Loading...
03-16-2006 Regular Meeting1 I~ 1 eao~ ~~ ~.:.:~~~ REGULAR MEETING OF THE ISLE OF .WIGHT COUNTY BOARD OF SUPERVISORS HELD THE. SIXTEENTH DAY OF MARCH IN -THE YEAR TWO THOUSAND AND SIX PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas R. Ivy. Phillip A. Bradshaw Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator .Anne F. Seward, Assistant County. Administrator Carey Mills. Storm, Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. // Supervisor Bradshaw delivered the invocation. r // The Pledge of Allegiance was conducted. // Chairman Wright called for approval of the agenda. County Attorney Stroman requested that the. following amendments be made to the agenda: Under Consent Agenda,. pull Item (F) to .allow the j Director of Information Resources and. Legislative Affairs to .present a proposed agenda for the Town meeting; under the County Attorney's. report, add a request for a late item. pertaining to the Wells Fargo Leasing tax refund and resolution; under-Old Business, add Item (D), an update on the Route ~ 460 Corridor Alignment; under Old Business, add Item (H), a discussion on i the Memorandum of Understanding with the 'Town of Smithfield; upon the arrival of Reverend Harris, add an update on the School. House 1Vluseurn; under New Business, add a Resolution in Recognition of the 60~' Anniversary of the Carrsville Ruritan Club; under Closed Meeting, add. five (5) additional items; and, following Approval of the Agenda, add the introduction of Amy Ring, the new Assistant Director in the Department of Planning and Zoning. Supervisor .Bradshaw .moved that the Board approve the agenda, as amended.. The .motion was .adopted by a vote of (5-0) with Supervisors 1 f __ _ ~ } Bradshaw, Brown, Clazk, Ivy and Wright voting in favor of the motion, and. no Supervisors voting against the motion, /! Beverly H. -Walkup, Director of Planning and Zoning, formally introduced Amy Ring, the. new Assistant Director of Planning and Zoning,. to the Board. // Chairman. Wright indicated the Consent Agenda included the following items: A. .Selective Enforcement Grant Funds Resolution to Accept and Appropriate Selective Enforcement Grant Funds from the Virginia Department of Motor Vehicles B. Hampton Roads Military and Federal Facilities Alliance. C. 2006 TRIAD. Annual Conference -Funding Request D. Appropriation for Mandated Comprehensive Services Act. Expenses Resolution. to Appropriate Funds from the Unappropriated Fund Balance of the General Fund and Accept and Appropriate State Funds for Comprehensive Services Act Expenditures. E, Status Report -School Appropriations by Category F. Town Meeting Resolution to Set A Board of Supervisors' Meeting on Mazch 23, 2006 G. FY06-07' General Operating and Capital Budget Work Session H. Planning Commission Action List of February 28, 2006 L Delinquent Real Estate Tax Collection Monthly Report J. February 15, 2006 Regular Meeting Minutes Supervisor. Bradshaw moved that in addition to the removal of Item (F) under Approval of the Agenda, Item (D) also be removed, and the`remaining items on the Consent Agenda be approved by the Board. The motion was 2 6, 1 i~ 1 I~ 1dOK 2~ ta.•~~~i adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Responsive to Supervisor Clark's request for clarification on Item (D), Resolution to Appropriate Funds from the Unappropriated Fund. Balance of the General Fund and Accept and Appropriate State Funds for Comprehensive Services Act Expenditures, Anne F. Seward, Assistant County Administrator, advised. that the funding typically appropriated by the Board, which is in addition to state and federal funds received through. the Comprehensive Services Act, have been exhausted and additional funds are necessary to children that are mandated through the court system. Supervisor Clark moved that the Board. adopt. the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND ACCEPT AND APPROPRIATE STATE FUNDS FOR COMPREHENSIVE SERVICES ACT EXPENDITURES WHEREAS, the Board of Supervisors of the .County of Isle of Wight, Virginia has approved .additional funding for Comprehensive Services Act expenditures; and, WHEREAS, the total funds in the .estimated amount of sixty-two thousand and sixty-nine dollars ($62,069) need to be appropriated to the FY 2005-06 Comprehensive Services Act Operating Budget of the County of Isle of.Wight; and, WHEREAS, a portion of these funds in the amount of twenty-one thousand. seven hundred eighty-three dollars ($21,783) needs to be appropriated as local cash match .from-the Unappropriated Fund Balance of the General Fund to the FY 2005-06 Operating Budget of the County of Isle of Wight; and, WHEREAS, the balance of said funds in the amount of forty thousand two hundred eighty-six .dollars ($40,286) or so much as .shall be received needs to be accepted and appropriated from the Commonwealth 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, Virginia that wenty- one thousand seven hundred eighty-three dollars ($21,783) from the Unappropriated Fund Balance of the General Fund and forty_thausand two hundred eighty-six dollars ($40,286) or so much as shall be received from the 3 e .._... . eooK 23:~.~-75~ Commonwealth be appropriated to the FY 2005-06 Comprehensive.Services Act 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 alI things necessary o give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor. of the. motion, and no .Supervisors voting against the motion. Under Item (F), Town Meeting, Resolution to Set A Board of Supervisors' Meeting on March 23, 2006, Donald T. Robertson, Director. of Information Resources and Legislative Affairs, presented a draft agenda for the upcoming Town meeting for the Board's consideration. Supervisor Clark moved. that the Board accept the agenda as presented and adopt the following Resolution: RESOLUTION TO SET A BOARD OF SUPERVISORS' MEETING ON MARCH 23, 2006 WHEREAS, the hoard of Supervisors of the County of Isle of Wight, Virginia desires to revise its regular meeting schedule adopted at its organizational meeting of January 5,.2006, and, WHEREAS, the Board of Supervisors took action at its meeting of February 2, 2006 to hold its Town Meeting;. and, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight County, Virginia will hold its Town Meeting on Thursday, March 23, 2006 at 7:00 p.m. at the Carrsville Elementary .School. .The motion was adopted by a vote of (5-0) with Supervisors. Bradshaw, Brown, .Clark, Ivy and Wright. voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Wright called for Regional Reports. ..County Administrator Casket' reported. that transportation issues .:continue to remain the primary topic of discussion at the most recent meeting of the Hampton Roads Planning District Commission.. He advised that the Commission received a presentation on the Rural Safety Study which focuses. on communities that are .not part of the. MPO, such as the City of Franklin 4 1 i~ 1 _ P I iooK ~3 ~~.:75~ ..and the Counties of Gloucester,. Southampton. and Surry. He advised. the Board that. they should. anticipate receiving correspondence from him containing excerpts of that Study and crash data information on Raute 460. Chairman Wright.. reported that Supervisor Clark .would be, attending the Hampton Roads Partnership meeting on Apri126`~ in his absence.- Supervisor Bradshaw reported that the .next meeting of the Hampton Roads Economic Development Alliance is scheduled .for. the end. of March, 2006. Supervisor Brown reported at the most recent meeting` of the Southeastern Public Service Authority, it was announced that Mr. Whitehurst of the Portsmouth City Council has resigned.