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05-04-2006 Regular MeetingeooK 24 ~~_~ 45 REGULAR MEETING OF THE-ISLE OF WIGHT COUNTY'BOARD OF SUPERVISORS HELD THE FOURTH DAY OF MAY IN THE YEAR .TWO THOUSAND AND SIX PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman (Arrived at 4:55 p.m.) James B. Brown, Jr. Thomas R. Ivy. Phillip A. Bradshaw Also Attending: Jacob P. Stroman, IU, County Attorney W. Douglas Casket', County Administrator E. Wayne Rountree,. P.E., Assistant- County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 4:00 p.m. J/ 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: Under .Special Presentation, add Item (D), the introduction of the new Information Technology Director, Neil McNeely; add a Parks and Recreation Report as Number l0. on the agenda for presentation of a Board Report entitled "Bike and Pedestrian. Facilities Master Plan Contract" with the rest of the reports renumbered accordingly; under Public. Utilities Report, add an Item (B) concerning the. inclusion of the City of Franklin .and Southampton County into the Hampton Roads Sanitation District;. under Old .Business, add a Board Report entitled "Request to Rescind- the County's Open Burning Ban"; and, under the C osed Meeting, add six (6) additional matters for a total of twelve (12) items. Supervisor Bradshaw moved that the Board approve the agenda, as amended. The motion .was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Ivy. and Wright voting in favor of the motion;. no Supervisors voting against .the motion; and, Supervisor Clazk absent for: the vote. 1 i eooK 24 r~r.¢ 46 ii Chairman Wright called for Special Presentations, Chairman Wright formally presented a Resolution of Appreciation to Mrs. Betty E. Hanlon for designing the Isle of Wight County seal and licensing it to the County, which was previously- adopted by the Board at its April l 8, 2006 meeting. Steve Wampler, Warnpler-Eanes Appraisal Group, LTD, briefed the Board on the .results of the recent reassessment efforts. He advised that appeal hearings by the. Board of Assessors are. scheduled for May 22, 2006. through June 7, 2006. He advised that the Hardy. District experienced a 37.36% increase; the Newport District .experienced a 47.9% increase; the Windsor District experienced a 24.39% increase; the Town of Smithfield experienced a 46.58% increase; and, the Town of Windsor experienced a 41.02% increase, for a total of 41.68% total taxable increase, Steve Jenkins, Finance Director, Isle of Wight County Public Schools, provided apower-point presentation relative to the electric usage problem .which exists at the Smithfield Middle School He advised that .the Superintendent is currently seeking the recommendation of an energy consultant relative to evhat-needs to be done with respect to energy use problems associated with the various schools in the County, and what type of actions the school system .needs to take in order to conserve energy. He advised operational costs are more expensive with newer buildings because ventilation standards are greater today than in the. past. He further advised that the kitchen and the old auditorium are tied into the middle school and. there. is additional- lighting which places a .higher demand on heating and cooling. He .noted that there: is also additional technology at the middle school whichproduces additional heat. Peter .Andrea, Project Consultant, advised that there are different requirements today. for new school facilities with respect to fresh air flow which are aimed at .reducing sick children. He advised that the current system -was set by the. design engineers' standards and is operating properly at this time. Mr. Jenkins informed the Board that Dominion Virginia Power recently billed the school administration incorrectly for exterior lighting due to the. consolidation of certain County. accounts. He noted that he had paid the exterior. lighting casts. incurred.. by the County for a period of three (3) months; however, for the last three (3}.months, the County has been billed for exterior lighting costs associated with the school administration. He stated that school staff is current working with the C©unty's Department of Public Works in an effort to resolve the matter. He stated it appears that Dominion Virginia Power owes the school administration .approximately $6,504 through the. end of the year. r ~ 2 1 1 1 1 1 90nK ~~ ywr- ~~ Supervisor Bradshaw informed Mr. Jenkins that a program was developed in the Capital Budget by staff, Dr. Venter. and Mr, Littlefield relative to replacing the HVAC systems throughout the school facilities in the County.. He inquired if this project would be stopped until the energy