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09-06-2007 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R. Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. (Arrived at 4:15 p.m.) Thomas J. Wright, III Phillip A. Bradshaw Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Ivy called the meeting to order at 4:00 p.m. // Supervisor Bradshaw delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Ivy called for Approval of the Agenda. Interim County Attorney Burton requested the following amendments to the agenda: Add three (3) items under the County Attorney’s Closed Meeting Report, for a total of four (4) matters; add a Resolution To Request The General Assembly Impose A Gas Tax In Lieu Of The Current Tax Authority Granted To The Hampton Roads Transportation Authority under the County Administrator’s Report; add an item concerning the hours of operation for convenience center attendants under New Business, per the 1 request of Supervisor Bradshaw; add four (4) items under New Business and one (1) item under Old Business, per the request of Chairman Ivy; and, add a matter concerning the animal shelter under New Business, per the request of Supervisor Clark. Chairman Ivy moved that the Board approve the agenda, as amended. 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. // Chairman Ivy called for Special Presentations/Appearances. William L. Twine, Director of Parks and Recreation, briefed the Board on the upcoming Ag Fest, scheduled to take place September 15-16, 2007 from 10:00 a.m. until 6:00 p.m. at Heritage Park in Windsor. Ronda Demsko formally introduced the following 2007 Isle of Wight County Fair Queens to the Board: Miss Isle of Wight County Fair- Katie Callow; Teen Isle of Wight County Fair- Corrine Cahalan; Pre-Teen Isle of Wight County Fair- Kalie Warren; Junior Isle of Wight County Fair- Sierra Conklin; and, Wee Isle of Wight County Fair- Mackenzie Powers. She recognized Olivia Blatt, Little Isle of Wight County Fair, who was not able to be present at the meeting. Tom Baise, Fair Committee Chairman, briefed the Board on the 2007 Isle of Wight County AG Fest, scheduled for September 15-16, 2007 adjacent to the Joel C. Bradshaw Fairgrounds at Heritage Park. He advised expenses generated to date equal 35% of the total budget and $24,000 in revenue was generated through the pageant queens and sponsorships. He noted that revenue related Fair sponsorship equals $17,750 and is comprised of cash and in-kind services. He advised that the Fair’s website address is www.iwcounty.com/fair and that planning efforts for next year’s grand re- opening of the Fair on September 18-21, 2008 have already begun. 2 Judy H. Winslow, Director of Tourism, briefed the Board on the various marketing efforts undertaken by that Department to promote Ag Fest, which include advertisements in various local newspapers, as well as press releases; community calendars; and, certain websites, peg channels and the County newsletter. Michael W. McPherson, Superintendent of Schools, advised that school principals are in the process of reviewing after-school programs with their respective staffs and tailored for each school site. He further advised that the School Board Attorney is reviewing scholarship agreements at this time. Supervisor Brown arrived at the meeting. Steve Jenkins, Director of Budget and Finance/School Division, updated the Board on the School’s FY2007 budget to date in the amount of $53,037,000. He advised that expenditures and encumbrances to date total $52,687,000, leaving $350,000 remaining in the budget. Chairman Ivy mentioned that he was interested in obtaining the County’s revenue predictions for next year. Supervisor Bradshaw noted the need for a meeting of the Board’s Finance Committee to discuss revenue predictions and how the Governor’s recommendation of a 5% reduction in each State department and 5% mandatory reduction in all non-State departments might affect the County. Chairman Ivy requested that Dr. McPherson apprise the Board on the Governor’s Pre-K Initiative program. Dr. McPherson responded that his only concern was with available space in the County’s schools. He advised that there are currently a number of preschool initiatives already in place in the County. He added that the 3 State is currently not meeting $1.4 billion in its requirements with regard to SOQ funding. Rosemary Check, Administrator/Vice President, Sentara Obici Hospital, briefed the Board on that hospital’s proposed 30-bed expansion in Suffolk and Certificate of Public Need approval process required for the expansion. Jones Hooks, President, Hampton Roads Economic Development Alliance (HREDA), advised the Board that international economic groups are now recognizing the importance of regionalism and the trend is that regional efforts are becoming more important than state-wide efforts due to labor market issues. Steven Wright, Director of Economic Development, recalled that the Port of Virginia had procured a study in 2005 from the consulting firm of Moffet & Nichol with respect to anticipated port growth and its economic impact on the Hampton Roads region. He stated the additional study, procured in 2006, was done in order to review the possibility of the development of an intermodal facility specifically within the County. Andy Hecker, Moffat & Nichol, presented that firm’s findings relative to a proposed intermodal park in the County. Supervisor Bradshaw requested County Administrator Caskey to contact the Windsor Town Manager relative to scheduling a meeting of the Windsor Intergovernmental Relations Committee so that the Committee can be briefed on the