No preview available
09-21-2006 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT .COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FIRST 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: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, 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. it Supervisor Ivy delivered the invocation. // 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: Add a New Item (2), Closed Meeting. for a personnel matter relating to the appointment of art Interim County Attorney and add a '~ new item under New Business concerning workers' compensation coverage; j plus, add two (2) additional Closed Meeting items: the .first involving acquisition of private .property for a public purpose, and the second involving a personnel .matter. Supervisor Ivy moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4-t)) with Supervisors Bradshaw, Clark, Ivy and .Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. JI l a __ y / /•.~ ADVT. N~ ~r°::if.+'J~ County Attorney Stroman requested a Closed Meeting pursuant to Section 2.2-3711.A.7 to consider- matters involving the employment or i appointment of an Interim: County Attorney.. 4 t Supervisor Ivy moved that the- Board enter Closed Meeting for the reason stated by the County Attorney.. The motion was adopted by a vote of y (4-0) with .Supervisors .Bradshaw, Clark, Ivy .and Wright voting. in favor of x the. motion; no Supervisors voting against the motion; and Supervisor Brown absent .for the vote. Supervisor Bradshaw moved that the Board return to open session.. The motion was adopted by a vote of (4-0) with Supervisors ,Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting a against the motion; and. Supervisor Brown absent for the vote. i Supervisor Clark moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in .accordance with the provisions of the Virginia Freedom of Information Act; and,. WHEREAS, Section 2.2-3712.D of the -Code of Virginia requires a certification by this Board of .Supervisors that such closed meeting was conducted in conformity with Virginia taw; 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 businessmatters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: Brown ABSENT DURING MEETING: Brown 2 The. motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy end Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the-vote. Supervisor Brown arrived at the meeting at 6:05 p.m. County Attorney Stroman requested a Closed Meeting pursuant to Section 2.2.3711.A.7 to consider matters involving the employment or appointment. of an Interim County Attorney. Supervisor Clark moved that the Board enter the Closed Meeting for the reason stated 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. Supervisor Clark moved than the Board return to open session. The motion was adopted by a vote of (5-U) 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 .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, O only public ..business matters lawfully exempted frorh .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 3 - ~ - ~QA~ ~~ r:~.' ~'l~ 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. Supervisor Clark moved that the Board appoint A. Paut Burton as the ~ County's Interim County Attorney, effective. the close of business on Friday, September 22, 2006, and authorize the Chairman to sign the terms of engagement as prepared by the Assistant 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 he motion. ,Chairman Wright formally recognized Mr. Burton as the County's Interim County Attorney. /J Chairman Wright indicated the Consent Agenda included the fallowing items: A. IDA Compensation ~ B. Request for.. Proposal. (RFP) - Non-Professional. Services: ~ Construction Administration Services for the.. Construction of a Fire and Rescue Station Resolution to Authorize the .Solicitation of Proposals for Construction Administration Services for the Construction x of a Fire and Rescue Station C. Request for Proposal (RFP) -Non-Professional. Services: Real Property Assessment Services forFY200Z-08.and FY2009-10 .Resolution to Authorize .the Solicitation of Proposals for Real Property .Assessment Services for the Biennial Reassessment D, :County Fairgrounds -Appropriation of Funds' 4 Resolution to Appropriate Funds from the .Unappropriated Fund Balance for Roadbed and. Drainage Issues at the County Fairgrounds E. Application for Grant Funds -National CASA Jewelers for Children Grants Program Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate ` Funds Received from the National CASA Jewelers for Children Grants Program F. Acceptance and Appropriation of Funds -EPA Grant for the Carrsville Water Improvements, Phase II and III Resolution to Accept and. Appropriate EPA Grant Funds for the Carrsville Water Improvements, Phase II and.IlI G. CIP FY 200$-12 Kick-Off H. DEQiPublic Notice dated September 5, 2006 I. August 1 ?,.2006 Regular Meeting Minutes Supervisor Bradshaw 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. 1/ Chairman Wright called for Regional :Reports. Chairman Wright advised that he and Assistant County Administrator Rountree had attended the most recent meeting of the Hampton Roads Partnership on September 15, 2006. Chairman Wright advised that at the most recent meeting of the Southside .Mayors and Chairs, the main topic of discussion revolved around .the Southeastern :Public Service Authority (SPSA). He noted that the Vice- Chairman of the City of Chesapeake was present at the meeting. He advised that the next meeting is scheduled for September 25, 2006. Chairman .Wright advised that he and Supervisor Clark had attended the most recent meeting of the Western Tidewater Regional 3aiL He advised that the sally ports,, which have been inoperable for the past ten (10} years, are now functioning.. He further advised .that 135 cameras are now 5 eo~~ 2~ :~~~.~-3t~Q functioning, .whereas in January 2006, there were only 8-10 operational cameras. Regarding the Hampton Roads Economic .Development Alliance (HREDA), Supervisor Bradshaw advised the .Board that it should be receiving information in the near future on an upcoming luncheon in October 2006 regarding. the consultant's report and the Strategic Plana He further advised that he and Assistant County Administrator Small intend to provide a presentation to the. Board on the consultant's report, possibly at the Board's October 5, 2006, meeting concerning how Hampton Roads compares to other metropolitan regions.. Supervisor Bradshaw .reported on .the VACo Committee and Board of Directors' meetings recently. held in Roanoke. He advised thatchanges to the legislative program were discussed and will be further considered during the upcoming annual meeting at The Homestead. He advised that regional meetings .will be held throughout. the State so that .local governments and citizens can become further involved in the legislative process. He further advised that he and Chairman Wright have begun another County Supervisor Certification Class. With respect to the upcoming NACo .Conference and Jamestown celebration events, Supervisor Bradshaw advised that the. County has contributed more to the .Conference than localities in northern.. Virginia.. He advised that the event is currently $100,000 short of reaching its .goal. He noted that the County .has agreed to sponsor a bus for the Jamestown event, and Tourism staff should ensure that individuals promoting the .County are on the bus. Supervisor. Clark reported that at the most recent meeting of the Hampton Roads Planning District Commission, a VDOT State :representative made a special presentation regarding increased lane reversals on Route I-64 due to weather events. on the Peninsula. He noted that it takes approximately 1,000 employees, brought in from other parts of the State, .over a 48-hour. period to make the lane reversals successful. He further reported that. there .were also presentations .made on the environmental strategic planning initiative and local. transportation infrastructure financing. Supervisor Brown reported on the Southeastern Public Service Authority's: strategic planning work session held. on September 7-8, 2006, in which