- He noted that Mr: Whitehurst had been supportive of the efforts to bargerefuse in from. Newyork andNew Jersey. Chairman Wright reported that the next meeting of the Western .Tidewater. Regional Jail is scheduled. for Wednesday, April 12, 2006. Chairman Wright reported that .the .next meeting of .the Western Tidewater Water Authority is scheduled-for Friday, March 17, 2006. Supervisor Clark reported that the High Growth Coalition has.not met since the VACo Annual Conference.- Supervisor Bradshaw reported that VACo committee meetings will be .held on Friday during the third. week in May, 2006, in Williamsburg. He noted that additional information will be forthcoming.. Supervisor Bradshaw reported on the meeting head last week with the City of Franklin to discuss issues related to sewer and water. He further reported that there had been a joint meeting between the City of Franklin, the .City of Suffolk, Southampton County and Isle of Wight County. He noted .that... the .City: of Franklin has agreed to work with the County and Suffolk regarding turning over their `treatment plant, of which the County is part owner,. and become a member of the Hampton Roads Sanitation District. He noted that discussion is in the preliminary stages; however, progress is being made to move forward in a regional effort. With respect to the issue of water, Supervisor Bradshaw reported that the County is being charged residential rates for water by the City of Franklin as it crosses the river andthat the'County is again requesting bulk rates. He advised that he anticipates that the County's request to be denied. as the County is currently paying less than Southampton County far its water-. 5 1 1 ooK 23 `„.~~4 B With respect. to fire and rescue services with Franklin, Supervisor Bradshaw reported that County Attorney Stroman is in the process of finalizing the Agreement. Supervisor Bradshaw reported that. a -joint meeting was held. this past week with the City of Suffolk and Southampton County to discuss sewer. He noted that staff will be returning with a report for the Board. .Supervisor Bradshaw moved that the Board direct staff`to send a letter to the Franklin City Council requesting that. Isle of Wight County be charged a bulk rate for `water... The motion- was adopted by a vote of (5-0) with Supervisors. Bradshaw, Brown, Clark, Ivy and .Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Wright reported that at the most recent meeting of the .Windsor Intergovernmental Relations Committee, the Windsor Town Council had rejected the County's verbal ®ffer to take over expenses for the: maintenance of the Windsor Fire Department facility and property due to a fear that .the County is attempting to eliminate the volunteers serving at that fire station. He advised that he had assured the .Town Council that the County has no such intentions of eliminating these volunteers. ~ Supervisor- Bradshaw moved that the Board direct-the County Attorney to meet with- Attorney Pretlow as soon as possible to develop an appropriate proffers agreement- to be brought. back to the Board for consideration at its 'April 6, 2Q06 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in -favor of the motion, and no Supervisors voting against the motion. Following a discussion on what firm. performed the. most recent update, Supervisor Bradshaw: noted that the amount should be based on the dollar amount that the Town of Windsor needs to provide for educational expenses. County Attorney Stroman noted that the Town of Windsor's Annexation Agreement varies from the Town of Smithfield's, as it indicates than it would be any study that the Town of Windsor approves, and that he would first need to inquire if Windsor approves the study performed by the Hampton Roads Planning District Commission staff; otherwise, it will be based on the Tischler Study. Chairman Wright moved that the Board direct staff to correspond with Kurt Falkenstein, Windsor Town Manager, to request that he develop a formula for fire and rescue squad payments;. County staff is to do the same; and, the County and the. Town of Windsor should meet as soon as possible relative to fund'-ng in .order to cover capital- and operating expenses. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright .voting in favor of the. motion, .and no Supervisors voting against the motion. 6 _... i~ i i~ 1 f Supervisor Ivy reported that at the most. recent meeting of the Smithfield Intergovernmental Relations Committee the Memorandum of 'Understanding for the Smithfield facility had been approved by the Smithfield .Town Council. He noted -that staff is to advise the Town on the action taken by the Board this. evening, and that it be forwarded to the Smithfield Town .Council for Committee and Council approval. He advised that. there remains a question with respect to disposition: of the rescue_squad .building, and that the Town would like to make an offer to the County for its half interest in that facility due to the facility's close proximity to a water. treatment plant. Supervisor Ivy advised. that the Board was asked. to review the matter of the Cypress. Creek boundary line adjustment. Regarding affordable. housing strategies, Supervisor Ivy reported that discussion revolved around the feasibility of hiring a consultant if a funding formula based on population is .desired. He noted that the Smithfield Town Council members who .were present were agreeable,. and that they were going to present the issue to the full Council and seek its approval. He advised that the Town is requesting assistance from the County in connecting their MUMS system for supplements. and abatements. County Administrator Caskey advised that staff had discussed this previously. Supervisor Bradshaw advised the. Board that at the Windsor Intergovernmental Relations Committee meeting, the Town of Windsor had indicated that it wishes to further discuss the Matthews property -with the Board. He noted. that the Town had also approached Supervisors Bradshaw and Wright relative to a boundary line adjustment. Supervisor Clark indicated that he would be willing to attend any of regional committee meetings that are held during the Board's trip to Isle of Wight, England if the respective Board members would let him know which meetings they would like him to attend. t j ~~ Chairman Wright called for Transportation Matters. Sandon S. Rogers, Transportation Planner,. requested that the Board give consideration to appointing the individuals contained in the Board report to serve on the Transportation Safety Committee. Supervisor Bradshaw moved that the Board accept the recommendation ~ of staff to ~ appoint the following members to serve on the Transportation .Safety Committee for a one (1) to four (4} year term which will expire on the 7 i eoeh 23 ,;,:_~ 7~6 third. Tuesday of February in the year that their term expires: Theodore Hardison/Carrsville District, for a term of one (1) year, which will expire in February, 2007; Sgt. Martin Roach/Smithfield District, for a term of two (2) years, which will expire in February, 2008; Christopher Thomas/County Law enforcement for a term of two (2) years, which will expire in February, 2008; Eddie. Rae ScottlWindsor District, for a term of three (3) years, which will expire in February, 2009; and, Stan D. Clark as the Board: representative far the term of his elected term, which will expire at the end of his elected term.. ` The motion was adopted by a vote of (5-0) .with .Supervisors Bradshaw, Brown, Clark, Ivy and Wright .voting , in favor of the motion, and no Supervisors voting against the motion. Supervisor Brown advised that he would have a recommendation in the near. future of an individual to represent the Hardy District (for a term of four (4) years, which will expire in February, 2010). Mr. Rogers called the Board's attention to the list of VDOT responses to action items from: the various Board meetings through February 1 S, 2006, as contained in the agenda. Chairman Wright requested that staff ensure that the streetnumbers are correct in the Town of Windsor and that he be e-mailed clarification. of a particular street that is supposedly located in the Town. !