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06-17-2004 Regular Meeting eo9M . 22 ?ti::~418 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND FOUR PRESENT:. Stan D. Clark, Chairman. Henry H. Bradby Thomas J. Wright, III Richard K. MacManus ABSENT: Phillip A.:Bradshaw, Vice-Chairman Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Clark called the meeting to order at 6:00 p.m. // // // Supervisor Wright delivered the invocation. The Pledge of Allegiance was conducted. Chairman Clark called for approval. of the agenda. County Attorney Stroman requested that Under Item (2), Special Presentations, Item (A) become the introduction of the following two (2} new County employees: Rachel Morris, Rural Economic. Development Manager ~ within the Department of Economic Development, and Sandon Rogers, Transportation Planner, within the Department of Planning and Zoning; that a request from the Town of Windsor to close Duke Street in the Town of Windsor on July. 4, 2004 from 6:00 p.m. until 10:00 p.m. be added. under Item (4), Transportation Matters; that a change order for .the construction of ..the Carrollton Volunteer Fire Department be added under Item (6), County Attorney's report; that the YMCA lease be removed from Item (7), County Administrator's report, so that a public hearin -could be held; that a ro osed g P P contract for the Central .County Park improvements 6e added under Item (9), New Business; and, that Item (11), Closed Meeting, be added to discuss a probable litigation. item regarding the advice of counsel and briefings by staff concerning an illegal dumping matter in the Hardy District.. ~~ ,. ~~ ~I 1 1 1 BOON 22 ri:r':2~J Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. ~i Chairman Clark called for Special Presentations. Jonathan W. Hartley, Director of Planning and Zoning, formally introduced Sandon Rogers, the new Transportation Planner, Department of Planning and Zoning.. Patrick J. Small, Director of Economic Development, formally introduced Rachel Morris, the new Rural Economic Development Manager, Department of Economic Development. MacFarland Neblett, Resident .Engineer, Virginia Department of Transportation, formally introduced Joe Lomax, the new VDOT Assistant Resident Engineer for the Suffolk Residency.. Supervisor MacManus inquired about the status of flooding along primary roads. Mr. Neblett advised that primary roads are intended to handle atwenty- five (25) year storm frequency, and. secondary roads are intended to handle a ten (10) year storm frequency. He stated VDOT's policy is to address drainage matters within rights-of--way, and he is currently studying the locations provided by the... County to determine if they qualify for improvement. He noted if these problem flooding areas can be improved, Mr. Riddick of his staff will be providing County. staff with a plan within the next sixty (60) days. Supervisor MacManus inquired about the status of the inclement weather/security action plan for the James River Bridge. He mentioned that an individual had lost his life in that area during Hurricane Isabel. Mr. Neblett advised that because VDOT is experiencing budget restraints, warning signs are not a funding priority in conjunction to other needs in the Hampton Roads District. Although he was unsure when funds would become available to address this request, he noted that he would pass Supervisor MacManus' comments along and that the Board could anticipate feedback within the next thirty (30) days. Supervisor MacManus requested an explanation on the $1.3 million dollar cost overrun incurred on the Route 620 Project. 2 j eoaK ~ ~2 rM~~~~Q Mr. Lomax briefed the. Boazd on the overages associated with the Route 620 project. He noted that a minimum plan concept was used on this project which requires little subsurface .investigation and. preliminary engineering.. He further noted that VDOT no longer utilizes this concept. He stated designs for this project were- changed several times due to diff culties resulting from a lack of engineering, Mr. Neblett advised that the deficit would have to be made up from secondary allocation funds for Isle of Wight .County. He further advised that Four Square Road and Duck Town Road will be delayed at least one (1) yeaz in the County's Six-Year Plan as a result. He warned that the State is'phasing ~ out the funding associated with secondary roadways, and that the Board should expect further delays on the. Six-Year Secondary Road Plan in the future as a result of funding deficiencies within VDOT. Supervisor MacManus inquired about the status of safety improvements at Gatling Point and Battery Park Road. f Mr. Lomax reported that the crosswalks have been installed, but the "Children At Play" signs have not been installed