discussion revolved around whether or not SPSA should continue in its current form or become amonopoly-type driven .organization. He further reported that the feasibility of .SPSA. becoming a competitive business to decrease the tipping fee was discussed and .whether or not SPSA's operation should be shut down ,in its entirety. He noted- action. items included: evaluating operating like a private sector business and competing openly with- private sector service providers; .evaluating all activities. with. a turn component;. expiration of the contract will render. all member areas free 6 agents after .2018; elimination of open-ended commitments for the members; a pay off of all debt and unfunded liabilities by 201.8; service to members until ZOlB; opening up another module for the landfill; providing only those services for which .members are willing to pay; and continuing to maintain assets to retain enhanced value. He advised that the Chairman will be attending a meeting. scheduled for September 27, 2006, to discuss what. options are available for the tipping fee. Chairman Wright advised that John Hadfield, Executive Director of SPSA, and .certain environmental representatives would. be addressing the Board in October regarding the importation of trash.. Supervisor Clark noted SPSA had handled debt in the past by spreading it over a long. period of time, which resulted in depleted assets and lost value in equipment. He stated if something is- not -done to defray expenses, the tipping fees will increase substantially. Supervisor Brown advised the Board- that he had relayed to SPSA .representatives that his fellow Board members were not in favor of importing trash; however, in order to lower the tipping fee, this Board might consider imparting some additional trash, but -not so much as to impact the longevity of the landfill. Chairman Wright stated there are County citizens that can not afford to have their taxes raised... He noted that SPSA needs to be prepared to answer some tough questions about their operating books. Supervisor Clark .noted his concern relative to the environmental impact of the containers and the landfill. He requested County Administrator Casket' to inquire as to what meeting the DEQ and environmentalist individuals could address the. Board regarding its concerns. He noted the Board .may not have much of a choice because of the impact the increase in tipping fees will have to the County's citizens. Chairman Wright noted that he was sure .SPSA would be further discussed at the Hampton Roads Mayors. and Chairs meeting scheduled. tomorrow. // Chairman. Wright. called .for Transportation Matters. L Sandon S. Rogers, Transportation Planner, distributed information pertaining to flooding conditions as a result of Tropical Storm Ernesto and a Route 460 PPTA Project Update. He noted. that a list was. contained in the Board's agenda as to VDOT's responses to action items from various Board meetings through September 7, 2006.. 7 . _ ~ i ~e~+K 24 r~::~(~2 Mr. Rogers advised Supervisor Clark that .the `flooding that occurred at King's Cove was due to tidal surge and not run-off. Supervisor Bradshaw requested that .the name "Rhodes" be changed to "Rose" on Page 3, Item (F). He requested that Mr. Rogers check the status of .Item (K) on Page S, .which. shows that the work at the .intersection of Route S8 and -Old Carrsvlle Highway has been completed, as it does not appear that VDOT has made any improvements. He noted that a culvert is needed under the road, or a ditch-needs to be dug, to keep the road. from flooding each time it rains. Cecil R. Byrum of Fire Tower Road requested that the tree limbs along Route 620 be trimmed because they ,are causing damage to his farm equipment. Mac Neblett, Waverly Residency Administrator, offered to meet with. Mr. Byrum and address his concerns.. Supervisor Bradshaw expressed a safety. concern with school .buses traveling .through the Zuni tunnel due to their size.. He stated, at one time, there had been either a stop. light or flashing light at the tunnel. Mr. Neblett advised that VDOT has received a bid to widen Thomas Woods Trail; however, that figure does not .include. addressing any environmental concerns. Responsive to Supervisor Bradshaw, Mr. Neblett offered to apply for FederaC funding, claiming this is a safety project because of the school buses. Supervisor Bradshaw advised that the outfall ditches along Thomas Woods Trait need to be cleaned. Mr. Neblett offered to check. with the VDOT Maintenance- Manager and advise Supervisor Bradshaw when he anticipates that work to begin. Supervisor Bradshaw .requested that the .speed limit -along Thomas Woods Trail be reduced from 4S mph to 2S mph because of the. school buses that utilize that roadway. Supervisor Clark inquired about the status of the asphalting performed on Reynolds Drive. He also inquired. as to why the reduction in speed limit sign was placed where it was. placed on Route 17. He proposed that, in order to consolidate road. signs along Route 17, a sign posting the reduction of the speed limit from SS mph to 4S mph should be -done on the back side of the: curve going to the James River Bridge versus the light at Eagle Harbor. Mr. Neblett advised that VDOT will be repairing the asphalting patch on Reynolds Drive sometime during the next 60-90 days; that VDOT will be 8 performing a speed limit study during the next thirty (30) days on Route 17; .and that he would review and provide a report back to the Board on the speed :..limit reduction along Route 17 and the consolidation of road signs. Supervisor Bradshaw advised that the hurricane evacuation signs reroute motorists via Business Route 58 into the Cty.of Franklin instead of to Route 58. // Chairman Wright called far Citizen's Comments. ..Betty Pulley of Peanut Drive, Chairperson of the Events Committee, requested that the Board fund the Event Committee's budget in the. total amount of $3,000. She noted .that the Committee's projects involve the Veterans' Day program; tree .lighting at the Courthouse in December; and volunteer recognition in the month of April. Supervisor Bradshaw moved .that .the Board approve the Events Committee's request in the amount of $3,000 and that the funds be taken from the Contingency Account. 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. Edward-Hall of Windsor, on behalf of his grandson, Chad Cutchin, requested that the Board provide financial support associated with his trip to the National Tennis Championship .that is being held on October 19-22, 2006, in Tucson, Arizona. Supervisor Clark moved that the Board refer the matter to staff for compliance with the County's policy relating to these types of requests. 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. The Board noted that staff could return with its recommendation at the Board's October 5, 2006, meeting. /1 At 7;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. - /I 9 Chairman Wright called for a public hearing on the following: .Renewal of the Courthouse Agricultural Forestal District: Beverly H. Walkup, Director of Planning and Zoning, presented the application and advised.. that the District was created in 198.8 for a period of eight (8) years and was renewed in 1996 for a period often (10) years. She stated that the District currently consists of approximately 14,124 acres. She further stated that it has .been. requested. that 317.2 acres be withdrawn from the District, leaving a proposed. acreage of 13,80? for this renewal. Chairman Wright called. for persons to speak in favor of, or in opposition to, the application. No one. appeared and spoke. Chairman Wright closed the public hearing .and called for comments from the Board.. Supervisor -Ivy moved that the Board approve. the renewal of the Courthouse Agricultural Forestal District for a period often (10) years. 