/ Chairman. Wright called for Citizen's Comments. .Barry Duval requested an opportunity to address the Board concerning the Red Oaks Mobi a Home Park private water system. Supervisor Bradshaw moved that the Board allow Mr. Duval. an opportunity to ~ address the .Board under Item (A) of the Public Utilities Report. The motion was adopted by a vote- of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion, /1 Chairman Wright called for the County Attorney's report.. County. Attorney Stroman introduced an entertainment .contract with Fast Action Motorsports that he has approved as to form and recommends the Chairman execute it on behalf of the Board. .Supervisor Clark .moved that the Board authorize the Chairman to ` execute the Fast Action Motorsports Entertainment contract for services, as recommended by the County Attorney. The motion was adopted by a vote of 8 1 1 I~ 1 (5=0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of-the motion, and no Supervisors voting against the motion. County Attorney Stroman presented a revised Addendum No. 2 to the Wampler-Eanes contract. for assessment services for the. Board's consideration, which he has approved as to .form and recommends that: the Board authorize the Chairman to execute on behalf of~the Board. He advised that the number has been. revised to a total of 1.,400 parcels, and the contract. price has been increased to $229,751. Supervisor Clark moved that the Board authorize the Chairman to execute the Addendum No. 2 to the contract for assessment services, as amended to reflect a tots} of 1,400 parcels,_ on behalf of the Board,. and as recommended by the County Attorney. The.motion was adopted.by a vote of (5-0) .with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion... County Attorney Stroman presented a Financial Advisory Services Agreement- with The PFM Group, which is consistent with the RFP issued which he has approved as to form and recommends that the Board authorize. the Chairman to execute on behalf of the Board. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the Financial Advisory Services Agreement between. the Board of Supervisors and "The PFM Group". The motion was adoptedby a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. .County Attorney Stroman introduced .the late item added under the Consent Agenda concerning a tax write-off for the Wells -Fargo financial leasing tax refund. He advised that this item addresses an error, in an amount greater than $2,500, on materials that were assessed in equipment tax; however,. they consist of farm equipment, and the. Board has dispensed with than tax. He presented a Resolution for the Board's consideration approving the tax refund which he recommends the .Board adopt. Supervisor Ivy moved that the Board adopt he following Resolution: RESOLUTION TO AUTHORIZE A TAX REFUND FOR WELLS FARGO LEASING WHEREAS, Wells Fargo. Financial Leasing has requested a refund of taxes paid on equipment for tax year 2005; and, WHEREAS, the .Commissioner of the Revenue has reviewed the application of Wells Fargo Financial Leasing. and determined that- the equipment in question is exempt from taxation; and, 9 ~n~K ~~ ~~::~75g WHEREAS, the Commissioner of the Revenue has determined. that Wells Fargo Financial Leasing is owed a refund. in' the amount of Five Thousand Three :Hundred Seventy-Eight Dollars .and .Seven Cents; {$5,378.0?); and, WHEREAS, the County.Attorney: has approved the refund;. and, WHEREAS, Isle of Wight County Code Section 15-19 requires the review and approval of tax refunds exceeding Two. Thousand Five Hundred Dollars ($2,500); and, WHEREAS, it appears that the refund. requested is well-founded. NOW, THEREFORE, BE IT, AND IT IS HEREBY RESOLVED, that the Isle of Wight County Board of Supervisors authorizes a tax refund to Wells Fargo' .Financial Leasing in ,the amount of Five Thousand Three Hundred Seventy-Eight Dollars and Seven Cents ($5,378.07). The motion was .adopted by a vote of (5-0) with Supervisors Bradshaw, k I and Wri ht votin in favor of the motion, and no Brown C}ar S ~'y g Supervisors voting against the motion. . County Attorney Stroman advised that the remaining items under his urin the Closed Meetin . were far discussion with the Board d g re ort g P /f Chairman Wright called far the Community Development Report. Beverly H. Walkup, Director of Planning and Zoning, presented the following application for the Board's consideration:. The application of Jones Creek Association, LLC for Captain Chuck-a- muck's Ship Store and Grill for a Preliminary Site Plan Review and a Water Quality .Impact Assessment (WQIA) to re-construct a one thousand,: four hundred and thirty-five (1,435) square foot Ship Store and Grill Restaurant on .57 acre of land. The application site is located on Marina Road in the Newport Election District. Ms. Walkup reminded the Board that in.July, 2005 it had voted on a ~ pump and haul agreement for this site, which would be returning to the Board under the Consent Agenda if the application is approved, pending approval. by the County Attorney. Supervisor. Clark moved that the. Board approve the application of Jones Creek Association, LLC. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,. Brown, Clark, Ivy and Wright voting in favor of .the motion, and no Supervisors voting against the motion. i 10 .. 3 1 II r . ~~e~ ~3 ~a~59 Mark Harrup, Long-Range Planner, addressed staff's current efforts to develop an affordable housing strategy. He advised that of the two (2) consultants who had submitted proposals and were interviewed by staff, the Innovative Housing Institute was selected. He requested that the .Board. authorize the. funding necessary to hire the selected consultant; that the Board authorize staff to enter into negotiations of terms with. the selected consulting: firm; and, that the Board approve staff's suggested composition of membership .for an Affordable Housing Task Force. He advised that the Town of Smithfield has indicated a willingness to participate in the cost' sharing and it is also requesting permission to make a minor change to the criteria for the composition of the Affordable .Housing Task Force, as follows: "two (2) members of the Planning Commission or Planning staff from the County and each of the Towns." Following discussion by the Board. relative- to whether or not the funding would change if -one (1) of the Towns did not join the Task Force, Supervisor Clark recommended that it read "aII participating Towns." He pointed out that the study .would need to include the Town of Windsor because it is located in the County, although the Town of Windsor would not be able to participate or vote on matters if it did not contribute to the- cost sharing: Ms. Walkup recommended that the Board defer voting on the membership at this time. Supervisor Clark moved that the Board authorize staff to negotiate with the vendor; hire the vendor; return to .the Board with the terms of membership and an agreement at a later date; and, adopt the following Resolution to Appropriate Funds from the Unappropriated Fund Balance for Professional Services for an Affordable Housing Strategy: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR PROFESSIONAL SERVICES. FOR AN AFFORDABLE HOUSING STRATEGY WHEREAS, the Board of Supervisors. of the County of Isle of Wight, Virginia has determined that it is appropriate to address and study the issues of affordable housing and to develop a common, County-wide solution; and, WHEREAS, funds in the amount up to thirty thousand ($30,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2005-06 Operating Budget. NOW, THEREFORE, BE IT RESOLVED. by the Board of Supervisors of the County of Isle of Wight, Virginia that up to thirty thousand ($30,000) dollars from the Unappropriated Fund Balance of the General Fund be ~ appropriated. to the FY 2005-06 Operating Budget.. 