as yet. Chairman Clark inquired what -the completion date is for. the Rescue Bridge. Mr. Lomax reported that the July, 2004 completion date has been moved to the end of August, 2004 due to alight-weight retaining wall that is .being installed. Supervisor Bradby .inquired about VDOT's grass cutting schedule for County Roads. Mr. Neblett advised that the primary highways are mowed at least four (4) times annually, and secondary roads are mowed at least two (2) times annually. Dawn M. Reid, M.A. with ACC, Inc., presented tl~e findings of the archeological survey conducted at Lawnes Point on the James River. .She stated property ownership within the tract has been traced back to 1638 and 19 archeological sites were identified, with 26 isolated finds. She stated that two (2) of the four (4) sites have been relocated that had already been recorded, in the tract.. She stated the sites found date back to the late 17`f` century,.with the earliest site going back to 1680 up to the early 20~' century. She stated a civil war. barracks associated with Fort Huger has been located. j She has recommended 12 of the 19 sites for eligibility with the National Register of Historic .Places. She noted that the 12 potentially eligible sites have been surveyed, and theywill be preserved in place.. Shestated evidence of the Christopher Lawnes Plantation was not found; she believes that site is located further up Lawnes Point. `i ,. so~~ 2z ~~:: ~z~ ~~ Jeff Collins, Towns Engineering, responsive. to Supervisor MacManus, advised that the sites located will be preserved by an easement and covenants. He noted that there will not be any activity on these sites, and they will be frozen in their current state. // Chairman Clark indicated the. Consent Agenda included the following items: A. 2004 Assessment Rate Tables B. Fuel Bids C. Resolution to .Accept .and Appropriate Grant .Funds from the Virginia Housing Development Authority for the Section 8 Program D. Resolution to Accept and Appropriate Funds. from the Virginia Department of Housing and Community Development for a Dry Well Replacement Program 1 E. Resolution to Accept and Appropriate Grant Funds from the United States Department of Housing and Urban Development F. Resolution for Execution of aNon-Traditional Pole Attachment Agreement with Dominion Virginia. Power G. NACo Voting Credentials H. DEQ/Public Notice for May 31, 2004 I. Actions of the isle of Wight County Board of Zoning Appeals Meeting of June 7, 2004 J. Actions of the Isle of Wight County Planning Commission June 8, 2004 K. May 20, 2004 Regular Meeting Minutes Chairman Clark asked if there were any items for removal. Supervisor Wright moved the Board adopt the Consent Agenda, as amended. The motion was. adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the. motion; and, Supervisor Bradshaw absent from the meeting. 4 ~! enoK ~ 22 ~~~~422 Chairman Clark .called for Transportation Matters. Mr. Hartley. presented. a .request from the Town of Windsor to close Duke. Street in the Town of Windsor on .July 4, 2004 from 6:00 p.m. until 10:00 p.m. Supervisor Wright moved that the Board approve the request from the Town of Windsor to close Duke Street as presented on July 4, 2044 from 6:00 p.m. until 10:00. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, .Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. Grace Keen voiced her concern with the lack of grass cutting along medians in the County. Mr. Neblett advised that medians are located along the primary highways, and they would be cut at least four (4) times annually. Mrs. Keen also expressed concern with the demolition of the VDOT tollbooth located at the James River Bridge. She noted that she understood that VDOT is proposing to fence in this area.. She stated this area. is the gateway to the County, and its appearance should be treated accordingly. Chairman Clark requested that Mrs. Keen bring this matter up under Citizens Comments later in the meeting.:. // At 7.:00 p.m., Supervisor Wright moved the Board amend the regular order of the .agenda in order to conduct the public hearings.. The motion was adopted unanimously (4-0). Chairman Clark called for a public hearing on the following: A. The application of Eva Gilliam and.John Damron for a change in zoning classification from RAC to Conditional Rural Residential of 4.5 acres of land located on the south side of Waterworks Road (Route .709) west of Courthouse Highway (Route 258) and south of Mt. Holly Creek Lane (Route 697) in the Hardy Election .District. The purpose of the application is for three single-family residential lots as conditioned. Supervisor Wright moved that the Board accept the request to withdraw the. application, and that the public hearing be cancelled. The 5 904K ~..