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 application: The application of Jimmie W. Burden, Trustee for James W. Burden Revocable Trust, for a change in zoning classification .from .Rural Agricultural. Conservation (RAC) to Conditional Rural Residential (C- RR) of approximately 6.015 acres of land located on the north side of Joyner's Bridge Road (Route 611), south of the old Norfolk and Western Railroad, in the Carrsville Election District..'The purpose of the application is for asingle-family residential lot, as conditioned. Ms. Walkup presented. the application. She stated that the purpose of the application is to create a six (6) acre single-.family. residential lot from the . parent parcel, which is approximately 73.5 acres of land. She noted that under the sliding scale option, new lots can. be created from the. parent parcel. She advised that the applicant has submitted a voluntary cash proffer in the full amount of $11,189 and has conditioned the new lot to prohibit any family member transfers. She further advised that the applicant is requesting that the lot be removed. from the Knoxville Agricultural. District as well as a waiver from the requirement that the .first two (2) lots be located .off of the public road: She advised that the applicant has submitted amended. proffers in accordance with the Planning Commission's discussion., .She advised that the application has been properly advertised. 10 . ~~~r 24 .. ?(;~ Chairman Wright called for persons to speak in favor of, or in opposition to, the application. Jimmy W. Burden, Trustee, of 24345. Knoxville. Road, requested that the Board approve the application. He stated that the parcel is separated from the farm by Joyner's Bridge Road and would have a separate entrance into the lot. He advised that. he has conditioned no further subdivision of the property. Chairman .Wright closed the public hearing and called: for comments. from the Board.. Supervisor Bradshaw moved that the.-Board approve the application of Jimmie W. Burden, Trustee for James W. Burden Revocable Trust, and accept the proffers 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 a public hearing on the following: The. application ofRyland B. Edwards, Jr., owner, and Commonwealth Engineering Group, Ltd.,.. applicant, for a Conditional Use Permit and Preliminary Site Development Plan review to allow construction of a new building addition for the Oaks .Veterinary Clinic for equine. and farm services. The applicationsite is located at 14202 Benns Church Boulevard, Smithfield, in the Newport Election Disfrict. Ms. Walkup ,stated- that:. the new .Zoning Ordinance requires a Conditional Use Permit for properties that are zoned RAC for a veterinary clinic. She advised that the applicant is seeking expansion to allow for the construction of a unit to house horses for treatment. Ms. Walkup verified that the application had been properly advertised. Chairman Wright called for persons to speak in favor of, or in opposition to, the application. Mitchell Wilcox, Commonwealth. Engineering, representing the owner, stated that .his firm had prepared the plan for the proposed barn facility behind the existing Oaks Veterinary Clinic. A video depicting the appearance of the proposed facility was presented. Mrs. Edwards appeared before the .Board and spoke in favor of the Board approving her husband's application. Chairman... Wright closed he public hearing .and. called for comments from the Board. 11 e - ao~K 24 ~;:~~3Ofi Supervisor Clark inquired what the exterior of the building would be made from.. Ms. Walkup replied. that the building must comply .with the Newport DSD and would not be made. of metal. Supervisor Ivy inquired if the building would have the identical finish e as the existing building. Ms. Walkup advised that the new facility is supposed to have the same type of finish as the .existing building. .Supervisor Ivy moved that the .Board approve the application of Ryland. B. Edwards, Jr., with the six (6) conditions recommended by the Planning Commission. Themotionwas 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: An Ordinance to Amend Chapter 12. Offenses -Miscellaneous. Section 12-12. Curfew for Minors.. County Attorney Stroman 'stated the proposed Ordinance was developed in an effort to reduce juvenile. violence and crime and to promote .the general welfare of County citizens. He made reference to certain typographical errors and noted. that he had placed. a corrected. copy at the. Board's .places. He advised that Section 12.2 Al had been corrected from a.m. to 12:00- midnight and that closing. parenthesis had been added under Item 6 4(I) on Page 2. He advised that the Ordinance was properly advertised, so the Board would not be impeded from moving forward with its consideration this evening. Chairman Wright called for persons to speak in favor. of, or in opposition to, the proposed ordinance. No one spoke in favor of, or in opposition, to the proposed Ordinance. Chairman Wright closed the. public hearing and called for comments from the Board. Supervisor .Clark moved that the Board adopt the following Ordinance, as proposed, with a correction to Section 12.2 Al to reflect 12:00 midnight, and the closing of a .parenthesis under Item b 4(I) on Page 2: AN ORDINANCE TO AMEND CHAPTER 12. OFFENSES -MISCELLANEOUS SECTION 12-12. CURFEW FOR MINORS 12 ~iw~~nw~~w~ 1 w~~ ^~~ .~ WHEREAS, the Isle of Wight County -Board of Supervisors is .concerned about the safety .and welfare of its citizens, especially. its youngest citizens; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned. about the increase in juvenile crime and .drug use. NUW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors. .that Chapter 12. Offenses -Miscellaneous be amended as follows: . Sec. 12-12. Curfew for Minors. The purpose of this section is to: (i) promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the county; (ii) promote the .safety and well-being of the county`s youngest citize~is, persons seventeen (17) years of age or less, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly .unlawful drug activities, and to being victimized by older perpetrators of crime; and (iii) foster and strengthen parental responsibility forchildren, (a) As used within this Section. I2-12, the following words and phrases shall.have the meanings ascribed to them below: (l) "Curfew hours" refers to the hours of midnight through 5:00 a.m. (2) "Emergency" refers to unforeseen circumstances, or 'the status. or condition resulting therefrom,. requiring immediate action to .safeguard life, limb, or property: The term includes, but is not limited to, f res, natural disasters, automobile accidents, or other similar circumstances. (3) "Establishment" refers to any privately-owned place of business .within the. county operated for. a profit, to which the public is invited, including, but. not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator".shall mean.. any person, and any firm, association, partnership (and the members or partners thereof). and/or any corporation (and. the officers thereof) conducting or managing. that establishment. (4) "Minor" refers to any person seventeen (l'7) years of age or less who has not been emancipated by court order entered pursuant to Section 16.1=333 of the. Code of Virginia, ( 950, as amended). (5) "Officer" refers to the .sheriff, deputy sheriffs, or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Virginia and/or the ordinances. of Isle of Wight County. 