11 ~n~~ ~~ F~_:`~~a BE IT FURTHER. RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the. appropriate. accounting adjustment inthe budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-Oj with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no .Supervisors voting against the motion, County Attorney Stroman offered to prepare the necessary contract with the vendor and bring it back to the Board for its consideration. // Chairman Wright called-for the Public Utilities report. E. Wayne Rountree, P.E., Assistant. County Administrator, in the absence of Columbus Grant, III, Director of Public Utilities, presented the issue of the Red Oaks Mobile Home Park private water system. Barry Duval, Kaufman & Canoles Consulting, spoke representing the 177 families residing at the Red Oaks Mobile Home Park. He stated .that his attempts over the last four (4) years to facilitate hooking the residents of the Red Oaks Mobile Home Park to the public water system had gone well until a year ago, when there .appeared t® be a reversal in the approach. He distributed a copy of a report developed by the Public Utilities Director in 1444- which revealed that the Public. Utilities Department had contemplated .acquiring and operating the Red Oaks water system. He stated that when he rnet with the Public Utilities Director in August of 2004 to discuss how to implement the project, the Director indicated to him that there was a policy being contemplated by the Board, pertaining to private water systems, especially those systems that were failing to meet health standards. He stated :that fluoride levels are higher in the Red Oaks Mobile .Home Park than allowed by the. Virginia Department of Health, and the goal is to provide safe and affordable drinking water to those residents. He stated included in the Board's-agenda is a copy of the policy which adequately addresses the County's concern with water systems and in what situations the County may evaluate a water system and bring it into the County's system. He advised that he met with the County Administrator on December 21, 2004, at which time: staff had. indicated a willingness to acquire and operate the water systemi and advised. him that he would be receiving a response from the County regarding its acquisition by February 15, 2005. He stated that. when he did not hear back from staff, he again contacted staff and was told to meet with the new Public Utilities Director. He stated following his explanation to the .Director, he received a letter dated March 17, 2006 stating that the County's Planning and Zoning staff discourages systems within private .streets being owned by the County,. and that these systems are typically 12 1 1 1 ao~K 23.„::761 served by a master meter. He stated that he has continued to work with staff over the last' ten (10) months; however, he believes that he has now reached an impasse. He_ informed the Board that he received a-letter from staff just prior to this meeting advising that the County could. take in the existing customers on the County's system, but that there would be a connection charge of $1,000 per customer to do that, totaling $1 77,000. He stated, properly applied, this policy would apply to new systems, new developments, or new hook-ups in the form of a connection fee. However, he does not. believe the policy should apply to citizens who already have health problems and .already have water that exceeds the- fluoride: level, especially when there is already going. to be $500,000 invested. He stated that he believes that the County's change in direction is simply a policy :change because the County. -does not want to own public lines in private. streets. He advised that the City of Newport News, in its Waterworks ,policy, owns public lines in private streets and requires that a waterworks application be filled out by developers who give easements to the City so that it can repair the lines. Supervisor Bradshaw recommended tabling the issue, .noting chat Supervisors Brown and Ivy are new Board members, and the Boardwould like additional time to discuss the matter. with staff so .that they. are. better informed on the issue. County Attorney Stroman advised that he had. briefed Supervisor Ivy on the matter, although he has not had an opportunity to discuss it with Supervisor Brown. Supervisor -Brown welcomed the opportunity to further discuss the matter in greater detail with staff. Mr. Duval noted that there was no urgency on his part and that he ..would be glad to wait until the Board had an opportunity to review the matter further. Supervisor Bradshaw moved that the Board table the matter; allow staff to review it and meet with Board members; and, bring the. issue back to the Board for discussion at its April. 6, 2006 meeting.. The motion -was adopted by a vote of (5-0) with Supervisors. Bradshaw, Brown, Clark, Ivy and Wright .voting in favor of the motion,-and no Supervisors voting against the motion. County Attorney Stroman requested that Mr. Duval. advise him of the date of the most recent. letter he had received from staff just prior to this meeting stating that the,County could take in the existing customers, but that there would be a $1,000 per customer charge. Mr. Duval replied. the. author of -the letter was Mr: Grant and dated March 7, 2006. - l3 Supervisor Ivy requested that a copy of the March, 7, 2006 letter be supplied to the Board. ' County Attorney Stroman offered to follow up with Mr. Grant. upon his return to work and obtain a copy for the Board's reference. // At ?:00 p.m., Supervisor Bradshaw moved that 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 Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion.' // Chairman Wright called for a public hearing on the following; The application of -Bobby J. Byrum, owner, and Sandy Bottom Materials, Inc., operator, for a Conditional Use Permit to operate a 6.4 acre borrow pit on approximately twenty-one (21) acres of land located off Shady Pine Lane in the Windsor Election District, Ms. Walkup certified that the application had been properly advertised. Chairman Wright called for ,persons to speak in favor of, or in opposition to, the proposed application. Attorney Joshua Pretlow, representing Mr. Byrum, referred to the letter contained in the agenda. dated March 3, 2006 and listing .four (4) conditions. He requested that the Board approve the application. Chairman Wright closed. the public hearing and called for. comments from the Board. Supervisor. Clarke moved that the Board approve the .application of Bobby J. Byrum and Sandy Bottom Materials, Inc., as conditioned. The motion was adopted by a -vote of (4-1) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion, and Supervisor. Bradshaw voting against the motion. Chairman Wright called for a public hearing on the following: The application of Todd M. and Kristi M. Bryant, owners, and Dural R. Collins, II, prospective owner, fora .change in zoning classification from Rural Agricultural Conservation (RAC). to Conditional-Rural Agricultural. Conservation (C-RAC) sixty-nine (69) acres of land and to Conditional-Rural Residential (C-RR) ten (10) acres of land located off l4 r . 