County’s efforts to address the anticipated growth along Route 460 from port facilities. Patrick J. Small, Assistant County Administrator, formally introduced Rusty Chase, the County’s new Emergency Management Coordinator and Andy Aigner, the County’s new Fire and EMS Coordinator to the Board. Mr. Chase advised the Board that all rescue boats have arrived and are being stored in a secured location. He further advised that the majority of 4 boat accessories have now arrived and training classes have been established. // Chairman Ivy called for Regional reports. Chairman Ivy reported at the most recent meeting of the Smithfield Intergovernmental Relations Committee, the proposal by the County with the Western Tidewater Water Authority relative to a proposed water buyout of the Smithfield water system was discussed, as well as water being supplied to Smithfield from the Western Tidewater Water Authority. He stated the County is contemplating selling that portion of water currently not being used for revenues, resulting in a decreased cost of water for residents. He stated that currently only 25% of the allocated water supply in the northern portion of the County is being used and by increasing the efficiency rate, infrastructure costs will be reduced. He stated the County would be responsible for supplying all existing and future water needs of the Town of Smithfield and the Town will not have the financial liability associated with the construction of a reverse osmosis water treatment plant. He stated the County and the Western Tidewater Water Authority would be responsible for ensuring fluoride compliance and because of the increased number of customers, the rates could be lowered due to economies of scale, which would also allow all customers within the County and the Town to be subject to the same water rates. He stated the County would be responsible for all future capital costs associated with the water system repairs and replacement and the Town would no longer be responsible for collecting water payments. He noted significant advantages to both the Town and the County were presented to the Smithfield Intergovernmental Relations Committee and the Town will get back with the County following a review by the Smithfield Town Council. Supervisor Clark reported that the Hampton Roads Transportation Authority’s Legislative Committee is expected to meet next week to discuss strategies for getting the General Assembly to change the funding mechanisms for the Authority. 5 Supervisor Bradshaw reported that VACo’s draft legislative priorities will be complete by the first week in October 2007 and its final legislative priorities will be complete following the Committee meetings at VACo’s annual conference. Supervisor Bradshaw reported that staff is working with Social Services staff relative to reductions in expenditures with respect to personnel, payroll, procurement and financial services. Reports will be forthcoming. Supervisor Wright reported that the Western Tidewater Regional Jail Authority will be holding a retreat to discuss future expansions/plans for the Jail. Supervisor Brown reported financial transactions related to the December 2007 closure of the Southeastern Public Service Authority’s composting facility in Virginia Beach are nearly complete. Additional detailed information will be forthcoming on the results of the RFP for private composting services. The Authority will hold its annual Strategic Planning Retreat on September 26, 2007. // Chairman Ivy called for Transportation Matters. Kristen M. Mazur, Engineer, noted that the spreadsheet contained in the agenda lists the various transportation projects for the Board’s reference. She advised that since the development of the agenda, VDOT has concluded that the strips on the roadway in Zuni have reduced vehicular speed by an average of six (6) miles per hour in the easterly direction and nine (9) miles per hour in the westerly direction; however, the speeds had increased again after 90 days. Supervisor Brown inquired about the status of the speed reduction on Route 258 at the curve. 6 Ms. Mazur offered to investigate and report back to Supervisor Brown. Supervisor Bradshaw inquire about the status of the yield/stop sign at the railroad trussel/Zuni Circle. Ms. Mazur advised that the recommendation from VDOT is to widen the roadway; however, the area under the railroad is not owned by VDOT and other alternatives are being considered at this time. Supervisor Bradshaw advised that ponding is occurring on Route 58 in Walters on the southeast side. Mr. Neblett offered to set up a meeting with staff regarding the ponding that is occurring in the Walters community. Supervisor Clark relayed a concern of Mr. Winkler that the remaining portion of Sugar Hill Road, after the entrance to Founder’s Pointe, had been resurfaced with gravel and tar and was marring up motor vehicles. Mr. Neblett advised that the gravel would begin to set within a 48- hour period. He noted that the difference in materials used to pave Sugar Hill Road and the Founder’s Pointe development was due to the requirement that the developer pave from the entrance to Founder’s Pointe to Route 17. Supervisor Bradshaw inquired if VDOT had a map of secondary roads in the County that are prone to flooding. County Administrator Caskey offered to provide Supervisor Bradshaw with a GIS map developed by the Information Technology Department. Relative to preventive maintenance, Mr. Neblett advised that VDOT has been cleaning out the cross-drain pipes and ditches within the VDOT right-of-way and that he would speak with the appropriate VDOT official regarding the development of a plan to address landowner’s property outside the VDOT right-of-way. 7 // Chairman Ivy called for Citizens Comments. Mac Neblett, resident of 857 Talbot Drive in Smithfield, notified the Board about the profane language that was heard by him while he utilized Tyler’s Beach on Labor Day. He recommended that signage be installed stating “No Profanity Allowed – Violators Subject to a Fine of $100.” W. F. Johnston requested a fire hydrant be installed on Obrey Drive and Anna Drive, which would service 25 homes and reduce the cost of fire insurance for these residents. Supervisor Clark moved that staff be directed to review the feasibility of installing a fire hydrant at that location. 