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09-07-2006 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTH DAY OF SEPTEMBER 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: Mark C. Popovich, Assistant County Attorney W. Douglas Casket', County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. and delivered the invocation.- // The Pledge of Allegiance was conducted. // .Chairman Wright called for approval of the agenda. Assistant. County Attorney Popovich requested that the following amendments be made to the agenda: Under item 2.C, Special Presentations, remove The Addison Group; insert a new Item 3, Closed Meeting, prior. to the Consent Agenda being addressed, with t:he remainder of the agenda being renumbered accordingly; under the County Attorney's report, add a late item requested by the Director of Human Resources pertaining to a Memorandum of Agreement between the Board and Paul D. Camp Community College for training purposes; and, that. two (2) personnel matters be added to the Closed Meeting. Supervisor Brown. moved that ..the Board .approve the agenda, as amended. 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. // Chairman Wright called for Special Presentations. I .. • Alicia Fisher and Bonita Shepard-Spratley, Bank of America representatives, briefed the Board on two (2) programs. offered by Bank of America. .She stated he first program is ,the Neighborhood Champion Program which is designed to assist teachers, police officers, fire fighters, medical workers- and related .professions overcome the high cost of -home. ownership. She stated the second program is a Community Commitment Program designed for low-to-moderate income applicants that are referred to ` the Bank. following successful completion. of homebuyer education .from a .Bank of America-approved provider.. Supervisor Bradshaw requested County Administrator Casket' and Donald T. Robertson, Director of Information Resources and Legislative Affairs, to .develop a plan by which. the information on the two. (2) programs offered by Bank of America could be marketed. Chairman .Wright requested Rufus Tyler, Executive ..Director, The Improvement Association, who was in attendance to contact Ms. Fisher and Ms. Shepard-Spratley of Bank"of America so that they could take .appropriate .action to have the Sussex Board of Supervisors also briefed on the Bank of .America programs. Mr. Tyler advised that Sussex County had received notification. that it would be awarded a grant in the amount of $121,000 from the Department. of Housing :and. Community Development for the Homeless Intervention Program, which will assist individuals whose mortgage is past due and are at risk of becoming homeless or bankrupt.. He stated that mortgage assistance would be offered at a 0% loan that would be spread: out over a period of two (2) years once the requirement to attend selfsufficiency workshops on budgeting and homeownership had been met. He stated assistance could also be provided on a temporary basis to employed individuals wha are renting. Supervisor Bradshaw requested staff forward information on the Homeless Intervention Program. to the Department of Social Services. // Assistant- County Attorney Popovich requested a Closed Meeting for the purpose of receiving Legal advice pertaining to the establishment clause of the First Amendment of the Constitution pursuant to .Section 2.2-371 I .A.7 of the Freedom of Information Act. Supervisor Bradshaw moved that the Board enter the Closed 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. Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, 2 .Brown, Clark,. Ivy and Wright voting in favor of the .motion, and no Supervisors voting against the motion. Supervisor Ivy moved that the Board adopt the following: Resolution: CERTIFICATION E OF CLOS D 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 Vir inia re wires a g 9 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 i Vir inia w la we g re discussed in the closed meetin to which this certification g t resolution a lies, and ii onl such ublic business matters as were identified PP () Y P in the motion convening the closed meeting were heard, discussed or consid r e ed by the Board of Supervisors. I 'j VOTE AYES; .Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 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 indicated the Consent Agenda included the following items: A. Pastor's Installation -- Reverend Jonathan O. Smith Proclamation in Recognition of the Installation of Reverend Jonathan 0. Smith 3 r 8~00~ 24 -, "•~ B. Planning. Commission Action Lists of July 25, 2006 and .August 22, 2006 C. DEQ/Public Notice Dated August 21, 2006 D D li . e nquent Real Estate Tax Collection Monthly Report E. August 3, 2006 Regular Meeting Minutes. Supervisor Clark moved that the Consent Agenda be approved 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. // Chairman Wright called for Regional Reports. Supervisor Bradshaw reported that the most recent meeting of the. Hampton .Roads Economic Development Alliance: evolved around .consultants performing a comparison of Hampton Roads to other localities. He requested Patrick J. Small, Assistant County Administrator, provide a ; brief overview to the Board at a later date concerning_the main points