1ln~~ f~;.7~3 the east side of Modest Neck Road (Route 625) south. of Mill Swamp Road. Route 621) in the Carrsville.Election. District. The purpose of the application is for one (1) single-family residential lot,- as .conditioned. Ms. Walkup certified that the. application had been duly advertised. Chairman. Wright called for persons to speak in favor of, or in opposition to, the proposed application. No one spoke in favor or in opposition.. Chairman Wright. closed the public- hearing. and called for comments from the Board. Supervisor Clark inquired if the property could be subdivided. Ms. Walkup advised that the parent tract. consisting.. of eighty (~0) acres, can yield three (3) lots under the sliding scale, She advised that one (1) lot had been subdivided in 2004;.that the proposed. lot is the second lot; and, the residue will make the third lot. She advised that. the applicant .has reserved one (1) family member transfer from the residue, .but this .proposed lot has been proffered against further subdivision. Supervisor Bradshaw moved that the Board. approve the application of Todd M. and Kristi M. Bryant and.. Dural R. Collins, II, prospective owner, as e conditioned. The- motion was adopted by a .vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against. the motion. Chairman Wright called for. a public hearing on the following: The application of Stephen Harmon for an exception to the Chesapeake Bay Preservation .Area Ordinance. Specifically, Section 4002 (B)(2)(a) to allow encroachment of thirty-six (36) feet into the 1.00 foot Resource Protection Area Buffer for the construction of a single- ' family residence. The property, containing 1.326 -acres of land. is known as Lot 3, subdivision of property for Jack U. Oglesby, located on the west side. of Wrenn's Mill Road {Route 677)- in the Hardy Election District. Ms.. Walkup certified that the application has. been properly advertised. ~ Chairman Wright called for persons to speak in favor of, ~ or in opposition to, the proposed application. Dave Balsey, 2033 Meadow Lake Court in Norfolk, on behalf of the applicant,. stated that the applicant has made all attempts to minimize the 15 ...._.. _.... t ~y; s coax ~~ ~~::r76~ impacts within the. Chesapeake Bay Preservation Area.. He stated the original plan, which called .for. 3;164 feet of impacts, has been reduced by half due to a setback variance that the applicant had obtained. He further stated the :applicant .will be utilizing an eff cient septic field design and .dry wells to keep the runoff from the home flowing into the creek. He requested thatthe Board approve the application. Chairman Wright closed the .public hearing and called for comments from the Board. ' Supervisor, Clark asked staff if the footprint had been reduced as much as possible. Ms. Walkup replied that. the foot print of the home does meet the average of the surrounding homes in that area. She confirmed that staff is satisfied that there is no other way to situate the home on the lot so that it removes any impact to the RPA other than rendering the lot un-buildable. Supervisor Clark- moved that the Board approve the .application. of Stephen Harmon. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,. Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. !/ Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting. in favor of the motion,. and no' Supervisors voting against the motion. i/ Chairman Wright called for the Emergency Management. report.. Richard O. Childress, Director of Emergency Management, stated pursuant to the Board's action at its February 2, 2006 segu~lar meeting that the Fire and Rescue Association evaluate the Board's motion to change the item in the Fire and Rescue CIP submittal fora .new fire •station in the .central .part of the County to read Central .Hill .Emergency Services and .move the $:125,000 in year 13/14 to year 06/07; the $490,000 in year 14/15 to year 1111.2; and, the $660,000 in year 15/16 to year 12/13, and that staff report back- to the Board with their comments. He stated the Association had made a motion, which was adopted unanimously, to approve the funding moving. forward,..and further moved that all stations must meet response time. goals and delay the building of ;any additional fire stations until those goals are established and agreed upon by the Association. 16 1 1 80AA ~,3 i~:•'~U~ Supervisor Ivy stated it is the Association's intention to obtain the services of a~ consultant for the development. of a response time and/or .master facilities plan for- fire and rescue stations in the County which would identify the number of stations to be built, as well as where these stations should be located. Mr. Childress advised that $30,000.has been allocated in the.budget for this effort. Supervisor Bradshaw moved the Board direct the Director of Emergency Management to develop an RFP on the master plan for fire and rescue for presentation back to the Board for approval. The motion was .adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, lvy and Wright voting in favor of the motion, and no Supervisors-voting against the. motion. Supervisor Bradshaw requested Mr. Childress to proceed in this regard immediately. Supervisor Ivy advised Mr. Childress that the consultant should make a recommendation that is based. on the. County's Comprehensive Plan. Mr. Childress reported that the County has participated in the following four (4) local .and regional exercises related to emergency planning/preparedness this fiscal. year: PODEX; LEPC Exercise; VOPEX; and, Cyberterrorism. He advised that there are also three (3) local and regional exercises .scheduled or in .development for this fiscal year, as follows: Community Based Emergency. Response Seminar; Western Tidewater area exercise; and, the Rushmere Citizen Evacuation Exercise. He advised that there is -one (1) other possible state-wide exercise .that the County may be asked to participate in that will take place at the end of April, 2006. I/ ~ Chairman Wright called for the County Administrator's report. Ms. Seward. briefed the Board on a recent subcommittee meeting of the Chamber of Commerce that she attended in which the. assessment. process .and its impact on the community were discussed. She. stated it was recommended that. a question: and answer sheet. on the assessment process. be sent to -all individuals requesting appeals. She- requested the Board's .authorization to hold a public informational meeting. on the assessment process prior to .the mailing of the. public notices. She noted that Steve Wampler, the County's assessor, has agreed to .be present at the meeting. Chairman Wright suggested that staff might hold meetings in both ends of the County... 17 88 - I ~ . 