13 ...: , eo~~ 24 r~ 30$ (6) `Parent" refers to: (i), A person. who is a minor's biological or adoptive parent. and who has legal custody of a .minor. (including either parent, if .custody is shared under a court order or agreement); (ii) A person who is the biological or adoptive parent with whom a minor regularly resides; (iii.). A person judicially appointed as a legal guardian of the minor;. and/or (iv) A person eighteen (18) years of age or older standing in loco arentis (as indicated by a written authorization in the possession of a minor from. an individual listed in part(s) (1), (2), or (3) of this definition, above), for the person to assume the care. or physical custody of the child. (7) "Person" refers to an individual, not to .any association, corporation, or any other legal entity. (8) "Public place" refers to any place to which .the public or a .substantial .group of the public has access, including, but not limited to: streets, highways, roads, parking lots,. sidewalks, alleys, .avenues, parks, and/or the common areas of schools, hospitals, apartment houses, .office buildings, transportation facilities, and shops. (9) "Remain" refers to the following actions: (i) To linger or stay at or upon a place; and/or (ii) To fail to leave aplace when requested to do so by an officer or by the owner, operator, or other person in control of thatplace. (10) "Temporary care location" refers to anon-locked, non- restrictive location at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such location shall be handcuffed and/or secured{by handcuffs or otherwise) to any stationary object. (b) It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the county, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the county, unless: (1) The minor is accompanied by a parent; or (2) The. minor is involved in an emergency; or (3) The minor is engaged in an employment activity, or is going to or returning home fromsuch activity, without detouror stop; or (4} The minor is on the sidewalk directly abutting a place where. he or she resides with a parent; or (5) The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization oragency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or . (6) The minor is on an errand at the direction of a parent, and the minor has. in his or her possession a writing signed by the .parent containing the following information: the name, signature, address, and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the .name of the minor, and a brief description of the errand, the minor's destinations} and the hours the minor is authorized to be engaged in the errand; or (7) The minor is involved in interstate travet through, or beginning or terminating in, Isle of Wight.County; or (8) The minor is exercising First Amendment rights protected by the United States. Constitution, .such as .the free exercise. of religion, freedom of speech, and the right of assembly. Vic) It shall be unlawful for a minor's parent to _ knowingly .permit, allow, or encourage such minor to violate § 12-12(b): (d) It shall be unlawful for a person who is the .owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of any provision of subsection (b). (e) It shall. be unlawful. for the operator of any establishment, or for. any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this subsection that - the operator or employee of an establishment promptly notified the police department that a minor was present at the establishment after curfew hours and refused to leave. (f} It shall be unlawful` for any person (including any minor}. to give a false name,. address, ar telephone number to any- officer investigating a possible violation of this section. (g} Enforcement of this Section l 2-12 shall be as follows: IS 3~t~~ 24 ;Mr:~~10 (1)Before taking any enforcement. action hereunder, an officer shall make an immediate inquiry for the purpose of ascertaining whether or not .the presence of a minor in a public place, motor vehicle and/or establishment .within the county during curfew hours is in violation of this section.. (2) As soon as practicable, the officer shall: (i) Release the minor. to his or her parent(s); or (ii) Place the minor in a temporary..care location for a period not to exceed. the remainder of the curfew hours, so that- his. or her parent(s) may retrieve the minor;. or (iii) If a minor refuses to give an officer his or her name and address, refuses to give the name and address of his or her parent(s), or if no parent can be located prior to the end of the applicable curfew hours, or if located, no parent appears to accept custody of the minor, the minor may be taken to a nonsecure crisis center. or juvenile. shelter and/or may be .taken to a judge or intake officer of the juvenile court to be dealt with inahe manner and pursuant to such procedures as required by law. (Ref. Va. Code § 16..1- ?60(H)(I); § 16.1-278.6; § 16.1-241(A)(1)). (h) Each. violation of this Section shall constitute a Class 4 misdemeanor. 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: An Ordinance to Amend Chapter 15. Taxation. Article II. Real Estate Taxes, Section 15-7. Exemption or Deferral for the Elderly and Handicapped. County Attorney Stroman verified that the Ordinance was properly - advertised... , Chairman Wright .called for persons to speak in favor of, or in opposition to, the proposed ordinance. Grace Keen of .the Newport District, representing. the Commission-on Aging, appeared and spoke in favor of a tax exemption for the elderly and ....disabled. She advised that the Commission on Aging is in favor of a total combined income of $30,000 and a net combined financial worth of $200,000. She advised that she was unclear what the advertised Ordinance was. proposing. 16 1 1 1 apnF ~4 ~r;•~1~ Supervisor Bradshaw stated that he recognizes that the general public does not understand the Ordinance, and that he would be directing staff to .market the Ordinance. in an effort to better explain its contents to the general public. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Bradshaw made a motion, which was later withdrawn, directing that staff eliminate any reference to Tier 2 and that it be brought back to the Board for further consideration since the Board could not approve the Ordinance as written. .County Attorney Stroman recommended that because eliminating Tier 2 is such a substantial change to the Ordinance that the Board should table the .Ordinance; direct staff to develop a revised Ordinance deleting any reference to Tier 2; and direct .staff to readvertise the Ordinance. Supervisor Clark noted that the general public does not. fully understand the proposed Ordinance and that he would recommend that staff develop .informational materials for distribution to the general public. He .stated that in the interim, staff should meet with the members of the Commission on Aging. to explain its contents. Supervisor ;Bradshaw moved that the .Board table the proposed Ordinance and direct staff to readvertise it for the Board's October 5, 2006, meeting,. eliminating the Tier 2 language. Staff is directed to .work in conjunction with. the Commissioner of Revenue and to meet with- the Commission on Aging members to explain the process and, following adoption of the Ordinance, to develop aCounty-wide marketing plan that explains the Ordinance. 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: An Ordinance to. Amend Chapter I1. Motor Vehicles and Traffic. Article IL Motor Vehicle Licenses. County Attorney Stroman. noted that the proposed Ordinance pertains to the elimination of the. decal requirement. He notified the Board that the Treasurer had suggested. a minor modification, which would. not. require readvertisement, that vehicles with farm use license plates -would not be subject to a license fee on Page 2, Section. l I -6, He verified .that the Ordinance had been properly advertised. 17 Chairman .Wright. called for .persons to speak in favor of, or in opposition to, the proposed ordinance. No one appeared and spoke in favor of, or in opposition ~ to, the proposed Ordinance. P Chairman Wright closed the public hearing and called for comments - from. the Board. e Supervisor Bradshaw moved .that .the .Board adopt the following Ordinance, to include a modification to Page 2, .Section 11-6, with reference i to vehicles with farm use license plates not being subject to a license fee: AN ORDINANCE TO AMEND Y . CHAPTER 11. MOTOR VEHICLES AND TRAFFIC. A ARTICLE II. MOTOR VEHICLE LICENSES. t WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has determined that. the need for county license decals on d automobiles are no longer necessary or useful; and WHEREAS, it is the intent of the Board of Supervisors to eliminate: the need for Isle of Wight County citizens to have to obtain such license decals; NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Chapter 11. Motor. Vehicles and Traffic. Article II of the Isle of Wight. County Code be amended. as follows: Sec. 11-3. Required eg nerall For each license tax year as hereinafter provided for, every resident of the county who shall own a motor vehicle which is normally garaged, stored or parked in the county shall pay a vehicle license .tax on every such motor vehicle as hereinafter provided for except as herein otherwise specifically provided. Every owner of a .motor vehicle which comes subject to this article between December 5 and December 4 of the following license tax. yeah; .shall pay the license tax herein prescribed and otherwise comply with the provisions of this article within thirty (30) days after becoming so subject. If a town within Isle of Wight County imposes like fees .and taxes on vehicles of owners resident in the town, the owner of any vehicle subject to the fees or taxes shall be entitled, on the owner's displaying evidence. that he has paid the fees. or taxes, to receive credit on the fees. or taxes imposed by this county. to the extent of the -fees or taxes he has paid to the town. Provided, however, not more than one license plate in addition to the .state plate shall be required. Isle of Wight County may enter into compacts .for the regional enforceme t of local motor vehicle license requirements to require the owner or operat r of any motor. vehicle, trailer, or semi trailer to display on his vehicle a ald local license issued by another county,. city, or town that is a party to th regional compact,. provided that the owner or operator is required by the jur'sdiction of situs, as provided in Section 58.1-351 l of the Code of Virginia ( 950), as amended, to obtain and display such license. Sec. 11-4. Tax Year. The license tax year shall commence on the fifth (5`") day of December ~ of each y ar and shall expire on the fourth (4`h) day of December of each . succeedin year. Every license tax shall become assessable on December 5`h of each an every license. tax year and every license issued upon the payment of the lice se tax thereon shall expire at -the end of the license year in which the same i issued. The license taxes prescribed herein shall be paid for each license ye r .not later than December 5`h of each and every such license tax year. Sec. 11-5. Applications; issuance. Eve .owner of a motor vehicle subject to this article shall make: applicatio for the license herein required to the County Treasurer at -such place or :places. as the Treasurer may. designate,. upon form prescribed by the Treasurer, containing the name and address of the owner and description: of the moto vehicle to be licensed, and, upon such form shall .appear the registration number assigned to the motor vehicle licensed hereunder and to the owne thereof. No 'motor vehicle subject. to .this article shall be locally licensed y the county unless and until the applicant for such license shall have pro uced satisfactory evidence to the Treasurer of the county that all personal roperty taxes upon the motor vehicle to be licensed have been paid and satisf ctory evidence that any delinquent motor vehicle, trailer or semi trailer pe sonal property taxes owing have been paid which have been properly ssessed or are .assessable against the applicant by -the county. Provided, further, than no motor vehicle license shall be issued unless the tangible ersonal property taxes properly assessed or assessable by Isle of Wight Co my on any tangible personal property used or usable as a dwelling titled by t e Department of Motor Vehicles owned by the taxpayer have been paid. An ,provided further, that if the situs for the vehicle is within Isle of Wight County, all personal property taxes assessed by either the county or the town n said vehicle must be paid before licensure of such vehicle by either the ounty or the town. JGti. 1 1-V. t'1111V URl Vl tGll1 ° VCII{-it Cttl Ali ense tax of Eighteen Dollars ($18.00) for each license tax year, as hereinafte provided for, is hereby imposed on each and every motorcycle,. motor sc oter, motorbike or other motor vehicle of like design or similar 19 .,,..~ __ P thereto to which this article is applicable, and a license tax of Twenty Dollars ($20.00) for each. License tax year, as hereinafter provided for, is hereby ' imposed on each and every other kind and type of motor vehicle to which. this article is applicable.. A license tax of Ten. Dollars ($-10.00) for each license year, as .hereinafter. provided for, is hereby imposed on the following: each National Guard license plate with "NG" and each farm truck license plate .with an "F". Vehicles with "Farm Use" license plates are. not subject to a license fee. Local licenses may be issued.-free of charge for any and all of the following: {i) vehicles owned by volunteer rescue squads; (ii) vehicles. owned by volunteer fire .departments;. (iii) vehicles owned by active members of volunteer rescue squads; (iv) vehicles owned by active members of volunteer fire departments; (v) vehicles owned by auxiliary police officers; (vi) vehicles owned by disabled veterans; and (vii) vehicles owned by former prisoners of war. In the case of active members of volunteer rescue squads, volunteer fire departments and auxiliary police officers, applications for such licenses shall be accompanied by written evidence, in a form acceptable to the Isle of Wight County Treasurer, of their active membership,. and no member shall be issued more than one such License free of charge.. Sec. 1 1-7. Same - Proration• Refunds In no event shall an owner of a motor vehicle subject. to this article be entitled to proration'or refund of the license tax, Sec. 11-8. Same -Upon sale or transfer of licensed vehicle ~' .Any owner of a motor vehicle who sells or transfers a motor vehicle subject to this article: and simultaneously therewith acquires another motor vehicle subject to this article in such owner's name shall, upon application to ~ ~!, the Treasurer on forms .prescribed by the Treasurer containing the name and .address of the owner, the registration number of the license previously issued for and a description of the motor vehicle for which such license had been issued and the name and address of the owner. and a description of the motor vehicle so acquired to be licensed and the payment to the Treasurer of a license tax as so set. forth in Section 11-6 above, be issued another license and registration number for each motor vehicle so acquired; provided,: that .the motor vehicle for which such license. and registration number are to be issued and .upon .which the same are to be used .shall be titled and registered in the name of the owner to whom the license and registration number was originally issued. Sec. l 1-9. Records. The Isle of Wight County Treasurer shall keep. a record of each license tax paid, license issued, and registration number given, along with the name -and addre s of the owner of the motor vehicle to whom such license is issued and a description of the motor vehicle for which such license is issued. Sec. 11-1 .Enforcement of article enerall . This article .shall be enforced by the Sheriff,. Deputy Sheriffs and .all police officers of the county and may also be enforced by the Virginia State Police, al of whom are hereby authorized and empowered to issue the summons r notice for violations of this article. Sec. 11-11. Arrests and` warrants. . W}1 never any person is arrested for a violation of any provisionofths article, th arresting officer. shall take the name and address of such person and the 1 cerise number of his motor vehicle and issue a summons or otherwise otify such person in writing to appear at a time' and place to be specified i .such summons or notice, .such time to be at least .five (5) clays .after such arrest unless the person arrested shall demand an earlier hearing. Such acres ing officer shall thereupon and upon the giving by such person of his writte promise to appear at such time and place forthwith release him from eust dy. Any person refusing to give such written promise to appear shall be aken immediately by the arresting officer before an officer authorized to issue criminal warrants and admit to bail in the county. Such authorized officer,. if he has reasonable grounds upon which to believe that the person arrested has violated any of the provisions of his article,. shall issue a wa rant for such violation. The person arrested shall be released if no warrant is issued or upon entering into a recognizance with. surety or giving his person l recognizance and depositing, or causing. to be deposited, in cash .the arnoun of bail required to be furnished with such judicial officer. .Such judicial of icer shall give an official receipt for funds so deposited. See. 11-12 Certain unlawful acts enumerated. It sh 11 be unlawful for any person subject to this article: (a) To operate a motor vehicle subject to this article upon the public .streets, hi hways and roads in the county, after December 5`" of each and every Iicen a tax year, without first paying the license tax prescribed herein; (b) To .willfully violate any written promise,. given in accordance with this. a icle to appear at the. time, place and before the county designated in any writ en summons or notice issued pursuant to and for any violation of this article rid which shall be in addition to and regardless of the disposition of the char a upon which he was originally summoned; or (e) To make and file a false application for a license or a false affidavit. 