learned ~'~ from the consultants. '~~ .Supervisor. Bradshaw reported that VACo Committee and Board of Directors' meetings would be held this weekend in Roanoke. He commented that he and Chairman Wright would also begin. their next County Supervisor Certification Class. Supervisor Brown reported on methods discussed at the -SPSA Retreat, held earlier in the. day, for overcoming the Chesapeake litigation matter. He advised that a comprehensive report on potential solutions would be .forthcoming.: He advised. that the four (4) scenarios discussed during- the meeting involved SPSA remaining in operation; member localities proceeding with amonopoly-type organization or a competitive business; or, closure of the SPSA organization. Supervisor Brown moved that the. Board appoint Thomas Finderson to serve on the SPSA Citizen Advisory Committee. 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 Ivy reported that he had briefed the Smithfield -Town ' Council on the SPSA litigation matter, and that Supervisor Brown has agreed to attend the. Buildings and Welfare meetings and -also brief the .Smithfield Town Council formally on the status of the litigation matter. 4 90~t~: 24 . r -:, ~~~ Supervisor Bradshaw requested that Supervisor Brown also brief the Windsor Town Council on the ongoing SPSA litigation matter. // Chairman Wright called for Transportation Matters. Sandon S. Rogers, Transportation Planner, reported that taff is currently working to resolve drainage concerns that have occurred as a result of the recent tropical storm Ernesto. Supervisor Bradshaw was complimentary of Mr. Rogers' efforts in tracking and reporting on .recent road closures due to the flooding caused by Ernesto, He advised that staff has also been successful in identifying problem areas .that have been in existence for years, and which can now be resolved by staff. Responsive to Supervisor Bradshaw, Richard O. Childress, Director of Emergency Management, advised that the Blackwater River has crested from tropical storm Ernesto, and that the River should be below flood stage by the- end of this evening. He further advised that Joyner's Bridge Road remains closed, but. that he anticipates it to reopen tomorrow. Supervisor Clark requested Mr. Rogers ensure "that -the WDOT Residency Administrator is prepared to address the status of the following at the Board's September 21, 2046 meeting: Improvement to Reynolds Drive/rough asphalting; installation of reduction in speed limit signs after the turn at Bartlett on Route 17; and, consolidation of road and informational signs. Supervisor Bradshaw reported that Mr. Carr had advised him that VDOT has agreed to clean the north side of Zuni Circle before the end of September, 2006. Mr. Rogers advised that flooding on Poor House Road is a direct result of wood that has been attached to a .fence by a farmer. He stated that the purpose of the wood is to prevent livestock from traversing through the ditch into the road. 1/ Chairman Wright called for Citizen's Comments. No citizens signed up an the register to address the Board. // s ~~^K 24 ~~~278 Chairman Wright called for the County. Attorney's report. Assistant County. Attorney Popovich presented a proposed .set of revised Planning Commission By-Laws. _He advised that the Bylaws had been reviewed by the County Attorney and that. he does recommend the j .Board authorize the Chairman to execute the Bylaws. Supervisor Clark moved that the Board authorize the Chairman to execute the revised Planning Commission By-Laws on behalf of the 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. Assistant County Attorney Popovich presented a proposed set of revised Wetlands .Board By-Laws. He advised that changes in the By-Laws pertain to in-lieu fees, absenteeism and alternates to the Wetlands Board membership.: He further advised that the County Attorney had reviewed the proposed; Bylaws, -and .recommends the Chairman execute them on behalf of the- Board. Supervisors Bradshaw and Ivydirected that the Wetlands By-Laws be revised to reflect that the Director of Planning and Zoning has the authority to call. meetings as necessary.. Supervisor Clark directed that the Wetlands By-Laws be amended to reflect that in the event a Wetlands Board member is recorded .absent three (3) times without good cause, that the remaining members "shall", .request that. the Board of Supervisors replace that member.. He further directed that the last sentence of Section 2.3 be revised to reflect that he use of the Alternate. member is mandatory, and -that the Wetlands members do not have the authority to determine whether or not the Alternate member is utilized. 