~ rt;~~4~J motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. Chairman Clark called .for a public hearing on the following: B. The application of Robert J. Frank to amend the Master Plan of the Benn's Church Development, thirty-three (33) acres of land zoned Conditional General Commercial, to include the expansion of the existing. motel and the proposed addition .of a restaurant as conditioned. The property is located on the south side of Brewer's Neck Boulevard (Route 258) east of the Benn's Church Boulevard (Route 10) intersection, Carrollton, in the Newport Election District. County Attorney Stroman noted that Bishop Sullivan's interest in the property has been sold, and that his previously stated conflict of interest no longer exists as a result. Mr. Hartley stated that the Planning Commission voted unanimously to recommend that the Board approve the application. Chairman Clark called for persons to speak in favor. of, or in opposition to, the proposed application. Jonathan Frank, applicant, stated the application has been reduced to an addition onto the existing motel with parking on the rear of the building and an adjoining restaurant. He further stated certain elevations have been proffered to include a modification to the existing building canopy. Chairman Clark closed the public hearing and called for. comments from the Board. Mr. Small advised that .the application wus coordinated as much as possible with respect to economic development efforts. Supervisor Bradby moved the Board approve the application of Robert J. Frank, as conditioned. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. // Supervisor Wright moved that the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). // 6 aooN 22rM;f424 Chairman Clark called for Citizens Comments. Albert Burckard of Titus Creek. Lane, speaking on behalf of the Isle of Wight County Citizens Association, the Carrollton Civic League and the Isle of Wight Historical Society, reiterated his previous request to delay, by one (1) year, the demolition by VDOT of its tollbooth located at the foot of the James River Bridge so that possible tenants could be found to pay for the building's upkeep. He noted that the demolition could possibly be delayed if Sheriff Phelps .would formally make a request in writing to Constance Sorrell/VDOT, and he offered to provide the County Administrator with Ms. Sorrell's mailing address and phone number. Grace Keen again addressed the Board. on VDOT's plan to demolish the James River Bridge tollbooth and fence in the area for the purpose of storing VDOT vehicles. She noted- this location is situated at the gateway. to 3 the County, and VDOT's plans to demolish the tollbooth and fence in the area will not enhance the efforts undertaken. by the Beautification Committee. 's Chairman Clark requested that Mr. Neblett stay in touch with the Board regarding VDOT's planfor this facility at the entranceway to the County. Supervisor MacManus noted the VDOT building is .located in the Highway Corridor Overlay District. County Attorney Stroman offered to research and report back to the Board on whether or not VDOT must adhere to the zoning rules and regulations of the Highway Corridor Overlay District. N Grace Keen voiced her concern with the. amount of trash on the James River Bridge. Mr. Neblett offered to speak with Mr. Dangerfield (VDOT) who oversees the crews that clean debris on the bridge. Chairman Clark. noted that VDOT is currently negotiating with the adjoining property owner for the purchase of the VDOT-owned Bartlett maintenance area. He inquired why the County did not have an opportunity to purchase the property. Mr. Neblettnoted that there. is a stipulation on the. sale of the property that there will be no direct .access from Route 17 to the .property itself. He further noted that only the adjoining property owners could have access to this property from their properties. Chairman Clark moved .that the Board direct the VDOT Resident Engineer to investigate the status of the transaction, and report back to the Board at his earliest convenience, either by facsimile or email. When such i eooN 22 r ~~:~42.5 status is determined, the VDOT Resident Engineer is to advise the County Administrator as to the procedures for this type. of property transaction. The motion was adopted by a vote of (4-0) with .Supervisors MacManus, Bradby, Clark and Wright voting in favor of the .motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. Pat Clark, on behalf of the Commission on Aging, presented a request that the Board utilize a portion of the $1.5 million that will be coming to the County from the State to decrease the tax rate to assist needy senior citizens. Ken Esser of Gatling Pointe spoke in support of additional