consultant does an evaluation. Mr. Jenkins offered to coordinate the project with the energy consultant. County Administrator Casket' formally introduced Neil McNeely, the County's new Information Technology Director, to the Board. // Chairman Wright indicated the Consent Agenda included the following items: A. CASA Program Enhancement Funding Resolution to Authorize the Submission of an Application and to Accept and Appropriate .Funds Received from the. Commonwealth of Virginia Department of Criminal 'Justice Services B. USDA Summer Food Service Grant Program Resolution to Submit an Application for U.S.D.A. Summer Food Service Grant Program Funds and to Accept and Appropriate Grant Funds C. 2Q05 State Homeland Security Grant Program Resolution to Accept and Appropriate .Funds from Virginia Department of Emergency Management for the Slate Homeland Security Grant Program D. Acceptance and Appropriation of Funds -Section- 8 Housing Department Resolution to Accept and Appropriate Family Self-Sufficiency Program Funds for the Section 8 Housing Department E. Student Count -.Isle of Wight County Schools F. Status Report -School Appropriation by Category G. DEQ/Public Notices Dated April. 3, 2006 and April 17,..2006 3 BOn~K ~~ %:^.~ 48 H. Appropriation of Community Development Block Grant. (CDBG) Program ' Income: for Use under the- Booker T. Estates Comprehensive Community Development Project .Resolution to Appropriate CDBG Program Income .Funds for Various Booker T. Estates CDBG Project Expenditures I. Delinquent Real Estate Tax Collection Monthly.Report J. April 6, 2006. Regular Meeting Minutes . Supervisor .Ivy moved that the Board adopt the items on the Consent Agenda. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Ivy. and Wright voting in favor of the: motion; no Supervisors voting against- the motion; and, Supervisoc Clark absent for the vote. // .Chairman Wright called for Regional Reports. Supervisor Bradshaw .advised that .the Franklin and Southampton Economic Alliance was admitted to the Hampton Roads Economic Development Al lance at its last. meeting. Supervisor Bradshaw advised that there will be a VACo meeting in two (2) weeks in Williamsburg.. He noted that Steering Committee meetings will be held. on Friday afternoon;. a leadership workshop seminar will be held on ..Saturday; and, the Board of Directors meeting will be held on Sunday. Donald M. Long, Director of Public Wbrks, reported that at the. most recent Southeastern Public Service Authority. meeting, discussion was held on potential future locations for the landfill when. the Suffolk landfill is-full. He stated .Cell (4) is anticipated to be full by ,June, 2006, which leaves Cell (5) and Cell (6). He stated there was discussion on Holland Enterprises and the .possibility of anti-trust violations- for SPSA should it enter into a contract. with them. He reported that the SPSA_ budget was approved and a tipping fee. of $57 per ton was adopted, He ,advised that SPSA voted to accept construction and demolition debris after Cell (4) in Suffolk is full. He stated that a motion was offered, but was defeated, that the landfill should close on Sundays. 1/ Chairman Wright called for Transportation Matters. 1 1`.~- ao~K. 24 ~~n~ ~49 Sandon S. Rogers, Transportation Alanner, advised that the VDOT quarterly meeting is currently being rescheduled and that he would notify the Board members of the new-date when it is set, He advised that he would be .attending the upcoming. transportation meeting in Virginia Beach on behalf of the County. He indicated that staff has not been advised if VDOT will have any revenue sharing funds this year; however, the County's secondary transportation dollars. have been reduced to $850,000, and could be reduced . further: He noted that regular transportation issues would be included. in the Board's May 18, 2006 agenda, and that he would be contacting the Board members to request if they had any items they wished to be .included in the agenda. Grace Keen of .16419 Benns Church Boulevard addressed the Board relative to her concern about the lack of maintenance at the Benns Church intersection island.. She advised that her previous request to the VDOT Resident Engineer about whether or not VDOT plans to construct a turn .lane at .that intersection has gone unanswered, and that the Beautification Committee desires to beautify that area in anticipation of the 2007 Jamestown celebration. Supervisor Bradshaw moved that Mrs. Keen's .concern be moved to New Business for further discussian upon the .arrival of Supervisor Clark. County Administrator Casket' is to provide the Board with information on the Beautification Committee's review of those corridors to determine if that has been -taken into consideration,. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the-vote. Supervisor Bradshaw notified Mr. Rogers that Robert Rhodes has relayed to him a concern with adrop-off in the culvert located on the southside of Carrsville Highway. He requested that Mr. Rogers. take , appropriate action to resolve this safety concern. - /! Chairman Wright called for Citizen's Comments. Grace. Keen informed. the Board that the Commission on .Aging recently voted to support tax relief efforts for the elderly and handicapped who .have an income of $30,000 or less, and that the threshold for personal property be increased to $200,000, excluding the home and lot. :.Supervisor. Bradshaw moved that the. Board direct staff to review the recommendation, as presented by Grace Keen, on behalf of the Commission on Aging, and that staff return to the Board with. a recommendation on changes in tax relief for the elderly and handicapped. The motion was adopted by a vote of (4-0) .with Supervisors Bradshaw, Brown, Ivy and 5 eooK 24 ~r^F 50 Wright voting iri favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Mrs. Keen advised that. she had received a number of calls .from citizens concerned about he recent departure of Anne Seward, Assistant .County Administrator. She requested. that the Board advise the citizens as to the exact nature of Ms. Seward's departure. She stated Ms. Seward was well- w liked and appreciated by many in the community. Randolph Barlow advised the Board that he had received a number of .calls from the business community who were concerned about the recent departure of Anne Seward. He noted Mso Seward was well-liked and respected by those; in the business community. Herb- DeGroft informed the Board about a conference that he had recently in Washington relative to the Older Americans Act on behalf of the Senior Services of Southeastern Virginia. He stated that the current administration is in favor of passing this legislation without any amendments. He requested that the Board write Senators Allen and. Warner and Congressman Forbes to express the County's support of the reauthorization of the Older Americans Act and request that funding not be reduced from its .current level of $20 million. Supervisor Ivy moved that. the Board direct staff to write a letter on behalf of the Board. to the County's congressional and. senatorial delegation reflecting the. Board's supportfor the Older Americans Act.. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Ivy. and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the. vote. Mr. DeGroft distributed information entitled "Resist 65% Solutions .Fad," and he recommended that the School. Board accept the free offer of the Carrollton Volunteer Fire. Department to conduct a thermal imaging study: of its school facilities. /1 Chairman Wright. called for the County Attorney's report. County Attorney Stroman presented a Direct Service Plan .Service girder between the Commonwealth of Virginia. and Verizon which allows the County to take. advantage of cost-effective pricing through the Virginia. Information Technologies Agency and "piggyback" on the .underlying agreement. between the Commonwealth and Verizon. He recommended that the Board authorize the Chairman to enter into the Agreement on behalf of the Board. 6 1 1 1 f"` ___~ B~.N ~~ stir ~1 n ~~.: Supervisor :Ivy moved that the Board authorize the Chairman to enter into the Agreement on behalf of the Board. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Ivy and. Wright voting in favor of the motion; no Supervisors voting against the motion; and, .Supervisor Clark absent for the vote. County Attorney Stroman presented an annual agreement between the Virginia Department of Health and the Isle. of Wight County Board of .Supervisors which addresses cost sharing .between the Commonwealth and the County for the local .Health. Department. He recommended that the Board authorize the County Administrator to enter into the Agreement on behalf of the Board. Supervisor Bradshaw moved that the Board authorize the County Administrator to enter into the Agreement- on behalf of the Board. The motion was. adopted by a vote of (4-0) with Supervisors Bradshaw, Brown, Ivy and Wright voting in favor-of the motion; no Supervisors voting against. the motion; and, Supervisor Clark absent for the vote. County Attorney Stroman presented an Agreement to Provide Cost i Allocation Services between the County and MAXIMUS, Inc. which will -allow MAXIMUS to develop a central services cost allocation ,plan to ~ identify the various costs incurred: by the ,County. to support _and administer federal and state programs in order to