeavors. // County Attorney Stroman requested a Closed Meeting pursuant to .Section 2.2-3711.A.7 to receive legal advice regarding the Eagle Harbor WQIA; under Section 2.2-3711.A.7 to receive legal advice regarding the Virginia Freedom of Information Act; under Section 2.2-3711.A;1 to discuss a personnel matter regarding the assignment, appointment, promotion, performance, demotion of specified public officers, appointees or employees of the. County; under Section 2.1-3711.A.7 to receive legal advice concerning East West Partners lawsuit against the County regarding water .and .sewer connection fees; and, under Section 2.1-3711.A.1 to consider a personnel matter concerning .the evaluation and performance of a specified County employee. 25 ~~ r,~~~ ?~' 1 Supervisor Ivy moved the Board enter the Closed Meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy 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 Bradby, Bradshaw, • Clark, Wright and Ivy voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Ivy 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; 1 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 With respect to the Political Sign Ordinance discussed earlier, County Attorney Stroman noted there would not be a sufficient number of days for the .political. sign ordinance to be considered by the Planning Commission and then advertised for public hearing by the Board, and he anticipates advertising the ordinance for public hearing in February, 2006 versus January, 2006. 26 Supervisor Ivy moved that the Board hold its organizational meeting on Thursday, January 5, 2006 at 4:00 p.m. in the Board-Room. The motion was adopted by a vote of (5-0) with .Supervisors Bradby, Bradshaw, Clark, i Wright and Ivy voting irf favor of the motion, and no Supervisors voting against the motion. // At 10:10 p.m., Supervisor .Bradby moved the Board adjourn its meeting. The motion was adopted by a vote. of (5-0) with Supervisors Bradby, Bradshaw, Clark, Wright and Ivy voting in~ favor of the motion, and no Supervisors voting against the motion. h' p A. Bradshaw, Chairman W. Dougl Ca key,. Clerk