funding for the School Board. Grace Keen spoke in favor of funding for additional. deputies within. the Sheriff's Office. She requested the Board take into consideration the total needs of the community, in addition to those. of the School Board. Chairman Clark read a letter from Nancy Guill, on behalf of the .Carrollton Civic League, addressed to him with respect to the additional State funds received by the County. She noted that sacrifices have been made locally to fund the schools in the past, and consideration should also be given to other departments and needed services in the County, such as .the Sheriff's Office and economic development initiatives.. She also requested that the Board proceed with: implementing tax relief for the elderly. // Chairman Clark called for the County Attorney's report. County Attorney Stroman presented an Ordinance Setting Tax Rates for the 2004/05 Fiscal Year. He noted the Board will be considering budgetary matters later in the meeting which could include a reduction in the tax rate. He recommended that the Board proceed with enacting the Ordinance setting the tax rate tonight, and when the Board makes its budgetary adjustments that will require a public hearing, it would also be possible for the Board to adjust the rate at that time. Supervisor MacManus moved that the Board adopt the following Ordinance: AN ORDINANCE TO IMPOSE TAXES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2004 THROUGH JUNE 30, 2005 ADOPTED THE SEVENTEEN. DAY OF JUNE, 2004 BE IT AND IT IS HEREBY ORDAINED by :the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit. 8 90011 22 ~AL`426 (1) That there is hereby. levied for the fiscal year beginning July 1, 2004,. a tax of $0.75 per one. hundred .dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section. 58.1-2606 of the Code of Virginia, as amended; (2) That there is hereby levied for the fiscal year beginning. July 1, ' 2004, a .tax. of $0.95 per one hundred dollars of assessed valuation on machinery :,and tools used in businesses as defined in Section 58.1-3507 of the Code of Virginia, as amended; (3) That there is hereby levied .for .the fiscal year beginning July 1, 2004, a tax of $1.00 per one hundred dollars of assessed valuation on boats, watercraft and aircraft as defined in Section .58.1-3606 of the Code of Virginia, as .amended; (4) That there is hereby levied for the fiscal year beginning July 1, 2004, a tax of $0.3.2 per one hundred dollars of assessed valuation on watercraft, including vessels and .ships, weighing five tons or more, excluding privately owned pleasure boats 'and watercraft for recreational purposes only; (5) That there is hereby levied for the fiscal year beginning July 1, 2004 a tax of $4.40 per one hundred dollars of assessed valuation on tangible personal property as defined and classified in Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3500, 58.1-3501, 58.1-3502, 58.1- 3503, 58..1-3504 and 58.1-3506 of the Code of Virginia, except that all household-goods and personal effects as defined: and classified. in Section 58.1-3504 are exempt from said levy; (6) That. there is hereby levied for the fiscal year beginning July 1, 2004, a tax of one-half of one percent of the gross. receipts on telephone and telegraph companies, water companies, heat, light and power companies (except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of. Virginia and pipeline distribution companies as defined in Section S $,1-2600 of said Code) .accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia .pursuant to Section 58.1-3731- of the Code of Virginia, as amended, however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED AS FOLLOWS: (a) .That all proceeds received for the fiscal year beginning July 1, 2004 from the County general tax rate levies, from other local revenue, from Federal and State funds and supplements and from all other funds and sources for general County functions and purposes, J 1 i 9 BaoK 22 >~-;427 including public schools and public welfare, be credited to the General Revenue Fund of this County, and, when and if appropriated by the Board of Supervisors of this County, shall be used for such functions and purposes and to defray the charges and expenses of said County and all necessary charges incident to or arising from the execution of the lawful authorization of the. Board of Supervisors of this County; (b) That lump sum- appropriations are hereby made on an annual basis for the fiscal year beginning. July 1; 2004, separate items, categories, .functions and purposes as .shown and indicated in the budget adopted by the Board of Supervisors on the 6`" day of May, 2004. (c) That the County Administrator is hereby authorized to make all expenditures in payment of all line items