1 Chairman Wright made reference to a fax provided by Planning and Zoning staff from the Wetlands Board Chairman requesting that the Board of Supervisors appoint Randy Pack as an additional Alternate. member on the. Wetlands Board. Supervisor. Clark .moved that. the Board authorize .staff to develop .a letter for .the Chairman's ..signature, addressed to the Chairman of the Wetlands Board, indicating that the .Wetlands Board currently has an alternate that has never been. called, and that the Board of Supervisors does not feel it is necessary to appoint a second alternate, 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:. Attorney Popovich presented a revised Ordinance pertaining to curfews for minors. He noted the general practice for localities is to have a curfew beginning at midnight until 5:00 a.m., .and that the Towns. aQn~r ~~ =~ •'~~~ ;of Smithfield and Windsor also have curfew ordinances in that range. He advised that. in respect. to Supervisor Bradshaw's previous inquiry, driving far minors and those with learner's permits are restricted from midnight to 4:00 a.m.. Chairman Wright reiterated his belief that parents should be held liable, and that they, as parents, .have certain responsibilities. He added. that the parents should be the ones to raise their children, not the government. Supervisor Brown. suggested that the second paragraph include a reference to "drug use" following "juvenile crime." Supervisor C ark moved that .the County Attorney be directed to advertise a proposed Curfew Ordinance .from 12:00 midnight to 5:00 a.m., and that the Ordinance be amended- to reflect a revision in the second paragraph reflecting "juvenile crime and drug use". 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 Attorney Popovich presented a late item pertaining to a Memorandum of Agreement between the Board of Supervisors and Paul D. Camp Community College for the purposes of providing a County employee harassment policy training course.. Supervisar Ivy moved that the Board approve the Memorandum. of Agreement between the County .and Paul D. Camp Community College relative to a harassment policy for County employee training courses.. The motion was adopted by a .vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors. voting against the .motion; and, Supervisor Bradshaw absent for the vote. Assistant County Attorney Popovich advised that his remaining matters were for discussion later with. the Board during the Closed Meeting. // Chairman Wright called for the Parks and Recreation Report Alan. S. Nogiec, Director of Parks and Recreation, presented a request. by the Beautification Committee for 2007 Jamestown grant funds to establish and reestablish gardens in each of the voting districts.. He advised that staff is recommending that $2,000 be allocated for these efforts. Chairman Wright commented that beautification efforts should be focused on the main thoroughfares of the County t© ensure that all areas of the .County are addressed. He notified Mr. Nogiec that the grass. needs: cutting. at the Windsor Library. ~ I 90rtN ''Z •...~1".~U Supervisor Ivy agreed that beautification efforts be focused along the County's entrance corridors. Supervisor Clark noted that it would be years before VDOT would be able. to make any road improvements to the Benns Church intersection, and he would strongly .recommend. that the intersection remain on the list for beautification. because of its heavy volume of traffic. Mr. Nogiec offered to pass along to the Beautification Committee the Board's desire to review photographs of the design work and location that the beautification efforts are anticipated to be focused. Supervisor Clark moved that the .Board direct Alan Nogiec, Directorof Parks and Recreation, and staff to return to the Board's. September 21, 2006 meeting with. specifics on how beautification efforts wild: be coordinated between the other Committees and the Towns of Smithfield and Windsor. 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 notified the Board that the recent rains have undermined the new entrance roadway. that is under. construction at the County Fairgrounds, and that the Parks and Recreation Committee is requesting an additional $75,000 in .order to address roadbed and drainage issues at that site. Supervisor- Clark moved that the Board authorize funding in the amount of $75,000, and direct the Director of Budget and Finance to return at the Board's September 2 i, 2006 meeting with a Resolution appropriating the funds from the Unappropriated Fund Balance. 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 the Public Utilities report. E. Wayne Rountree, P.E., Assistant County Administrator, recalled that the Environmental Protection Agency (EPA) had announced an award to the. County of a $96,200 grant to be used for assistance with the replacement. of the Carrsville -Water Distribution .System. He recommended that the Board approve the agreement supplementing -the County's appropriation by $96,200. .Supervisor Bradshaw moved that the Board approve: the grant agreement with the U. S. Environmental Protection Agency and .authorize the County Administrator to sign it on-behalf of the. Board The. motion was .adopted by a vote of (4-0) with Supervisors Bradshaw, Brawn, Ivy and 8 ~~~K 2~ :M . ~~1 .Wright .voting in favor of the motion; no .Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Supervisor Bradshaw further moved .that the Board direct staff to conduct a .study of potential grant. possibilities.. in connection with the construction. of the Carrsvilie system.. The motion was adopted by a vote of (4-0) with Supervisors. Bradshaw, Brown, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Assistant County Administrator Rountree notified. the Board that bids had been received for the work associated with the replacement of the Carrsville and, Smithfield Heights well facilities. He recommended that the Board approve the low bid submitted by M & W Construction Corporation in -the amount of $81.6,069.58.. He advised. that there. is currently $6$8,782 budgeted; however, an additional $177,288 is needed, plus a $50,000 contingency. He recommended that th.e Board adopt a Resolution to Appropriate Funds fromthe Unappropriated Fund Balance in the amount of $177,288 for Smithfield Heights and Carrsville Well Houses. Supervisor Bradshaw moved that the Board approve staff s recommendation to accept the low bid of $816,069.58 submitted by M & W Construction Corporation, .and authorize the Chairman to sign the- appropriate contracts upon. preparation by the contractor and approval by the County Attorney. The motion was. adopted by a vote of (4-0) .with Supervisors Bradshaw, Brown, Ivy and Wright voting in favor of the motian; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIA"CE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR SMITHFIELD HEIGHTS AND CARRSVILLE WELLHOUSES WHEREAS, the Board of Supervisors of the County of .Isle of .Wight, Virginia has approved .the. construction of well pumps, well houses, tanks, controls, electronics, SCADA, site piping,..and associated site work at Smithfield Heights and Carrsville; and, WHEREAS, funds in the amount of -one hundred seventy seven thousand two hundred eighty eight dollars ($177,288) need to be appropriated from the Unappropriated Fund Balance of the Public Utilities Fund to the FY 2006-07 Public Utilities Operating & Capital Budget of the County of Isle of Wight, Virginia. i B04X 24 ~r. -~~~ NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred seventy seven thousand two hundred .eighty .eight dollars ($177,288) from the Unappropriated Fund Balance of the Public Utilities Fund be appropriated. to the FY 2006-07 Public Utilities Operating and Capital Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the ' County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget. and to do all things necessary to give this resolution effect. The motion .was adopted by a vote of (4-0) with Supervisors Bradshaw , Brown, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for-the vote. // 4 Chairman Wright called for the Economic Development report. Rachel M. Morris, Rural Economic Development Manager, advised that the Purchase of Agricultural Conservation Easement .Program (PACE). A Committee has been working over the East year on program elements which , include, .but are not limited to, establishing ranking criteria to evaluate ' applications to the Program; recommending funding mechanisms and determining payment to landowners accepted into the Program; determining a method for valuing development rights; determining targeted areas .for reservations and evaluatin P a li cations for c g pp a ceptance into the Program. She r eco mme nded th at the Board ado t t p he Ranking Criteria, established and adopted by the. PACE Committee, and ested on local farms to ensure fairness and objectivity. She advised that the Committee would like to issue an .application period beginning March 1, 2007. Supervisor Bradshaw .moved .that the Board approve the PACE Program .Ranking. Criteria as recommended by staff. 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. Ms. Morris introduced the PACE Program Target Areas as determined to maximize. purchasing: power. She advised that the Committee had:. reviewed and felt it was not. wise to purchase any property .located within a Development .Service District. ..She .stated the primary purpose of the Program is to r serve worki d i bl f e p e ng an v a e arms and forest land which can ~ best be reserved in Conti u P ous arcels so that tractors g can be move P d uickl a Y i and effectively without interfering. with traffic, such as found in Agricultural .and Forestal Districts.. She advised that individuals owning parcels not located in a target area can still apply for this Program; however, they will 10 most likely be too expensive and maybe land that the Board might not wish to purchase. Supervisor Ivy moved .that the Board approve the. PACE Program Target Areas as recommended by staff. 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. inquired if the overhangs had been addressed for Mr. Byrum. Ms. Morris. replied that she and Mr. Rogers had worked on Mr. Byrum's concerns, and that she is in the process of following up at this point in time. She indicated that Mr. Byrum would be addressing this matter with the Board most likely at its September 21, 2006 meeting when the VDOT Residency Administrator would be present. H Chairman Wright called for the County Administrator's report. t~enene Howard, CASA Coordinator, referred to the. CASA Annual Report .included in the Board's agenda, which is required to be submitted quarterly. and annually to its regional governing body and the Virginia Department of Criminal Justice Services. She advised that the progress report. tracks the use of grant funds and demographic information on the children. served through the CASA .Program. She advised that since January, 2006, there have been four (4) new volunteers, making a total of eight (8) volunteers now serving the CASA Program, and .that staff is stilt actively' recruiting additional volunteers. Chairman Wright was highly complimentary of Ms. Howard's job performance. ,Supervisor Clark was also highly complimentary, and advised that he was receiving positive feedback from volunteers and the court system. Ms. Howard presented the CASA Policies and Procedures for the Board's consideration, which. have been reviewed and .approved by the Virginia Department of Criminal Justice Services and the County .Attorney. Supervisor Clark moved that the Board -adopt the CASA Policies and Procedures.. The motion was adopted by a vote of (5-Q) with Supervisors Bradshaw, Brown, Clark,. Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion.. .7 ono ~~ ~~:.~~(J~ Liesl R. DeVary, .Director of Budget and Finance, addressed the subject of tax relief for the elderly and handicapped, and requested direction from the Board. Supervisor Bradshaw was highly complimentary of Ms. DeVary's work -over the past six (6) months:. relative to tax relief for the elderly and handicapped. Supervisor Ivy commented that there will be a group of citizens receiving a 100% exemption or deferral under the proposed plan, and hat he would strongly recommend a nominal amount versus. a zero tax. as citizens -paying no tax would not have an interest. or .any investment in what is happening in the County. Supervisor Bradshaw moved that the Board approve. the Director of Budget. and Finances' recommendation of a two (2) tier approach and marketing plan, and directed the County Attorney and staff to return with an ordinance effective for the December 5, 2006 billing. 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 requested that County Administrator Casket' and Mr. Robertson develop appropriate .marketing efforts for this Program .immediately. Ms. DeVary addressed the rate of car tax relief with the Board. She advised that the Personal Property Tax Relief Act had changed-effective this fiscal year, and that the County would be receiving, a fixed dollar amount from the State from this point forward. She further advised .that staff is projecting that the County will be able to provide relief to the taxpayers at 60%. i Supervisor Ivy moved that the Board authorize staff to advertise a II public hearing to set the .car tax rate for FY2006-07 for the Board's ~' .September 21, 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.. ' Supervisor Bradshaw requested staff to contact the appropriate Town Council members to ensure that they have the same understanding. Ms. DeVary addressed the 2006 assessment effect on the tax rate for FY07 with the Board. She advised that the Board of Equalization members. feel that -the majority of their work has .been accomplished; that Gerald Gwaltney, the County's Assessor, has been involved. in all meetings; and, that the Board of Equalization feels. that the numbers they have provided based on the assessed values are. complete. She further advised that the overall ao~ 24 -:~:-?~3~ increase in the total taxable assessments is 47%, including new construction. She advised that when the Board rolls back the rate to adjust for the increase, the rate. would decrease to $.51 per. $100 of value versus the $.55 as originally projected by staff. She advised that staff has budgeted $19.5 million in total real estate tax, which includes $75,000,000 in new construction, which would come after Juiy 1, 2006. She stated that she is also recommending that another $68,000 be provided in anticipation of the. increase in the tax relief for the elderly, making the real estate tax rate increase to $.53. ^ ~~ Supervisor Bradshaw moved that the Board authorize staff to advertise a public hearing to raise the tax rate from the reduced rate of $.51 0 $.53 per $100 of assessed real estate value for the Board's September 21, 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. Following a concern by Supervisor Clark about the .accuracy of property values during -.the recent reassessment, Supervisor Bradshaw .requested that -the County. Attorney advise the Board on its option with respect to the Board's deciding whether or not the recent reassessment was a valid reassessment and, if it is true that once the five {5) members of the Citizens Group sign .the books, they are certifying that the assessment was adequate. Following .Supervisor Clark's concern that it is the citizen's responsibility. to provide evidence that an assessment is not correct, Supervisor Bradshaw requested that the County Attorney review and report back to the Board on the responsibilities and authority of the Board of Assessors; that staff be directed to take the appropriate action to include this concern in .the County's legislative package; and, that staff be directed to request VACo's support and inclusion of this concern in its. :legislative package. Ms. DeVary stated, pursuant to the Board's previous action, staff has reviewed the feasibility of eliminating County decals.. She noted that decals .are beneficial in assisting law enforcement personnel; they are a revenue stream; they provide an additional collection tool for the Treasurer; and, they were assisting Convenience Center Attendants in ensuring that -only County residents are able to utilize the. County's convenience centers. She .advised that if decals. are eliminated, Convenience Center Attendants will need to require proof of residence. She further advised that the revenue stream will be continued in the form of