obtain proper reimbursements.. He recommended that the Board authorize the Chairman to execute the .Agreement on behalf of the Board. Supervisar Ivy moved that the Board authorize the Chairman to execute the Agreement on behalf of the Board. The motion was adopted by a vote of ~ (4-0) with Supervisors Bradshaw, Brown, Ivy and Wright voting. in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. County Attorney Stroman, pursuant to the Board's previous direction,. .presented a proposed revised Litter Ordinance which addresses the unlawful .disposal of litter on the highway, load coverings, and other issues prevously_ raised by the Board. He advised that he had reorganized Chapter 8 in its entirety into a more user-friendly format. He stated if the Board is satisfied with the .language of the proposed Ordinance, the next step is to authorize him to advertise it for public hearing by the Board at .its May I8, 2006 meeting. Supervisor Bradshaw moved that the Board direct the County Attorney to advertise the Ordinance. for public hearing by the Board at its May 1$ 2006 meeting... The motion was adopted by a vote of (4-0).with Supervisors Bradshaw, Brown, Ivy and Wright... voting in favor of the motion;. no Supervisors voting against the motion;. and, Supervisor Clark absent for the vote.. 7 i eaoK: 24 ~ = 52 County Attorney Stroman presented a Declaration of Restrictions pertaining to Lawnes Point oa the James development for the Board's feedback prior to finalazat%on and. submittal to the developer. for implementation. He noted that as part of the County's proffers, the developer was required to submit a set of covenants .and restrictions acceptable to the County. Chairman Wright inquired if the sanitation system for that development had been approved, County Attorney Stroman replied that the sanitation system has not yet been: approved, and that approval of the Covenants and Restrictions does not authorize the selling of lots, which is driven by the approval of the final plat. He advised that the final plat .has not yet been approved, and that the permit for the waste system is m the comment period. Supervisor Clark arrived at the meeting. County Attorney Stroman presented a proposed agreement between the County and Hansen's Spectacular Circus .Thrill Show which allows for the performance of circus. acts during this year's County Fair. He recommended that the. Board authorize the County Administrator to execute it on behalf of the Board. ..Supervisor Bradshaw moved that the Board authorize the County Administrator to execute the Agreement on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion. and no Supervisors voting against the motion.. County Attorney .Stroman presented two (2) agreements between the County and .White Directory Publishers which provide for the even trading of advert%sing space between The Talking Phonebook and the County Fairgrounds. and Nike Skate Park. He recommended thatthe Board authorize the County Administrator to execute the Agreements and requisite .order forms on behalf of the Board. Supervisor Ivy moved the Board authorize the County Administrator to execute .the two (2) Agreements and requisite order forms on behalf of the Board. The motion was .adopted by a .vote of (5-0} with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. County Attorney Stroman presented a Pump and Haul Agreement for Chuck-A-Muck's. Restaurant which he recommends that the Board .authorize the Chairman to enter into on behalf of the Board. He stated that the Department of Health has performed a preliminary review and,. while it 8 i _,. , 1 1 II Boor. 24 IMF 53 would be requesting that Mr. Lawrence make certain modifications in his design, he did not feel there was any reason for the ..Board to delay authorizing the execution of the Pump and .Haul Agreement. He further. advised that he has received word that the required bond .has been issued; however, he .does not have the bond in hand, and he would recommend that the Agreement not be released until -the bond is in hand. Supervisor Clark moved that the Board authorize the Chairman o enter into the Agreement on behalf of the County, as conditioned by the County Attorney that the Agreement not be released .until the bond has been received. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. . County Attorney Stroman made reference to a copy .that. he had provided to the Board members concerning-the recent legal decision by the Virginia Supreme Court in Eagle Harbor, LLC v. Isle of Wight County. County Attorney Stroman advised that he had distributed Isle of Wight County Codes to the Board members prior to the meeting. He offered his staff s assistance in updating. the. members' respective code books. County Attorney Stroman indicated the remainder of his. items were for discussion with the Board during the closed meeting. Supervisor- Bradshaw moved that the Board discuss at this point, in the .:agenda- the concern expressed by Grace Keen under Citizens' Comments relative to the traffic island at Benns Church Boulevard which had been moved to 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. Grace Keen reiterated her concern about the unkempt appearance. of the. shrubs. and the presence of litter at the Benns Church intersection, particularly within the island. area. .She recommended that VDOT , be contacted and requested to address.. the appearance of this area... She noted that: the Beautification Committee would like to proceed with its beautification program for next year at all entranceways into the County. .Supervisor Clark requested staff to advise the VDOT Resident Engineer that he should be prepared to further address Grace Keen's concern .under Citizens Comments at the Board's May 18, 2006 meeting.. Responding to Supervisor Bradshaw relative to removal of the litter. in the interim, County .Administrator Casket' advised- that the Director of Public Works would address any litter removal in the morning. 9 w 4 S`,/ ~ - eoeK 24 ~n~~ 54 Mrs. Keen publicly thanked Donald Long and Marvin Pulley for their assistance in delivering 360 Crape Myrtle trees to the various school facilities in the County for the Plant-a-Tree for a Child Program. H .Chairman Wright called for the Public Utilities .report.. Assistant County Administrator Rountree .briefed the Board relative to the Camptown Development Service District well .permit which is currently scheduled to expire on November 1, 2007 unless .the County had made reasonable- progress on its construction. He stated- that the first phase of the project involves a Preliminary Engineering Report to determine feasibility, cost and a timetable:: on developing that .particular water system. He stated that included in the agenda is a copy of the engineer's revised estimate and a tentative three-year schedule. .Supervisor Bradshaw recalled that the County had recently received a letter from the City of Franklin advising that it would continue to charge the County residential rates for-bulk water, and that the County would not be allowed any additional water capacity in that area. He stated -that he believed -that in the near future: the County's water capacity would be exhausted based on International Paper's sale of the sawmill and the impact of the new owner. Supervisor Bradshaw moved that the Board authorize the preparation of a Preliminary .Engineering Report, design and construction of a well system and associated treatment system for the Camptown Development Service District, as presented by staff... The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Assistant County. Administrator Rountree. stated the .funding will be found in the existing budgetalthough staff may have to make some funding adjustments in the Capital Budget next year after the implementation of the Preliminary Engineering Report. Chairman Wright requested Assistant County Administrator Rountree advise: the Department of Environmental Quality that the County is proceeding with construction of the well system for the Camptown Development Service District.. County Administrator Caskey distributed copies of a draft joint letter addressed to Donnie R. Wheeler, General Manager, Hampton, Roads Sanitation District, dated April 17, 2006 from Rowland L. Taylor, Franklin City Manager; Michael W. Johnson, Southampton County Administrator; W. Douglas Caskey, Isle of Wight County Administrator; and, R. Stephen Herbert, Suffolk City Manager regarding those localities.' interest in working .. 1 1 1 eo~K ~4 ;Nsc 55 with HRSD to study the potential for HRSD providing wastewater treatment on a regional basis to those. communities. Supervisor Clark moved that the Board .authorize the County Administrator to sign the letter. 