90nK 2~ ,;;_,7 f j~j Supervisor Ivy moved that the Board authorize staff to holdup to two (2) public informational meetings (northern and southern ends of the County,: as deemed necessary) on the assessment process and the resulting impacts to the community. Staff is to investigate the. feasibility. of having .Charter put it on the PEG channel beginning at this point in time and running until the end of the assessment process. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown; Clark, Ivy and .Wright voting in favor of the motion, and no Supervisors voting against the motion. Emily G. Haywood, Director of .Human Resources, responsive to the Board's direction at its February 2; 2006 meeting" for staff to review the feasibility of providing health insurance coverage to retirees, advised.. the Board that the Virginia Retirement System vial allow localities to opt into a health insurance program to give a member that had fifteen (15) years of service a $45 monthly credit towards his coverage either through the County, a spouse's plan or their own individual plan. She presented a Resolution to Participate in the. Optional. Health Insurance .Credit Program. for. Local Government Employees for the Board's consideration. Supervisor Bradshaw .moved that the Board adopt the following Resolution; RESOLUTION TO PARTICIPATE IN THE OPTIONAL HEALTH INSURANCE CREDIT PROGRAM FOR LOCAL GOVERNMENT. EMPLOYEES WHEREAS, the County of Isle of Wight, employer code 55146, does hereby elect to provide the Health Insurance Credit Program as provided in the- Code of Vir ig_nia Section 51.1-1402 for its. eligible current and future retirees as defined- in Article 5, Chapter 1 of Title 51.1 of the Code of Virginia; and, WHEREAS,. pursuant to the. Program, retirees with at least 15 years of creditable service. shall receive a health insurance credit to reduce .the retirees' health insurance premium cost, not to exceed a maximum monthly credit of forty-five dollars ($45.00); and, WHEREAS, the County of Isle of Wight agrees to accept all liability for any .current or future additional employer contributions and any increases in current or future employer contribution rates resulting from its election to provide the benefits of the Program to its retirees; and, .WHEREAS, the County of Isle of Wight elects to allow its eligible retirees to receive the benefits under the Program effective July 1, 2006. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that - the Chairman of the Board of Supervisors; and the :Clerk of the County of Isle 18 1 1 1 1 ao~~ 23.~~:`767 of Wight, are hereby authorized and directed to execute any required contract in order that .said eligible retirees of the County of Isle of Wight may participate in the Health- Insurance Credit Program as provided for in the Code of Virginia. In execution of any contract which may. be required, the _ seal ofthe County of Isle of Wight. shall be affixed and attested by the Clerk, and officers are authorized and directed to .pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the County of Isle of Wight for this purpose. The motion was adopted by avote of (5-0) with Supervisors Bradshaw,. .Brown, Clark, Ivy and Wright voting in favor of..the motion, and no Supervisors voting against the motion. Donald T. Robertson, Director of .Information Resources and Legislative Affairs, advised that transportation and the. budget will be ongoing issues for discussion at a special session of the General Assembly on' March. 27, 2006. He further advised that the Governor is traveling throughout the state emphasizing the need for a transportation :plan. He stated the most critical issue that will require action of the part of local governments relates to- the machinery and tool taxes, specifically House Bill 1290 and Senate Bill 560, which jeopardize the County's ability to collect taxes. He stated these- bills include the term. "idle" in its language, which means if a piece of :equipment remains unused for a period of three. (3) months, then it is deemed "idle" and can. not be taxed. He recommended that the Board contact the Governor and request that he veto those Bills. He advised that House Bill 94 and Senate Bill .394 pertaining to imminent domain did not pass, and he cautioned that it could reappear next year with -even stronger lobbying efforts. He advised that any items carried over from this session of the General Assembly -will be heard in December, 2006 with action taken in the 2007 session. He stated he would remain engaged with VACo and its committees and further discuss those pieces of legislation. Supervisor Bradshaw suggested.. that Mr. Robertson attend .the Transportation Committee meeting an May i 9, 2006. in Williamsburg.: He advised that .the Board of Directors' meeting is scheduled for the morning of May 21, 2006. Supervisor Clark moved the Board direct staff to prepare a letter to the Governor, under the signature of the Chairman, advising that the. County;is ...opposed to any changes in the tools and machinery statute or language in the statute that may adversely affect the County's ability_to collect tools and machinery taxes... The motion was adopted. by a vote of (S-d) with Supervisors Bradshaw,. Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Wright called for Appointments. 19 LOOK ~~ rfi~'~~~ Supervisor -Clark moved to reappoint .Stella Bradshaw to serve on .the Paul `D. Camp Community College Board. The motion was adopted by a vote of (5-0) .with Supervisors- Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion,. and. no Supervisors. voting against the motion. Supervisor Clark moved that the :Board reappoint Carroll Keen to serve on the Industrial Development Authority, representing the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against. the motion.. // .Chairman Wright called for Old Business. Liesl R. DeVary, Director of Budget .and. Finance, represented the School. Board's request for additional funding for fuel costs. She advised that County .Administrator Casket' had received correspondence relative to the status of the school's estimated energy deficit. She advised that the school's Director of Budget-.and Finance had provided staff withamonth-by- month comparison sheet illustrating what has been spent to date and-what: is anticipated to be spent in the future. .She advisedthat-according to hi projections, the schools wilt only have a shortfall of $.116,500. She reminded the Board that it had already permitted the School Board to transfer $344,000 within their budget, and that the School Board had originally requested that the County allocate '$425,000, but at ,the .County's recommendation, the school's Finance Director was. directed. to continue monitoring the budget. - She recommended that staff continue to monitor fuel expenses and that the Board.anticipate-having to authorize a transfer in May or June, 2006. The Board concurred with Ms. DeVary's recommendation to continue monitoring fuel expenses until May or June, 2006. Ms. Seward, responsive to the Board's direction at its February 2, 2006 meeting, briefed the Board relative. to the recent meeting with the Blackwater Regional Library appointees relative to responses received to the participation review. She referred to a Ietter included in the Board's agenda from the Regional Library. Board that addressed some of the issues that had not yet been addressed. She stated that the proposed amendment to the contract is still pending, and it is anticipated that staff should receive it by the end of March, 2006. Chairman Wright requested Ms. Seward to convey to the Library Board. that its budget request be submitted to staff