21 ~~=~~~ 2~ ~, :~~31~ Sec. 11-13. Late Payments; Collections• Penalties. Any person failing to .properly pay the license tax set forth herein shall be subject to late payment penalties andfor a collection fee of Thirty bollars ($30) as may be reasonably determined by the Isle of Wight County Treasurer. Any person violating any of the provisions of this article shall be deemed guilty of a Class 4 misdemeanor. (as defined by the Code of Virginia), and, upon conviction thereof, shall be punished by fine not to exceed Two Hundred Fifty Dollars ($250..00). A violation of this article may be discharged by payment of a fine. except upon presentation of satisfactory evidence hat the required license tax has been paid. 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. N 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, Lvy and Wright voting in favor of the motion, and no Supervisors voting against the motion. !/ Grace Keen, of Berms Church. Boulevard, addressed the Board regarding her concerns about the recent County Fair. She stated that she did not feel it was appropriate to continue. utilizing- taxpayers' dollars at the Fair's current. location, as site conditions do not seem to be improving. She stated hat taxpayers. are entitled to know what has been spent to date on improving_this site,- as well as how much. more needs to be spent. She noted that the Fair is .continually held in the month of September at the height of hurricane season and .wet weather.. She advised :that she had recently attempted to visit the site, but could not get through due to the presence of .mud. She further advised the Board regarding. complaints expressed to her ~ from individuals who could not. use the on-site .Port-A-Potty because they i were full and not maintained. She recommended that the County Fair continue to be held, but that the Board cease allocating the .funds to hold it at .its present location. Supervisor Clark movedthat the Board discuss Mrs. Keen's concerns further under New Business. 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. 22 ,~~~ 24:.:.-3i7 Dee--Dee Darden- addressed the Board concerning the recent County Fair. She nquired if there is a Master Plan for the County Fair; does the Fair Committe have governing rules/by-laws/membership criteria; are there guidelines and rules established for volunteers; has the Mission Statement of the Fair be n approved by all groups/boards connected with the Fair; does the Fair Com ittee have goals/strategies or a theme for each Fair; are timetables/ eadlines planned; are. their workable five (5) to .ten (l0) year, plans; is t ere a budget; who oversees the. spending; are there line items for certain pro ects, i.e., lighting, fencing, grass cutting or seed purchases; are we over or un er the Fair budget; of the. $900,000 allocation made in 2004, how much mor money has been spent; are there progress reports made to the Board of upervisors; is there an evaluation or annual report to the Fair Committee or to the full Board; are vendors/sponsors/volunteers and staff offered the opportunity to . evaluate and make. suggestion /comments/likesldislikes about. the Fair, and if so, are these comments reviewed by an independent entity, or are they reviewed by recreation taff; do attendance figures include only paid customers, or does it also include all the County personnel that .have free or multi-day passes; has anyone co sidered changing the layout of the tents and exhibits to make .the Fair, more personable and more intimate, as in past Fairs; and how is success of the Fair measured? She stated that citizens of the County have invested close to $.1,000,000 on a piece of swamp land. She requested accountability of how an where the money has been spent and how future expenditures and purchases ill be made.. She noted that the Isle of Wight County Fair is one (1) of on y two (2) ..counties in the State that operates under County governme t and inquired as to why could it not operate independently as a non-profit .entity. .She noted that the Fairgrounds have tremendous possibilitie , -but only after these grounds are drained and maintained. She suggested hat the Board consider appointing a task force or committee to consider t e future of the Fair because, if conditions do not improve, volunteers nd vendors will not return. 1/ Chai~man Wright .called for the County Attorney's report. Cou ty Attorney Stroman notified the Board that staff has. received a fully exec ted Memorandum of Understanding. (MOU} pertaining to the Smithfield Fire Stationllsle of Wight Volunteer Rescue Squad. He noted that included i the agenda. is correspondence received from the Smithfield Town Attorney, illiam Riddick, reporting on the Town's progress in meeting the deadlines tipulated in the MOU. He advised that there is some concern on the part of the Town Attorney that they are behind in the deadlines that were specified i the MOU, but the Town does-seem to be moving .forward. He offered to .cep the Board posted as additional developments occur. Cou ty Attorney Stroman stated that .pursuant to the Board's direction at .its Sept tuber 7, 2Q06, meeting, a proposed letter from the Board of 23 Supervisors' Chairman, addressed to the Chairman of the Wetlands Board, was enclosed in the agenda regarding the issue of an additional alternate to serve, on the Wetlands.Board.. He requested that the Board authorize him to send the letter.: Supervisor Clark. moved that the. Board authorize the County Attorney to forward the letter and withdrew his motion,. following discussion that :Supervisor Ivy and Clark were under the impression hat the Board had previously voted. to send the letter at its September 5, 2006, meeting. Supervisor Bradshaw. noted. that he .was not under .the impression that the motion directed that the letter be sent out under the Chairman's signature. He further indicated that the .Wetlands Board Chairman .had indicated to him that a letter had already been sent, but from the County Attorney's office, and not the Board of Supervisors' Chairman. 1 Assistant County Attorney Popovich advised that he had prepared a memorandum indicating to the Wetlands Board members, specifically the Chairman, the changes that the Board had. suggested at its September 5, 2006, meeting. For clarification purposes, the following is the actual motion and direction given by the Board at its September 5, 2006, meeting: Supervi or 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, which had passed unanimously (5-0). Supervisors Bradshaw and Ivy had further- directed at the Board's September 5, 2006, meeting 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 had further directed at the Board's September 5, 2006 meeting that the Wetlands By-Laws be amended to reflect that: (1)-the .event a Wetlands :Board member. is recorded absent three (3) times .without-good cause, the remaining. members. "shall" .request that the. Board of Supervisors replace that member; (2) the last sentence of Section 2.3 be revised to reflect that the use of .the Alternate member is mandatory; and- (3) the Wetlands members do not have the authority to determine whether or not the Alternate member is utilized. Supervisor Bradshaw requested that the Board, at its October 5, 2006, meeting, receive a copy of the. letter that was sent out regarding the Wetlands By-laws. 24 i~ ~ ~t Co my Attorney Stroman offered to resend copies of .the letter. that was sent to t e Chairman of the Wetlands Board concerning its By-Iaws and advised t at staff stands ready to address any outstanding issues. Sup rvisor Clark requested that the Board members also receive a copy of the W Hands By-laws .that the Board had. voted on at .its September 5, 2UU6, me Ling. Co my Attorney Stroman offered parting comments to the Board prior to his de arture from employment with the County... He expressed his deep appreciati n for the opportunity to participate in the County's governmental process. Ch irman Wright wished County Attorney Stroman well in ,his future. endeavor. Supervisor Clark thanked County Attorney Stroman for his expert legal advice w ile under the employment of the County. He recalled that Co~.