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 Ivy requested staff to investigate why the existing fire hydrant is located over 1,000 feet from the nearest residence. Grace Keen of 16419 Benns Church Boulevard requested that a sign be erected identifying and providing the history of the Memorial Garden at Riverview Park in Smithfield. Chairman Ivy moved that staff review the feasibility of placing a sign at the Memorial Garden in Riverview Park. 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. Mrs. Keen invited the Board to the memorial service at the foot of the th James River Bridge on Sunday, September 9 at 5:00 p.m. She advised that five (5) plaques will be placed on the Wall of Memory in memory of the individuals from the County who have died in the line of duty. 8 Mrs. Keen further invited the Board to attend the Isle of Wight Citizens Association meeting to discuss the Benns Grant project and the safety of the James River Bridge. // Chairman Ivy called for Board comments. Supervisor Bradshaw moved that staff be directed to review the situation at Tyler’s Beach and come back with a report on legally what can be done to address Mac Neblett’s concern under Citizens Comments. Individuals that are witnessed at the site being disruptive to the public, littering or violating the law should be served a Restraining Order and not allowed back on site. 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 Ivy called for the County Attorney’s report. Interim County Attorney Burton presented proposed By-Laws for the Wetlands Board for the Board’s consideration. Supervisor Clark moved that County Attorney Burton be directed to bring back a draft at the Board’s September 20, 2007 meeting incorporating a rotating Chairman, that the County Attorney be the Parliamentarian and that the Wetlands Board can amend its By-Laws, but that those amendments must be approved by the Board of Supervisors. 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 Ivy offered to schedule a meeting with the Chairman of the Wetlands Board once the By-Laws are revised by the County Attorney to ensure that there are no misconceptions on the part of the members of the Wetlands Board. 9 Interim County Attorney Burton requested the Board’s authorization to advertise for public hearing a proposed amendment to the Motor Vehicles and Traffic Ordinance which addresses the concerns expressed by citizens in the Gatling Pointe Subdivision regarding not allowing the parking of boats and trailers on the streets within the subdivision. Supervisor Clark moved that the Board authorize Interim County Attorney Burton to advertise the matter for public hearing at the Board’s October 18, 2007 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. Interim County Attorney Burton advised that he had five (5) matters for discussion with the Board in Closed Meeting. // Chairman Ivy moved the Board take a recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for the Parks and Recreation report. Patrick J. Small, Assistant County Administrator, requested the Board’s approval of a change order for split and stacked rail fencing around the parking lot and at certain locations inside Fort Huger. Supervisor Bradshaw moved that the Board authorize the transfer of $10,190 from the Capital Contingency Fund to facilitate the change order from Whit Williams. 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. 10 Supervisor Clark moved that the Board authorize the change order from Whit Williams in the amount of $10,190. 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. Debbie J. Sivertson, Manager of Historic Resources, reported that the final element needed for Certified Local Government status is the adoption of the Historical Architectural Review Committee By-Laws. She advised that staff will be meeting with the Department of Historic Resources staff on September 13, 2007 and will return to the Board with the final application as soon as possible. Ms. Sivertson requested the Board’s permission for the County to co- sponsor the National Conference of State Historic Preservation Officers (NCSHPO) reception on October 14, 2007 with the Town of Smithfield. Supervisor Clark moved that the Board authorize approval of the County’s co-sponsorship of the NCSHPO reception on October 14, 2007. 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 Ivy called for the General Services report. Kristen M. Mazur, County Engineer, briefed the Board on ongoing construction activities associated with the Joel C. Bradshaw Fairgrounds construction project which involves the development and implementation of drainage improvements with storm pipes; provides storage on-site with a full barn; and, creates raised tent pads and pedestrian paths to and from the tents. She advised that two (2) types of Bermuda grass will be planted beginning in May, 2008 and the project should be completed by late Spring or early summer. 