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 publicly thanked Assistant County Administrator Rountree and his staff members for their time. devoted to this project over the years. // Chairman Wright called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, distributed copies. of .the Emergency Operations Plan. and provided an update oit the various preparedness projects for the upcoming season.. He advised that staff had forwarded letters to the various gas station owners located- in the County offering assistance to them. in preparation of their remaining open during disasters. He .stated that the. responses received thus far have not been .favorable, but that. staff would continue to follow up on this matter. He further advised that staff had recently run newspaper ads requesting citizens assist with volunteer efforts in their community.. He stated the results of those advertisement campaigns. were also .poor. He advised. that there were two (2) .breakfasts. held .last week in Smithfield and Windsor to solicit community and faith-based organizations to assist in post-disaster efforts. He stated. that while attendance at these breakfasts was less than hoped' for, those who attended were eager to help, and they will be contacting. his office to begin efforts in this regard. Mr. Childress presented laminated surge maps prepared by the. Information Technology Department illustrating where the various storm categories would send water during a hurricane. He stated. that the maps have also been provided to the Towns of Smithfield and Windsor, the various library facilities, and the Courthouse. complex,. and that he would be distributing them at the upcoming Fire and. Rescue Association meeting. He stated the maps are also available on-line on the .Emergency Management web. page. He stated that the regional Hazard Mitigation Grant Program, defines projects that may help make the County more prepared, has received conditional approval from the Virginia Department of Emergency Management for the plan to be forwarded to the Federal Emergency Management Agency (FEMA). He stated upon FEMA's .conditional approval,. staff will return to the Board for its consideration before being sent for final approval by FEMA. 11 1 9QnM `~4 ra'"~ .rJ~ Supervisor Clazk ..requested that Mr. ~ Childress provide Emergency Operation Plan manuals.. free of charge to General Aazon Lilly and Thomas Finderson for. their individual use.. Mr, Childress. stated responsive to the Boazd's .request. at its April 6, 2006 meeting, staff has developed a handout similar to the pocket guides distributed. by Fairfax and Arlington Counties relative to a checklist of items specific to the. County that citizens could have on-hand for the first 72 hours following a disaster.. He requested that the Board direct staff to proceed with the production of a County pocket guide at a cost of approximately $12,300. Supervisor Ivy. moved.. that the Board direct staff to proceed with the production of a County pocket guide at a cost of approximately $12,300 in time for hurricane season, so that they can be distributed at public places and meetings and the Courthouse for citizens' use, to include local information and emergency contacts. The funds are to be taken from the unappropriated fund balance. The motion was adopted by a vote of (5-0) with: Supervisors Bradshaw, Brown; Clark,. Ivy and Wright voting in favor of the motion and. no Supervisors voting against the motion, ~~ Chairman Wright called for the Parks and. Recreation Report. Alan S, Nogiec, Director of Parks and Recreation, presented a Pedestrian and. Bicycle Facilities Master Plan contract for the Board's consideration. Supervisor Clark moved that the Board adopt the following Resolution Allocating $34,895 and authorize the Chairman. to sign the contract on behalf of the Board: r RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR PROFESSIONAL ~ SERVICES FOR A PEDESTRIAN AND BICYCLE FACILITIES MASTER PLAN. .WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has determined that it is appropriate to prepare a pedestrian and bicycle facilities master plan:: and, WHEREAS, funds in the amount of thirty-four thousand eight hundred. ninety-five dollars ($34,895) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2005-Ob ..Operating Budget.. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle. of Wight, Virginia. that thirty-four thousand eight 12 1 1 I 1 1 1 saeK 24 : ~~ 57 .hundred. ninety-five ($34,895) dollars from the Unappropriated Fund Balance of the- General Fund be appropriated to the FY 2005-06 Operating Budget. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is .authorized `to make. the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion .and n© Supervisors voting against the motion. Supervisor Clark requested that Leah Dempsey, Chair of the Isle of Wight County Bicycle and Pedestrian Facilities. Committee, be present at the. Board's May l8, 2006 meeting to brief the Board on the Bike/Walk Virginia Conference. which was held on April 30 and May 1, 2006 in Lynchburg, Virginia.. // .Chairman Wright called for the County Administrator's report. County Administrator' Caskey presented a Juvenile Accountability Block Grant program for FY 07' prepared by staff which provides counseling ° services to address anger management/restoratve justice issues and substance abuse issues for .youth offenders identified by the local court system. He advised that the grant has afour-year cycle and. is dependent on the availability. of federal funding. He further advised that a local cash match of $40,387 is required.. Supervisor Bradshaw moved that the Board adopt the following 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 to the FY 06-07 Operating Budget: 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 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the .development and submission of an .application for the Juvenile Accountability Black Grant to the Commonwealth of Virginia' Department of Criminal Justice Services; and, 13 .