~nty Attorney troman had triumphed in the Eagle Harbor Lawsuit and saved. the County illons of dollars. He stated all of the County's legal matters had been han led with exceptional competence, Sup rvisor Bradshaw recalled that County Attorney Stroman assumed his positi n at a time when the. County decided that it needed a full-time attorney n site. He thanked County Attorney Stroman for laying the ground work for he County having a professional legal staff. Supervisor Ivy thanked County Attorney Stroman for the legal advice he has g en the Board during his one (l) year tenure serving on the Board. He cam ented that the County had been legally well represented, and he .looked fo ward to seeing him again, at future VACo conferences. Su ervisor Brown commented that in addition to County Attorney Stroman' competency, he ..respected his ability to sooth any apprehension and diffe ence of opinions expressed by this Board as individuals. He stated that he h s enjoyed working with County Attorney Stroman during his short tenure on the Board. Co my Attorney Stroman advised that he had four {4) items to discuss with the oard in Closed Meeting. // Ch irman Wright called for the County Administrator's report. Lie l R. DeVary, Director of Budget and Finance, presented a Resolutio to Appropriate Funds from the Unappropriated Fund Balance to 25 the Comprehensive Services Act (CSA) Budget. for the Board's. consideration, Supervisor Bradshaw .moved that the Board adopt the following Resolution. and directed staff to provide a .presentation to the Board on the. ~I CSA Program explaining its purpose, the committees that are involved, and the ultimate decision, as made by the Judge. RESOLUTION TO APPROPRIATE FUNDS FROMTHE UNAPPROPRLATED FUND BALANCE TO THE COMPREHENSIVE SERVICES ACT (CSA) BUDGET t WHEREAS, the Board of Supervisors of the County of Isle of Wight,. Virginia has approved the appropriation of up to ninety-onethousandtwo. hundred twenty-four dollars {$91,224) from the Unappropriated Fund Balance of the General Fund and the reduction of seventy-six thousand. one hundred one dollars ($76,101) in State Revenues to the FY 2005-06 om rehensive ervices Act Bud et• and C S , P g WHEREAS, the funds in the amount of ninety-one thousand two hundred twenty-four dollars ($91,224) is available in the Unappropriated Fund Balance of the General :Fund and has been approved for appropriation o nt of Isle - reh nsive ervices-Act Bud et of the C u to the FY 2005 06 Comp e S g y 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 ninety-one ` thousand two .hundred twenty-four dollars ($91,224) from the Unappropriated Fund Balance of the General Fund and the reduction. of seventy-six thousand one hundred one dollars ($76,101) in State Revenues be appropriated to the FY 2005.-06 Comprehensive Services Act Budget of the County of Isle of Wight, Virginia. BE IT .FURTHER RESOLVED. that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in .favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey advised the Board. that the .Western Tidewater Regional Jail Board. has approved a resolution to eliminate ,the ..inmate cap of 700 inmates that was .originally placed in the 1990 Agreement when the Western .Tidewater Regional Jail Authority. was created. He presented a Resolution Endorsing an Amendment. of the Agreement of the 26 Member urisdictions of the Western Tidewater Regional Jail Authority for the Boar 's consideration. Su ervisor Clark. noted that the Western Tidewater Regional. Jail is consisten ly exceeding its prior limit of inmates,. and the Western Tidewater Regional Board felt it necessary to know that official action is being taken to increase he .limit of inmates in order to conform with the actual jail populatio Su ervisor Ivy moved that the Board adopt the following Resolution: RESOLUTION ENDORSING AN AMENDMENT OF THE AGREEMENT OF THE MEMBER JURISDICTIONS OF THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY W EREAS, the City of Franklin, the City of Suffolk, and the County of Isle o Wight entered into an agreement dated November 1, 1990, for the develop ent, construction, operation and maintenance of the WEStern Tidewate Regional- Jail by the Western Tidewater Regional. Jail. Authority; and, W EREAS, said Agreement in Section I, paragraph 4, placed a limit on the number of prisoners to be incarcerated in the Regional Jail at any one time with ut the written approval of all the ..parties at 700 inmates; and, EREAS, the Western Tidewater Regional Jail, as constructed originalt plus additions constructed thereto, is capable of housing more than 700 inma es and actually,. due. to demands of the jurisdictions and the courts therein, i presently housing more than 700 inmates. NO ,THEREFORE, BE IT AND IT IS HEREBY PROCLAIMED that the oard of Supervisors of the County of Isle of Wight, Virginia endorses he amendment to Section I, paragraph 4 of the Agreement of the Member urisdictons of the Western Tidewater. Regional Jail Authority to remove t e cap on the number of inmates to be housed in the Regional Jail facility b ~ deleting said paragraph from the Agreement. Th motion was adopted by a vote of (4-0} with Supervisors Brown, Clark, Iv and Wright voting in .favor of the motion; no Supervisors: voting against th motion; and Supervisor Bradshaw absent for the vote. Ka i Sletten, Interim Information Technology Director, showed a video. presentati n of a proposed system for the Board Room. She noted that the current. s tup in the Board Raom does not meet the needs, as the Chairman and Vice Chairman of the Board must move their seats in order to view a presentati n; that it is also difficult for the. audience to view a presentation; and that t ere are cards running across the floor that appear unprofessional. She advi ed that the proposal. includes four (4) plasma screens, two (2) of 27 anrr ~...~ "~~~ which will. be facing the audience and a motorized screen which can be raised and lowered from the podium. She further advised that. the proposal includes a new screen and that all associated equipment would be housed inside the podium. Supervisor Clark moved that the Board authorize staff to proceed with a. the upgraded presentation equipment for the Board.