an annual License.fee which would be applied to the annual Personal- Property. Tax bill issued in December. She advised that DMV stops will continue to be an effective toot for the Treasurer. Supervisor Bradshaw directed County Administrator Casket' to contact Sheriff Phelps about the legality of the County requiring citizens to show a 13 proof of residency; that he determine if signs .should be posted at all convenience centers advising that proof of residency will be required;. and, that he develop a training program for convenience center workers explaining what should and should not be required. Supervisor Bradshaw moved the Board authorize the County Attorney to draft a proposed ordinance and prepare a notice of public hearing far the elimination of County decals for the Board's September 21, 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. Ms. DeVary stated .pursuant to .the Board's direction at its July 20, 2006 meeting, staff did perform a review of the requests for funding received from various organizations. She advised that Precision Cheer of Smithfield had not requested any specific dollar amount, and .based on the budget provided, these funds were for operating funds, and that staff did not recommend providing any additional funding.- She advi ed that Virginia Black Expo's request was. not a budget request. She advised that the Western Tidewater Community Services .Board's request -for funding related to a golf sponsorship, and that the Finance Committee did not recommend additional funding. She further advised that The Genieve Shelter had requested $50,000 during the budget process for HOME. grant. funds. to be used towards a transitional housing project, and that all of the County's HOME funds have since been obligated. She. advised that the Shelter's Director is now requesting a contribution of $25,000 to purchase land for the purpose of building a transitional home. Supervisor Bradshaw moved' that the Board indicate that it will pay $25,000 to .The Genieve Shelter from the Capital Contingency, Fund contingent upon the actual closing of the property with the understanding that the City of Franklin. and Southampton County will make up the remaining $25,000. .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: . Donald T. Robertson, Director of .Information Resources and Legis ative Affairs, requested .that the Board begin to give consideration to a location for its annual Board retreat scheduled: for December 8-9, 2006.. He advised that -the Workforce Development Center at the Paul D. Camp. Community .College. in Franklin is available for the .Board's use on .that date.. The. Board concurred to hold its annual Board Retreat on December 8- 9, 2006 at the Workforce Development Center.. at -the Paui D. Camp Community College in Franklin. Supervisor Bradshaw requested Mr. Robertson to invite the County's General Assembly Delegation to dinner on Friday, December 8, 2006. 14 r. Mr. Robertson offered to include the Board's Legislative Priority Lisi on the September 21, 2006 agenda for the Board's consideration. l/ Chairman Wright called for Appointments. Chairman Wright moved the Board appoint Durwood Scott to serve on the Beautification Committee replacing Dee Dee Darden and representing the .Windsor 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 moved that the Board reappoint Tom Aiphn to serve on the Purchase Agricultural. Conservation Easement Committee.. 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 reappoint Dee Dee Darden to serve on the Purchase Agricultural Conservation Easement Committee. 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 moved that the Board appoint James Ford to serve on the Industrial Development.. Authority replacing Willie J. Edwards and representing the Hardy 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. Supervisor Bradshaw moved that. the Sports Authority of Hampton Roads be removed from the Appointments Page due to its nonexistence.. 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.. // Chairman Wright called for 41d Business. There was no old business offered for discussion by the Board. i/ Chairman Wright called for New Business. O Supervisor Clark recognized Wayne Rountree; Patrick Small; Ralph Anderson; Art Berkley; Karen Casey; Alan Nogiec; Tommy Davis; Tony Wilson and Lance Dunford for their efforts in painting the Senior Center Building at Nike Park on Saturday, August- 27, 2006. Supervisor Ivy expressed Smithfield Town Council's gratitude to staff for their assistance when the. computer room at the Smithfield Tawn Hall caught on fire. He advised that Sheriff Phelps had also offered. his assistance, and that help with emergency communications was also offered.. County Administrator Casket' advised -.that Richard O. Childress, Director of :Emergency Management, took immediate action to file the necessary reports for the acquisition of office trailers for the Town of Smithfield's use through... the Virginia Department of Emergency Management. Supervisor Ivy requested that a resolution be developed committingthe County to the Town of Smithfield for the prompt construction of the fire/rescue. facility now that a contract for the land has been signed: by the Town of Smithfield. Supervisor C ark requested that County Administrator. Casket' review .the original .Memorandum of Understanding (MOU) in order to determine if the. MOU states. that the County will proceed with the construction following a certain period of time after the land is purchased by the Town of Smithfield. County Administrator Casket' was further directed to research the original motion and advise the Board accordingly so that. action .could be taken on the: request, if needed, at the Board's .September 21, .2006 meeting. Supervisor Clark moved that the Board renew its .efforts to obtain a Nike :Missile for :display at Nike Park. ..Staff is to contact Congressman Forbes' office and request his assistance. 