in a timely manner. Ms. Seward stated the remaining issue relates to the $11,490, which was a reduction to the Library Board's budget request, and which was placed } ~ 20 ti 1 I~ r aoo~ 23 ~h~f7fi9 in the County's. contingency account until- staff .received a response.. to the report. She- advised that service .adjustments have been. made by reducing a full-time position at the Smithfield Library to a part-time position, .and the Library Board is requesting that the Board of Supervisors restore that funding so that the part-time position can be .returned to a full-time position. Chairman Wright noted .that it was because: the Library Board .had ignored the Board of Supervisors' previous request for increased representation that the $.11,490 had been placed in the contingency fund until that issue was addressed. Ms. Seward advised that the Library Board has recognized that representation on the Board is not as it should be, -and they have indicated that they plan on addressing this issue in the future. It was the .consensus of the Board that Assistant County Administrator Seward be directed to relay a message from the Board that as soon as the Regional .Library Board has worked out the contract with. respect to representation on that Board, that the Board of Supervisors will release the funding. Ms. Seward advised .that the Library Board is recommending that a representative .from the Board address the Board of Supervisors on a quarterly basis. She recommended that the Library.Boardaddress the Board on an annual basis in January and that information pertaining to circulation, budget and financial statements be submitted at that time.. County Administrator Caskey presented a request by the City of Franklin to become a member of the Hampton Roads Economic Development Alliance which. was tabled bythe Board at its March 2, 2006 meeting. Supervisor Bradshaw moved that the Board authorize the Chairman to sign the ,letter for submittal by staff to the Hampton Roads Economic Development .Alliance. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the .motion, and no Supervisors voting against the motion. Assistant County. Administrator Rountree briefed the Board on the Route 460 realignment meeting held Monday, March 13, 2006 at the Windsor Ruritan Club. He reported. that approximately 200 citizens attended the meeting out of the 585 letters staff had mailed to all property owners south of Route 460; north of Burdette Road; west of Route 458; and, east of the Southampton County line. He advised that VDOT representatives were in attendance; however, they did not participate in-the discussion. He further advised that. the citizens were provided markers and requested to draw their preferred routes. with the .intention of staff incorporating their ideas into a new map. He advised a second meeting is tentatively scheduled for Monday, April 10, 2006, .and that staff will send out another 5$5 letters advising of the 21 a - ~cok 2~ ~~::;"T7O second meeting in hopes of refining their suggestions into a route that. will. be acceptable for the citizens before it is brought to the Board for its approval, Chairman Wright expressed the Board's gratitude. to those employees who participated in the recent "County Employee Trash Clean-Up Day" of Route 258 between the Towns of Smithfield and Windsor. Supervis®r Bradshaw .requested -that Ms. Walkup provide. a brief summary in memorandum form to the Board at her convenience outlining the legal significance of the Agricultural and Forestal Districts located along Route 460. Reverend Harris provided clarification on statements made recently relative to the school house museum .which were published in the local newspapers. He advised that it is incorrect that the sole basis of soliciting support and funding for the school house restoration was because the structure was a Rosenwald school. He further advised that the intent of the School House- Museum Steering Committee's original mission statement and goals remain. as follows "to .provide for the.. development of an African American History .Museum of public education directed towards negro (colored) in the. Town of Smithfield-and the County of Isle of Wight." He stated that the confusion is centered. around the mistaken identity of the .building, and he hopes -that. the information. contained in the agenda has addressed that. He stated that the Committee initiated the employment of professional researchers who discovered that there were three (3) schools on the Christian home site. He advised that Fisk .University archives suggest that there were at least. four (4), one (1) or two (2) room structures in .the County that received Rosenwald funding. He stated that the designation of the bepartment of Historic Resources to distinguish a Rosenwald .school is that if any funding is received from the Rosenwald fund, it makes them a Rosenwald school. He advised that. in .addition to the four (4) Rosenwald schools .that received funding in the County, there was also a shop building. He advised that in order to receive grant funding it was necessary that the building be a Rosenwald school. He advised that the school building under. discussion tonight was built as a 1932 addition to the 1924 Rosenwald school utilizing private donations from the black community and public.monies. Supervisor Clark ensured Reverend Harris that the Board did not have any concerns about the previous funding allocated by the Board for this , project. He stated that he believed that a legitimate effort was made to find.a school-.that educated County blacks in the early part of last century. . Supervisor Bradshaw concurred with Supervisor Clark's comments. County Attorney Stroman presented the. matter of the Memorandum of Understanding. (1VIOU) :with the Town of .Smithfield, which was moved from Closed Meeting to this point on the agenda. He stated the MOU includes the three (3) additional provisions relative to the responsibility. for utilities; 22 1 1 1 ea~ra~ ?r~:°~~i ~ insurance issues that the County will insure the land and the building and-the. fire companies would be expected to insure the personal property, to include the vehicles;.and, addresses the issue of who provides the oversight with the architects, engineers and contractors, in than the Board will .delegate to County staff .the sole authority to conduct procurement of construction plans and provide construction oversight. Supervisor. Ivy moved that the Board approve the Memorandum of Understanding, as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. I/ Chairman Wright called for New Business. Supervisor Bradshaw advised that the Carrsville Ruritan Club will soon be celebrating. its 60`h anniversary... He requested that `the Board adopt a resolution in recognition of the Club's anniversary. Supervisor -Bradshaw moved that the Board adopt the following. Resolution• RESOLUTION IN RECOGNITION OF THE 60`h ANNIVERSARY OF THE CARRSVILLE RURITAN CLUB WHEREAS, Ruritan Clubs are civic organizations serving` communities throughout the country through Fellowship, Goodwill, and Community Service; and, WHEREAS, the Carrsville Ruritan Club was formed in 1946 as an outgrowth of the Holland and WindsorRuritan Clubs; and, WHEREAS, throughout its history, the Carrsville Ruritan Club has been instrumental in supporting the Carrsville Volunteer Fire Department, Boy and Girl Scout Troops, local students with scholarship opportunities, and the community at large; and, WHEREAS, the Carrsville Ruritan Club is celebrating its. 60~' Anniversary during the month of April, 2006. NOW, THEREFORE, BE IT AND IT IS .HEREBY.. RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its recognition. of and congratulations to the Carrsville Ruritan Club on the occasion of its 60`~ Anniversary. i 23 _,_ _ ..a.