11 Mrs. Mazur requested that the Board adopt a Resolution to Authorize the Solicitation of Proposals for Construction Administration Services in order to address staff’s design questions. Supervisor Clark moved that the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR CONSTRUCTION ADMINISTRATION SERVICES WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has determined that it is appropriate to solicit proposals for construction administration services for the Engineering Division; and, WHEREAS, County staff will need to discuss and negotiate the scope of services, as well as determine the experience and overall competencies of potential vendors. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2.2- 4303.C (1950, as amended), authorizes County staff to conduct competitive negotiation through a request for proposals for the needed services noted based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these services. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that the language in the RFP be amended under #2 with regard to Western Tidewater Projects. 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. 12 Mrs. Mazur briefed the Board on projects involving construction, studies/efforts and development review and oversight contained in the agenda under the Monthly Engineering Projects Report. Supervisor Bradshaw requested all future graphs for the Board’s review be in color. The Board concurred with staff placing future reports under the Consent Agenda. E. Wayne Rountree, P.E., Director of General Services, requested that the low bid from Sydnor Hydro, Inc. for the test well at the Camptown reverse osmosis facility be accepted. Supervisor Bradshaw moved that the Board approve the low bid of $168,335 from Sydnor Hydro, Inc. and authorize the appropriate signatures on the contract documents following review and approval by the County Attorney’s office. 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 Ivy called for the County Administrator’s report. County Administrator Caskey presented a Resolution for an Annual th Day of Remembrance and honor on September 11 for Isle of Wight County for the Board’s consideration. Chairman Ivy moved that the Board adopt the following Resolution: RESOLUTION FOR AN ANNUAL DAY OF REMEMBRANCE AND HONOR ON SEPTEMBER 11TH FOR ISLE OF WIGHT COUNTY 13 WHEREAS, the horrific events of September 11, 2001 serve as a grim reminder that we must never take for granted those whose bravery, diligence and compassion make our County and Country great; and, WHEREAS, the General Assembly passed HJ 19 “Virginia Police, th Fire, and Rescue Services Memorial Day,”which designates September 11 in 2002 and in each succeeding year, as Virginia Police, Fire, and Rescue Services Memorial Day to honor those Virginians who have given their lives to protect the lives of their fellow citizens; and, WHEREAS, it has always been the individual spirit and unending sacrifice of Isle of Wight County's emergency services and law enforcement personnel who daily risk their lives in dangerous circumstances to serve, protect and aid their fellow citizens of Isle of Wight County; and, WHEREAS,the Board of Supervisors of Isle of Wight County wishes to acknowledge the memory of the victims of September 11, 2001 and simultaneously express itsunwavering gratitude and appreciation for the ongoing heroic efforts of the Isle of Wight County emergency services and law enforcement personnel; NOW, THEREFORE, BE IT RESOLVEDthat the Board of Supervisors of Isle of Wight County hereby designates an Annual Day of th Remembrance and Honor on September 11 for Isle of Wight County. 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 called the Board’s attention to information received from the Culpepper County Administrator’s office with respect to a legislative proposal about illegal aliens. Sheriff C. W. Phelps advised that Smithfield Packing Plant is hiring an increased number of Hispanic individuals and whenever the Western 14 Tidewater Jail receives an individual that is not a United States citizen, they are checked to ensure that they are not illegal immigrants. Supervisor Bradshaw advised that the issue of illegal immigrants will be discussed at the next session of the General Assembly. He advised that VACo is not recommending any action be taken at this time. Donald T. Robertson, Director of Information Resources and Legislative Affairs presented the Board’s 2008 Legislative Priorities for the upcoming legislative session. Supervisor Bradshaw advised Supervisor Wright that the issue of the banning of plastic bags was discussed at the VACo Resolutions Committee and that Supervisor Wright needed to ensure that this issue is added to the legislative agenda at the next Steering Committee meeting. Mr. Robertson advised the Board of a Constitutional amendment that passed in the 2007 General Assembly session and which is required to pass in two (2) consecutive sessions in order to become an amendment that provides tax relief to property owners to up to 20% of the value of their farmland provided it is their primary place of residence. Supervisor Bradshaw warned the Board that the General Assembly is considering changing the legislation to make it mandatory this year. He requested Mr. Robertson to stay abreast of this issue. Mr. Robertson presented a Resolution to Request the General Assembly Impose a Gas Tax in Lieu of the Current Tax Authority Granted to the Hampton Roads Transportation Authority for the Board’s consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution and directed staff to send copies of the Resolution to all members of the Hampton Roads