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. Supervisor Clark moved that the Board request the Commonwealth Attorney's Office to prosecute .the County's DUI offenses. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, .T_vy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the Board direct staff to investigate how the County can impress upon its citizens the need to properly mark their homes in order to assist emergency personnel in locating residences. 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.: 16 Mr. Childress distributed a report to the Board regarding actions taken by the County Administrator, Assistant County Administrators Rountree and .Small, the Director of Information Resources and Legislative Affairs, Sheriff Phelps and himself during Tropical .Storm Ernesto. He added that the Town of Smithfield was represented by Police Captain Alonzo Howell and the Town of Windsor was represented by Chief of Police, Bob Portia He stated that included in -the report is a departmental emergency procedures checklist .which illustrates what staff does at the beginning of the season; in preparation of the season; and, what actions may be taken prior to, during and after a storm.. He stated a resource request was filed for the Town of Smithf eld Police Department, as well as an initial damage report noting the $150,000 estimated damages to the Police Department. "He stated there is also. a $ 150,000 damage ..assessment on behalf of VDOT for the repair of roads, although staff has not yet received a report as to what is included in :that report. He advised that Joyner's Bridge Road remains under water; Burdette Road should be reopened tomorrow; and, Thomas Woods Trail is no longer bei»g affected by the rising waters. Chairman Wright recognized and thanked Mr. Childress for his participation in the Surry Power Plant. Homeland Security exercise.. Chairman Wright noted a conflict with the October 19, 2006 and November 16,.2006 Board meeting dates. Supervisor Bradshaw moved that the Board direct staff. to prepare resolutions for the Board's consideration at its .September 2i, 2006 meeting changing the Board's regular meeting of Thursday, October 19, 2006 to Monday, October 16, 2006 and the Board's regular meeting of Thursday, November 16, .2006 to Wednesday, November 15, 2006. 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 directed County Administrator Casket' to attend the Interregional Visit in his place, noting a conflict with his schedule. /! Assistant County Attorney Popovich requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act for the limited purposes of consultation with legal counsel and briefings by staff members pertaining to one (1) actual rnatter of litigation.-and one (1) probable matter of litigation; pursuant to Section- 2.2-371I.A.I to discuss-three (3) personnel matters relating to the assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers; and, pursuant to Section 2.2-3711.A.? for the purpose of legal consultation .with regards to contractual. agreements with .the Town. of Windsor. 17 s c ose 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 onl such O y ublic business. P matters as were identified in the motion convening the closed meeting were heard, discussed- or considered by the Board of Supervisors. VOTE eoeF 24 ~~ -~~~U Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated by Assistant County. Attorney. Popovich. 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 the Board return to open 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.: Supervisor Ivy moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a 1 d AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // 1 Chairman Wright called for the continuation. of Citizen's Comments. Chris Edwards. addressed the Board regarding the proposed Open Burning Ordinance as it pertains to his ability at this time to clear a lot and 18 burn the materials himself offsite versus his having to haul the materials to a landfill for an increased cost. Supervisor Bradshaw requested that County Administrator Casket' contact. Mr. Edwards to further discuss his concerns associated with- commercial burning, and report back to the Board with staff s recommendation. Supervisor Bradshaw requested that County Administrator Casket' and Assistant County Administrator Rountree provide their recommendations relative to the feasibility of the County purchasing. a chipper and trailer for the purpose of transporting it from site to sine, on anus-needed basis. // At 7:20 p.m., Supervisor Clark moved that the Baard adjourn its meeting. 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 mono. L