in the budget at any time during the fiscal year in any amounts so long as those amounts are not greater than the amounts available in the fund for such item or category, and the County Administrator is hereby authorized to make line item transfers within categories and from category to category so long as the transfers of line items are within the budget and do not exceed the funds available for such purpose. (d) That all encumbered funds which are earmarked for specific projects, which are not. expended during the current fiscal year, will be carried over as encumbered funds for said projects for the ensuing years unless the encumbrances are removed by action of the Board of Supervisors. (e) That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "funds" in the aforesaid budget estimates from the General Revenue Fund, from time to time, as monies become available, sums equal to but not in excess of the appropriation herein made to such "funds", for the functions and purposes therein indicated from the General Revenue Fund for the period covered by this appropriation ordinance. (f) That the Treasurer of Isle of Wight County is hereby authorized to honor and pay all warrants and to pay out funds from the various "funds" indicated in said Budget estimates for. any contemplated expenditure for which funds have been made available and appropriated for such contemplated expenditures. (g) That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in .favor of the motion; no 10 eoo~ 22:hL:4~$ Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. County Attorney Stroman presented a change order for the Carrollton Volunteer Fire Department as recommended by the County's Construction Manager in the amount of $9,904.65. Supervisor Wright moved that the Board authorize the Chairman, on behalf of the County,. to execute the change order in the amount of $9,904.65. The motion was adopted by a vote of (4-0) with Supervisors MacManus, .Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting. against the motion; and, Supervisor Bradshaw absent from. the meeting. // Chairman Clark called for the County Administrator's report. Mr. Hartley addressed the issue of the .Water Quality Impact Assessment for Lawnes Point on the James and noted that the Planning Commission did recommend approval. Supervisor MacManus moved the Board approve the Water Quality Impact Assessment for. Lawnes Point on the James as recommended by the Planning Commission. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. Mr. Hartley noted. that the Board adopted a revised Chesapeake Bay Preservation .Area Ordinance in December, 2003, and that the administrative regulations require that staff and the Chesapeake Bay Local Assistance Board approve it as being consistent with their regulations. He stated .one (1) recommended change, as well. as two (2} suggested changes, have been made. He noted that once the draft resolution is approved, staff will return with amendments for consideration. by the Board. County Administrator Caskey requested that the Board begin to make its recommendations to the Circuit Court Judge .for appointments to the Board of Equalization. § , .Chairman Clark moved the Board recommend Marian Wilson, representing the Smithfield District, to the Circuit Court Judge for appointment to the Board of Equalization. The motion was adopted unanimously (4-0). 11 Book 2? rh_~42~ Chairman Clark moved the Board recommend Harry Cassell, representing~the Newport District, to the Circuit Court Judge for appointment to the Board of Equalization. The motion was adopted unanimously (4-0). Chairman Clark requested that the Director of Budget and Finance contact Supervisor Bradshaw to determine if he has a recommendation for a Board of Equalization appointment. County Administrator. Caskey requested that the Board authorize staff to advertise the YMCA lease of the. Home Economics Building for public hearing at the Board's July 1, 2004 meeting. Supervisor MacManus moved that .the Board authorize staff to advertise a public hearing on the Lease for the Board's July 1, 2004 meeting at 5:00 p.m. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. Following a briefing by George Kindred on Section 8, Step D,1, D.2 of the County's Strategic Plan, it was noted that Supervisor Bradshaw, who was not present, had indicated that he had several questions pertinent to this work. effort, and that he wishes that this item be revisited at the Board's July 1, 2004 meeting under Old Business. Supervisor MacManus requested that Mr. Kindred check the 15-19 age group for accuracy. // Chairman Clark called for Old Business. Maston S. Parham, Director of Human Resources, briefed the Board on the final report of the County's Pay and Classif cation Plan by Palmer & Cay. He noted the reason for the recommended twelve (12) year cap is to eliminate compression. Noting the absence of Supervisor. Bradshaw, Supervisor MacManus moved that the Board table the matter, and that it be listed under Old Business at the' Board's July 1, 2004 meeting. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. Supervisor Bradby requested the status of the property owned by the Snyders at Burwell's Bay. 12 eooN ~2 ~~~:430 Mr. Hartley advised that his. office. was proceeding with, issuing .the permit to rebuild, as. Hurricane Isabel did not destroy 50% of their buildings. Supervisor Bradby .requested that Mr. Hartley contact the Synders to advise that the. Board had discussed the matter. County Administrator Casket' noted the matter of the Isle of Wight Architectural Survey was tabled by the Board at its. June 3, 2404 meeting to allow staff to gather additional. information. with respect tobetter defining the team of individuals who will prioritize the -.1.50 sites best suited for survey, and for the County Attorney to .have an .opportunity to review the proposed Agreement. County Attorney Stroman advised that he had reviewed the Agreement and all of his suggested revisions have been incorporated. Supervisor MacManus moved the Board approve the County Architectural Survey. Agreement and Scope of Work. The motion was adopted- by a vote of {4-0) with Supervisors MacManus, Bradby, Clark and Wright voting. in favor of the motion; no. Supervisors voting against the mation; and, Supervisor Bradshaw absent from the meeting. With .respect to the formation of a work group, Debbie J. Sivertson, Administrative Analyst, noted-that such work group needs to be appointed by the Board by the end of August, 2004. Chairman Clark moved that the Board table the issue of the formation of this board until the Board's July 1, 2004 meeting. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting.. County Administrator Casket' noted that contained in the agenda relative to the. FY 04-OS Operating and Capital Budget, is a board report detailing potential.. allocation of additional -funds representing additional amendments. Supervisor MacManus proposed the following potential amendments to the FY04-OS' Operating Budget for the schools:. $670,946. to school debt service $165,000 to achieve full funding of the original budget request $71,900 as a supplemental request for Pre-K program $63,000 as a supplemental request for the School Board's discretion- Supervisor MacManus further proposed potential amendments to the FY04-05' Operating Budget for the County, as follows: 13 :. 1 ~~ 1 ., 1 R ~Q~~ 22 ~r t. 431 $62,000 to the Refuse Tip Fee (Rate Reduction) $37,000 to Public Communications -Staffing Back- . up $25,000 for the increase in fuel costs (30%) $250,000 to Economic Development Reserves for incentives $135,000 for a pay increase at 3.5% $190,000 for staff development needs Supervisor MacManus additionally proposed that $145,000 be allocated to the Sheriff's Office for increased, staffing needs (PT to FT); that $74,000 be allocated as a grant match for hazard mitigation (Isabel); and, that $10,000 be allocated as a grant match for the Department of Historic Resources Architectural Survey. Supervisor MacManus noted that the above proposed amendments amount to a deficit of $314,357 over the $1,460,489 available funding. He noted that while there is a deficit, he also recommends a $.02 tax rate reduction which will impact the budget by another $392,000, for a total negative impact to the County's fund balance of $706,357. He recommended that his above proposals be advertised for public hearing as adjustments to the existing budget approved by the Board in May, 2004. Supervisor MacManus .moved the Board direct staff to advertise a public hearing reflecting the amendments, as presented above by Supervisor MacManus, to the FY04-OS' Operating Budget for. the Board's meeting of July 22, 2004 at 7:00 p.m. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. Supervisor MacManus further moved that the Board direct staff to advertise a public hearing for the Board's July 22, 2004 meeting at 7:00 p.m. a property tax rate reduction of $.02 from the current tax rate. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright. voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the .meeting. Mr. Robertson briefed the Board on the status of clean-up efforts at Burwells Bay. He noted the debris is located along the shoreline and can only be seen at low tide. He stated staff is investigating low cost options to address the bulk of the debris, to include utilization of inmates at the Western Tidewater Regional Jail, as well as a volunteer group consisting of 40-60 individuals who will be coming to the County in the third week of July, 2004. He recommended that if the Board chooses to utilize the volunteers, that the County provide materials such as gloves and rubber. boots. He noted that while volunteers could potentially cleanup the bulk of the shoreline, it would 14 I ., eoo~ 22 ~~L~432 also be necessary' to contact a professional to investigate what debris remains that is not visible during low tide. Supervisor MacManus inquired about the County's exposure to liability with respect to utilizing volunteers. County Attorney Stroman offered to consult with the County's insurance consultant, and verify that the County's coverage addresses liability issues associated with volunteers performing debris clean up at Burwell's Bay. a~ Responsive to Chairman .Clark, County Attorney Stroman offered to report-back to the Board at its July 1, 2004 meeting regarding the status of the proposed increase in peddler license fees to bring the County in line with the Town of Smithfield. Chairman Clark informed the Board that he had received. a request from Mr. Fulgham, whose family operated a ferry service in the County .many years ago, to name the Rescue Bridge the- "Fulgham" Bridge. He further advised of Mr. Fulgham's desire to have involvement in the naming of a building at any new work center or addition to the Paul D. Camp Community College. He directed Mr. Hartley to contact John Edwards who could provide him with. a contact number for Mr. Fulgham, who now resides in Wilson, North Carolina, Mr. Hartley offered to bring back to the Board the process through which bridges. are. named. } y Chairman Clark called for New Business. ' I County Administrator Caskey presented a proposed contract for the Central County Park improvements for the Board's consideration. Supervisor MacManus moved that the Board authorize the Chairman to execute . a contract with W. P. Taylor & Company on behalf of the County, subject to the review and approval of the County Attorney. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Clark and Wright voting in favor. of the motion; no-Supervisors voting against the motion; ..and, .Supervisor Bradshaw absent from the meeting. County Administrator Caskey .noted a meeting of the .Intergovernmental. Relations .Committee will. be held on Monday, June 21, 2004 at 5:00 p.m. in the Board Room. /! 1 n 1S 90Q~ !.~ !N~:433 County Attorney Stroman requested a closed meeting to discuss a probable litigation item regarding the advice of counsel and briefings by staff concerning an illegal dumping matter in the Hardy District under Section 2.2- 3711.A.7 of the Freedom of Information Act. Supervisor MacManus moved the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (4-U) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent from the meeting. Chairman Clark left the closed meeting prior to any substantive discussion of the issue, citing a possible conflict of interest. Supervisor MacManus moved the Board return to open session.. The motion was adopted by a vote of (3-0) with Supervisors MacManus, Bradby, and Wright voting in favor of the motion; no Supervisors voting against the motion; Supervisor Bradshaw absent from .the meeting; and, Chairman .Clark abstaining from voting. Supervisor Wright moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors -that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters .lawfully. exempted from open .meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby and Wright NAYS: 0 ABSTENTIONS: Clark 16 eoaN 22 rh~434 ABSENT DURING VOTE: 1 ABSENT DURING MEETING: 1 // Joel Acree of Longview Lane addressed the Boazd regarding budget y~ shortfalls. He spoke in favor of the Board fully funding the School Boazd's f budget to allow his child, who has special needs, to be placed in regulaz classrooms so that he can obtain exposure and mentoring from his peers. He .further thanked the Board for its financial. support of~the Carrollton Volunteer Fire Department. Michael Uzzell of Central Hill Road addressed the .Board. regarding problems he is experiencing with the staff at Smithfield High School. He noted that his son attends a special needs class and he has witnessed students not receiving proper attention and being treated unfairly. He noted that some of the teachers do not have adequate school .materials. He recommended that the Board investigate the school system before allocating any funding. Chairman .Clark noted that the State code only allows the Board of Supervisors to provide funding to the School Board, and he suggested that Mr. Uzzell address the School Board about his concerns and. report back to the Board. // 11 At 9:40 p.m., Supervisor Bradby moved the Boazd adjourn its meeting. The motion was adopted unanimously (4-0). ~~- Stan D. Clark, Chairman ii