-Room. The motion was ` adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. Donald T. Robertson, Director of Information Resources and Legislative Affairs, stated that pursuant to the Board's direction. to staff at .its September 5, 2006, meeting an item has been included in the County's legislative package concerning. the process whereby a citizen must provide all evidence that an assessment is incorrect, but exempts: the .:Board of Equalization from providing any evidence. He stated that -the ..County Attorney would be discussing. this issue in Closed Meeting. He stated staff is also suggesting the inclusion of an item relative. to Farm and Forest Land Preservation, as well as -requesting. furkding via the Virginia Department of Agriculture and Consumer Services. He noted that he would bring back a draft Priority :List .for the Board's consideration. at its October 5, 2006, meeting. County Attorney Stroman stated there was opposition expressed to the Bill, which had been introduced during the General Assembly, which would have given all localities the ability to have an Administrative Hearing Officer as opposed to a three (3) person ,panel as the last step of the grievance process. He stated Albemarle County had requested that a substitute Bill be introduced that would -allow Albemarle County to conduct the Administrator Hearing Officer in lieu of the three (3) person panel... He stated the Administrative Hearing Office would offer advantages in the forms of consistency and professionalism. He stated that the three (3) person panel .is the last step.. in the County's grievance: process, and this oftentimes is problematic because. some. individuals are appointed to this. panel because they are friends with the employee, and there might be some anticipation that they would. be sympathetic to the employee for that reason alone. Supervisor Bradshaw directed. Mr. Robertson `to meet with County Administrator Casket' and the Director of Human Resources to review the issue and bring back a recommendation to the Board. Mr. Robertson advised the Board that the County's Legislative Delegation was not available to have dinner with the Board at its Retreat. Supervisor Bradshaw. recommended that Mr. Robertson invite the Delegation to meet with the Board prior to one of its regularly scheduled .meeting dates, as done. in the past. 28 i - i i a0nr („~ ~w':'~~~ Sup rvisor Ivy further recommended that the joint meeting also take ', place befo a the General Assembly. opens. l/ Choi man Wright moved that the Board take a five (5) minute recess. The moti n was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw,. Clark, ivy -and Wright voting in favor of the motion, and no Superviso s voting against the motion. // Chan man Wright called for Appointments. Supervisor Clark moved that the Board reappoint Grace Keen to serve . on the Co mission on Aging, The motion was adopted. by a vote of (5-0) with Supe isors Bradshaw, Brown, Clark, Ivy and Wright voting. in favo~• of the motion and no Supervisors voting against the motion. Supe visor Clark moved that the Board reappoint Grace Keen to serve on the Bea tification Committee. The motion was adopted by a vote of (5-0) -with Supe. isors Bradshaw, frown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supe visor Clark moved that the Board accept the resignation of Tarri Jones as t e Neighborhood .Representative on the Housing Rehabilitation Advisory oard. The motion was adapted by a vote of (5-0) with Supervisor Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, an no Supervisors voting against the motion. Supe visor Clark moved that the Board appoint Lonnie Batten,. replacing arri Jones, as the Neighborhood Representative on the Housing Rehabilitat ©n Advisory Board. :The motion was adopted by a vote of (5-0} with Supe isors Bradshaw, .Brown, Clark, Ivy and Wright voting in favor'of the motion, and no Supervisors voting against the motion. ~ /! Chair an Wright called. for Old Business. Coun Administrator Caske reminded the Board that the Y Southeaster Public Service Authority (SPSA) Board of Directors is anticipating. a request to take action on the proposal to receive out-of--area trash at its r gular meeting in October 2006. Supe isor Ivy noted that SPSA had represented in one presentation that the tip ing -fee savings through the years .2031 would be $8.5 million; 29 however, SPSA~ represented at a second presentation that by the year 2030,. there would be a $10.6 million dollar savings. He requested that SPSA needed to provide more. consistency with its figures.. 1/ Chairman Wright called for New Business. Regarding Supervisor Clark's earlier motion that ,the. Board further discuss Mrs. Keen's concerns under New Business, Supervisor Clark withdrew his motion and requested the matter be discussed under the Closed Meeting. County Administrator Caskey presented a Resolution to Cover- Board of Supervisors under the County Workers' Compensation Policy for the Board's information. Supervisor Ivy moved that the Board adopt the following Resolution: RESOLUTION TO COVER BOARD OF SUPERVISORS UNDER THE COUNTY WORKERS' COMPENSATION POLICY WHEREAS, the Isle of Wight County Workers' Compensation Policy covers work-related injuries; and, WHEREAS, the following :resolution is necessary to include the -Board of Supervisors Members in the policy, NOW, TI-IEREFORE, BE IT AND IT IS HEREBY RESOLVED by the " Board of Supervisors of Isle of Wight County, that Board of Supervisors Members are hfreby authorized to be included as employees for the purpose of the. Workers' Compensation Act of the Commonwealth of Virginia and ~ entitled to all coverage provided under said Act. 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 notified the Board regarding a request that he had received for. street lights on Thomas Woods Trail' Supervisor Bradshaw moved that the Board direct the request far street. lights to staff, and that staff bring the. matter back to the Board at a later date. 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. ~~~~ ?~ -.. -'325 ~~ Co my Attorney Straman requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the- Freedom of Information Act to receive legal advice co cerning reassessment issues; pursuant to Section 2.2-371 I .A.7 to receive I gal advice concerning legal matters pending at the time of his departure; pursuant to Section 2.2-371 I .A.3 to discuss the acquisition of real .property or a .public purpose; pursuant to Section 2.2-3711.A.1 to discuss a personnel issue regarding the promotion, performance, appointment, and assignme t of specified employees; pursuant to Section 2.2-3711.A.7 and A.1 conc ruing two (2) matters pertaining to legal and personnel issues related to the County Fair; and pursuant to Section 2.2-371 I .A.7 to .receive legal advi a with respect to legal procedures relevant to the Wetlands. Board Sup rvisor Clark moved that .the Board. enter the Closed Meeting for the. reaso s stated by the County Attorney. The motion was adopted by a vote of (-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright votingin avor of the motion,-and no Supervisors voting-against the motion. Sup rvsor Bradshaw moved that the Board return to open session. The moti n was adopted by a vote of (5-0) with. Supervisors Bradshaw, frown, lark, Ivy and Wright. voting in favor of the motion, and no Supervise s voting against the motion. Sup rvsor Brown moved that the Board adopt. the following Resolutio CERTIFICATION OF CLOSED MEETING REAS, 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, WH REAS, .Section 2.2-3712.D of .the Code of Virginia requires a certificate by this Board. of Supervisors that such closed meeting was conducted in conformity with Virginia law; NO ,THEREFORE, BE IT RESOLVED that the Board of :Supervisors hereby ce ifies that, to the best of each member's knowledge, (i) only public business utters lawfully exempted from. open meeting requirements by Virginia l were discussed in the closed meeting to which this certification resolution pplies, and (ii) only such public business matters as were identified in the m tian convening the closed meeting were heard, .:discussed or considered by the Board of Supervisors. VOTE c~ ~+ eQnF 2~ r„..~•~?2fi ~ AYES: Brown, Bradshaw,. Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Bradshaw moved to .direct staff to perform a thorough analysis. of the Fair and the Fairgrounds and return to the Board with recommendations. With theanalysis, staff is to do an evaluation and a report on the current Fair and what is going to be done with future .Fairs.: After that, the Board directed staff to provide it with quarterly reports on the progress of the Fair,. as to what is taking place in the upcoming years. 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 that the Director of Parks and Recreation update the Board on Fort-Huger at its October 5,.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 moton,.and no Supervisors voting against the motion. // At l0:OS p.m., Supervisor Brown moved that the Board adjourn its .meeting. 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 motioi W. Dough a ey, Clerk I