Transportation Authority (HRTA) and members of the General Assembly who represent the HRTA informing them of the County’s request and asking them to sponsor such legislation in the 15 upcoming General Assembly. The last sentence should be amended to sufficient to fund all regional transportation reflect “a regional gas tax improvements ”: RESOLUTION TO REQUEST THE GENERAL ASSEMBLY IMPOSE A GAS TAX IN LIEU OF THE CURRENT TAX AUTHORITY GRANTED TO THE HAMPTON ROADS TRANSPORTATION AUTHORITY WHEREAS, Isle of Wight County Board of Supervisors is of the opinion that HB3202 is flawed legislation in that it did not include sufficient State revenue to meet the transportation needs of the Commonwealth including the Hampton Roads region; and, WHEREAS, Isle of Wight County Board of Supervisors believes that it is incumbent upon the Virginia General Assembly to review this legislation during the 2008 session and to make necessary amendments to address the funding of transportation statewide; and, WHEREAS, the economic vitality of Hampton Roads and Isle of Wight County and the citizens’ reasonable expectations for efficient and convenient travel require the immediate commencement of improvements to our highway system, and, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, hereby urges the General Assembly to study the effect of HB3202 on the Hampton Roads region and to make the necessary amendments resulting from that study during the 2008 and 2009 biennium. BE IT FURTHER RESOLVED that the proposed amendments be discussed with local governments throughout the Commonwealth prior to any enactment. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia urges the General Assembly to increase 16 the gasoline tax statewide as the preferred method of generating the necessary revenues to fund transportation improvements not only in Hampton Roads region, but also across the Commonwealth, or in the alternative, grant the Hampton Roads Regional Transportation Authority the authority to impose a regional gas tax sufficient to fund all regional transportation improvements. 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 staff be directed to include in the County’s legislative agenda that the County’s legislators include Isle of Wight County in the list of counties and cities that are listed under Section 15.2-2118 of the Code of Virginia. 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 requested that the Board give consideration of a date for its annual Board Retreat. Chairman Ivy directed the Clerk of the Board to contact The Smithfield Center, followed by Smithfield Station, to find an available date rd during the month of December 2007, beginning with December 3, for the Board to hold a Retreat during the workday beginning at 4:00 p.m. for just one (1) evening. He noted that the results are to be e-mailed to the Board members. // Chairman Ivy called for consideration of the Consent Agenda. A. Western Tidewater Continuum of Care Council – Update B. V-Stop Program Grant Application – FY 08 and FY 09 17 . Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds Received from the Commonwealth of Virginia Department of Criminal Justice Services (FY 2007-08) . Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds Received from the Commonwealth of Virginia Department of Criminal Justice Services (FY 2008-09) C. County Fuel Bids D. August 2, 2007 Regular Meeting Minutes Supervisor Bradshaw moved that the Board adopt the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Appointments. Supervisor Bradshaw moved the Board appoint Stephen A. Aigner to serve on the Tidewater Emergency Medical Services Council, Inc. 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 requested staff to contact Rachel Morris-Chieppa regarding her recommendation of individuals to be appointed to the Purchase of Agricultural Conservation Easements. // Chairman Ivy called for Old Business. 18 Supervisor Clark announced the resignation of Dan Shuman from The Smithfield Times. He thanked Dan for the professional manner in which he reported County news. Supervisor Bradshaw requested the status of the Chatham County, Georgia Youth Commission appearing before the Board. County Administrator Caskey advised that multiple contacts have been unsuccessful to date, but that attempts to contact them would continue. Supervisor Bradshaw requested the status of the Board’s direction to staff concerning the Cool Counties Program. County Administrator Caskey advised Supervisor Bradshaw that staff is currently gathering that information. // Chairman Ivy called for New Business. Supervisor Bradshaw advised that he has a concern with the reduction in hours being worked by Convenience Center employees from 36 hours to 30 hours. He requested the reasoning behind why the County’s Personnel Policy stipulates that part-time workers can only work 30 hours per week. Emily G. Haywood, Director of Human Resources, stated the County’s policy was designed to alleviate part-time workers being worked on a full- time basis while denying them the benefit of full-time benefits. Supervisor Bradshaw noted that convenience center workers consist primarily of retired individuals who are not interested in receiving benefits. Chairman Ivy stated that he did not have a problem with convenience center workers working more than 30 hours, but he also did not want a 19 supervisor working a part-time employee 40 hours and not receiving the benefits associated with full-time employment. Supervisor Bradshaw noted that exceptions should be made for convenience center workers. He inquired if convenience center workers received comp time when they worked on holidays. Ms. Haywood advised that convenience center workers were not eligible for holidays because they are part-time employees. Supervisor Bradshaw stated discretion is necessary in enforcing personnel policies because it is unfair for a convenience center worker to work 12 hours on a holiday and not get paid overtime or given comp time like the other employees. Chairman Ivy moved the Board take a recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Clark moved that the Board amend the order of the agenda in order to go into 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. Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act concerning consultation with legal counsel requiring the provision of legal advice pertaining to certain specific contracts; pursuant to Section 2.2-3711.A.1 20 concerning a personnel matter involving the discussion of the performance of a specific public official; pursuant to Section 2.2-3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to the Open Burning Ordinance; pursuant to Section 2.2- 3711.A.3 concerning discussion with legal counsel regarding the acquisition of real property; and, pursuant to Section 2.2-3711.A.1 concerning a personnel matter involving the discussion of the performance of a specific public official. Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated by Interim County Attorney Burton. 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 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 adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by 21 Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING : 0 // The Board returned to the issue being discussed under New Business involving the hours worked by convenience center workers. Supervisor Bradshaw moved that County Administrator Caskey review the Personnel Policy with respect to Convenience Center Attendants and return to the Board with a recommendation to address the concerns expressed by the Board earlier. 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 to authorize $5,000 for the additional work needed by UDA as discussed during 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. // 22 Chairman Ivy inquired about the status of his request for budget projections. County Administrator Caskey advised that Budget and Finance staff would be providing the Board with its revenue predictions in the near future. Chairman Ivy requested that a lead group be appointed to expedite the grant for the bike path/pedestrian trails to connect Royal Farms with Nike Park Road. Chairman Ivy moved that staff investigate the possibility of refunding appeal fees to those residents who have construction or code issues and win their appeal and also review the current amount of $450 to see if that amount is high. 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 Ivy requested that staff begin to establish an amount for a healthy growth rate and return to the Board so that it can set a percent range that is appropriate County-wide. He noted that this is a multi-functional effort that should include the Department of Budget and Finance. Supervisor Clark advised that he recently had an opportunity to visit the County’s animal shelter, which is not scheduled for capital improvements until 2009. Sheriff Phelps advised that he, Messrs. Rountree and Davis and Chief Sullivan met today with respect to the condition of the present facility and it was the consensus of that group that this facility is not repairable. He advised that staff’s recommendation is to move the funds allocated in the Capital Improvements Plan in 2009 to this point in time and hire an architect relative to the design and location of a state-of-the-art facility which would house the office personnel divided from the kennel with a breezeway and include a run area for potential adoptions. He stated it is necessary to double the size of the current facility. 23 Supervisor Bradshaw recommended that rather than moving funds from the 2009 Capital Improvements Plan that staff return to the Board with an estimated cost to perform the design work and that the funds could be allocated from the Contingency account or Unappropriated Fund Balance. Supervisor Clark moved that Sheriff Phelps, in conjunction with Messrs. Rountree and Davis, return to the Board as soon as possible with a plan to build a new animal shelter facility. 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 requested the Director of Budget and Finance to review the options for moving the animal control capital project from FY09 to FY08. Chairman Ivy moved to direct staff to review what can be done by the County as a locality in future developments with the incorporation of a recycling ordinance for grey water for irrigation purposes in developments. 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 staff obtain information from the Town of Windsor regarding what has transpired with the rezoning of the 150 acres of land. // Mr. Small noted in regards to the Board’s earlier motion on the T-21 grant, the County’s policy requires that staff return to the Board for approval of grant applications. He stated in order to expedite that process, he is requesting that the Board authorize staff to proceed with the grant application without returning to the Board due to the limited timeframe. 24 Chairman Ivy moved that the Board authorize staff to proceed with the grant application without returning to 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. // At 8:45 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. __________________________ Thomas R. Ivy, Chairman ______________________ Carey Mills Storm, Clerk 25