~ ....... ' ~ aooa 23 ~af:~`772 The motion was adopted by a vote of (5-0) with Supervisors- Bradshaw, Brown, Clark, .Ivy and Wright. voting in favor of the motion, and no `Supervisors voting against the motion. Chairman Wright moved that the Board direct staff to develop a study allowing Isle of Wight County to have a-water supply independent from. the Town of Windsor and the City of Franklin: Staff is to bring back rough cost estimates as soon as possible, and Supervisor Bradshaw is to be involved in .the effort. The motion was adopted by a vote of (S-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. /f Supervisor Clark noted that he had two (2) additional personnel matters he would like to discuss with the Board later during the Closed Meeting. Supervisor Ivy requested. an item be added to the Closed Meeting pertaining. to the underlying dispute between the Town of Smithfield and the County regarding a boundary line adjustment .for the Cypress Creek Subdivision. County Attorney 5troman requested that the Board enter the Closed Meeting pursuant to Section 2.2=3711.A.5 to discuss a prospective business or industry where no public .announcement has been made; pursuant to Section 2.2-3711.A.7 to receive legal advice pertaining to the County seal; pursuant to Section 2.2-3711.A.1 concerning personnel and .legal advice regarding the provision of legal services to a, former. employee; pursuant to Section 2.2-371I.A.7 to receive legal advice- concerning actual litigation involving Isle of Wight County vs. Milhouse; pursuant to Section 2.2- 371I:A.7 to receive legal advice concerning the Advance PCS Health pending contract; pursuant to Section 2.2-3711.A.7 to receive legal advice pertaining to actual litigation involving a former. employee; pursuant to Section 2.2-3711.A.7 to receive legal. advice concerning actual litigation concerning Smithfield Landing vs. the Isle of Wight County Board of Supervisors;. pursuant. to Section 2.2-3711.A.7 concerning four (4) personnel matters, including the evaluation of .personnel; pursuant to .Section 2.2- 3711.A,7 to receive legal advice. pertaining. to actual litigation concerning. Isle of .Wight County and the Franklin/Tidewater Inn relative to zoning violations. Supervisor Bradshaw moved that the Board enter the Closed Meeting following a ten (10) minutes recess. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. // 24 1 ~I 1 ,~ au~r ?3 ., ., 7?3 Supervisor Ivy moved that the. Board. return to open .session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, .Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors. voting against the motion. Supervisor Bradshaw moved: that the Board. adopt -.the .following Resolution: CERTIFICATION OF CLOSED MEETING 1 1 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: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 i ABSENT DURING MEETING: 0 // Supervisor Bradshaw moved that the Board amend the order of the agenda in order to allow the Director of :Social. Services to make a presentation to the Board regarding the FranklinJTidewater Inn. The motion .was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy. and Wright voting in favor of the motion, and no Supervisors voting against the motion. C. John Catron, Director of Social Services, briefed-the Board on the history of the Department of Social Services' involvement with the Tidewater 2S a eoo~ ~~ t~~~-'~~I ~ Inn in Franklin during the past year fiscal year. He stated that review of .his files reflects that three (3) payments have been made by the Department of Social Services to the Tidewater Inn. He stated the first payment was made in August, 20QS and three (3) payments were made in March, 2006. He advised that :.the three (3) families. who received assistance from the Department of Social Services were .already residing at the Tidewater Inn .when they applied for assistance. He stated ail situations were determined to be true emergencies in that the Department of Social Services assisted a family to prevent their child from coming into foster care and assisted a 46 year-old. mentally ill-woman for a period of three (3) days who had no where else to go: County. Attorney Stroman inquired if the assistance .provided by the Department of Social Services could be defined as short-term emergency assistance in order to prevent homelessness or preserve a family intact. Mr. Catron confirmed that the assistance provided by the Department of Social Services was short-term emergency assistance: County Attorney Stroman inquired. about the validity of the newspaper article in which Mr. Savage .was claiming that the Department of Social Services owes him money for other families, .and that the Department continues to ask for extensions to pay. Mr: Catron replied that the statement is false; however, the Department of Social Services has not yet made the, payment in the case of the- 46 year- old mentally ill woman that the Department of Social Services. assisted for a period of three (3) days this month and who: had no where else to go. County Attorney Stroman. stated regarding a ,newspaper .article reporting an allegation that .the County has pending charges against Mr. .Savage, but continues to use the facility as a legitimate hotel serving the community, the entire.property is zoned general commercial and'the use as a hotel .is appropriate. He stated regarding a .second. allegation in the same .article that refers to the Commissioner of the Revenue. sending. Mr. Savage requests for payment of his .transient occupancy taxes as a hotel, it is entirely appropriate for the Commissioner of the Revenue to collect taxes attendant to a hotel because the zoning permits this use. Supervisor Ivy moved that the Board direct: staff 'to work with the Town of Smithfield to resolve the Cypress Creek boundary-line dispute. The motion was adopted. by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no .Supervisors voting against the motion, County Attorney Stroman presented an Advance PCS Health Agreement (with substituted language) which he recommends: the Board approve. and authorize the Chairman to sign on behalf of the County. He t 4 k S 26 1 .. 1 eooK 23 ~~~:-775 advised that- relative- to the newspaper article which. stated that the. County Attorney had stopped the .card procurement. process is not a true statement. He .advised that the Board authorized the program, but instructed him to negotiate .the Agreement which he carried out by ensuring that the contract - the County entered into would protect the citizens.. He stated a concern existed that pertained to an indemnity paragraph, and he had Introduced .substitute .language which prevented a potential liability to .the taxpayers of the County. Supervisor Bradshaw moved that the Board authorize the. Chairman to sign the Advance PCS Health .Agreement (with substituted language) on behalf of the County, as recommended by the. County Attorney. The.motion was adopted by a,vote of (5-0) with Supervisors Bradshaw, .Brown, Clark, Ivy and Wright voting in favor of -the motion, .and no Supervisors voting against the motion. // At 10:00 p.m., Supervisor.. Bradshaw moved the Board adjourn :its meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion,. and no Supervisors voting: against the- motion. `7- - f. f! ~