~ <<<, + _~9~~ 24 ~ T~ 58 WHEREAS, funds in the amount of nine thousand nine .hundred sixteen. dollars ($9,916} or so much as shall be received needs to be accepted and appropriated to the appropriate line items in the FY 2006- 07 Operating Budget of the County ofTsle 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 nine thousand nine hundred sixteen dollars ($9,916) or so- much. as shall be received be accepted .and appropriated to the appropriate .line item in the FY 2006-07 Operating 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 Casket'. presented an application for grant funds for a Court Appointed Special. Advocate (CASA) Program which was prepared by staff to request grant funding to continue the CASA Program for FY 2006-0? in the amount of $21,200. He advised that there is a $5,300 cash match required for this grant.. Supervisor Clark moved that the Board adopt the following 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:. RESOLUTION.TO AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION :AND TO ACCEPT AND APPROPRIATE FUNDS RECELVED FROM THE COMMONWEALTH OF,VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of .Isle of Wight, Virginia has approved he .development and.. submission of an application for the Court Appointed Special Advocate (CASA) Program t to -the Commonwealth of Virginia Department of Criminal Justice Services; and, WHEREAS, funds in the amount of fifteen thousand nine hundred dollars ($15,900) or so much as shall be ~ :received from the Virginia .Department of Criminal Justice Services, need to be accepted and 14 _.e_ _ _ tooK 24 ~~~~ 59 appropriated to .the. appropriate dine items in the FY 2006-2007 1 1 1 .Operating Budget of the County of Isle of Wight,. Virginia. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that. fifteen thousand nine hundred dollars ($15,900) or so much. as shall be received be accepted and appropriated to the appropriate line item in the FY 2006-2007 Operating 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. F County Administrator Caskey requested that the .Board begin to give. ..consideration to recommending five (5) members from each election district to serve on the Board of Equalization as part of the County's 2006 reassessment process. He further recommended that the Board authorize a compensation. rate for the Board of Equalization of $100 per day plus mileage reimbursement at the County's established rate. ., Supervisor Bradshaw moved that the Board authorize a compensation rate of $100 per day, .plus mileage reimbursement at the County's established rate.. 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 Harold Blythe, representing the Carrsville District, be recommended to .the Circuit .Court to serve on the Board of Equalization.. The. motion was. adopted by a v©te of (5-4) 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 Harry Cassell,, Sr., representing the Newport District, be recommended to the: Circuit Court to serve on the Board- of Equalization. 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 nv Supervisors voting against the motion. Supervisor Wright moved that. Rebecca .Rose Gwaltney, .representing the- Windsor District, be recommended to .the Circuit. Court to serve on the Board of Equalization. The motion was adopted by a vote. of (5-0) with ` 15 suoK 24 Y~. 60 Supervisors. Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the. motion, and no Supervisors voting againstthe motion. f! Chairman Wright called for Appointments. .Supervisor-Bradshaw. moved that the Board reappoint Stan D. Clark as the Executive Committee representative on the Hampton Roads Planning District Commission.. The motion was adopted by a cote of (5-0) with Supervisors Bradshaw, Brown, Clark, :Ivy .and Wright voting in favor of the .emotion, and no Supervisors voting against the motion. Supervisor Wright moved that the Board appoint Jeanne Kelly. to represent the Windsor District on the Social..Services Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in-favor of the motion, and no Supervisors voting against the motion. Supervisor Brown moved that the Board reappoint Pete Farmer to represent the Hardy .District on the Commission on Aging.. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion,. and no Supervisors voting against the motion. :Supervisor Brown moved. that the Board reappoint Delvin Brown to represent the Hardy District on the Isle of Wight Substance Abuse Advisory Council. 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 Bradshaw moved that the Board reappoint Panice Clark representing the Newport District on the Social. Services 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. /f Chairman Wright moved that 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. Supervisor Bradshaw moved that the Board return to open session. -..The motion was- adopted by a vote of (5-4) with Supervisors Bradshaw, Brown, .Clark, Ivy and Wright voting in favor of the motion, and no Supervisors- voting against the motion. y _ 16 i~ 1 1 _ - - - r eneK 24 ~~r 6~ u Chairman Wright called for Old Business.. Chairman .Wright, Supervisors Bradshaw and Ivy and County Administrator Caskey reported on their recent trip to England. Chairman Wright called for discussion on the proposed Budget of the County of Isle of Wight for Fiscal Year July 1, 2006 through June. 30, 2007. County Administrator Caskey directed the Board's attention to a letter placed at their seats prior to the meeting .addressed to Liesl R. DeVary, the County's Director of Budget and .Finance, from Steve Jenkins, Director of Finance for the .school .administration advising of the School Board's ...response to the County's budget recommendation. Supervisor. Ivy reported on a .joint meeting. that was. held between County staff and school administration personnel to identify potential savings in the school administration's requested local funding amount of $25,386,720. He advised that an excess in reserve. funds in the. amount of $1,083,933 was identified in the school administration's requested funding, and he noted that should the Board desire to decrease the school. administration's reserve amounts, it must stand. ready to replenish those. categories immediately, as needed. He stated that the .School .Board: wants some assurance that the County is willing to replenish those categories.. Chairman Wright offered his assurance that the Board would be willing to replenish those categories as needed. Supervisor Ivy stated responsive to his recommendation to fund the school portion from local funds in the amount of $25,215,367, the Superintendent of Schools has agreed to incorporate the school teachers' pay raises on a different time table. Supervisor Ivy .offered a motion to fund the school portion from local funds in the amount of $25,215,362 Supervisor Bradshaw stated that he could. not support. Supervisor Ivy's motion because doing so would equate to a $.10 increase in the tax rate. He recommended that the School Board put in writing that it supports a tax rate increase in order to fund its requested budget. He stated that the Board should not hold its citizens accountable for this type of tax increase. He stated that he is an advocate of providing tax relief to the elderly and disabled because these individuals are going to be taxed out. of their homes. He stated that he is also in favor of implementing atwo-year budget versus aone-year budget. 17 e 80~K ~.4 '" ~~ Supervisor Clark inquired how the School Superintendent intends to implement teachers' pay increases if implemented in a two-step phase. Dr. Michael McPherson, `School Superintendent, advised' that consideration is being given to providing teachers an initial 4% increase with an additional raise in November,. 2006. Supervisor Clark requested assurance fronn Dr. McPherson that if the Board approves the. amount of funding recommended by Supervisor Ivy in the amount of .$25,215,367, that the teachers will receive an initial 4% increase. and an additional increase in November, 2006, Dr. McPherson committed to implementing an initial 4% -pay increase for teachers effective July, 2006,. with an'additional increase being provided to the teachers in November,. 2006 if the Board agreed to fund the School '.Board budget in the requested local funding amount of $25,215,367. Chairman Wright noted .grave concerns with the citizens of the County having to devote. 71 % of their budget to any single item. He stated that Deputy Sheriffs' salaries are just above the poverty level, and the County is in need of providing fire and rescue services in the County. He stated that the County. has well-.qualified teachers, and he does not believe the County should compete with the Cities of Norfolk and Virginia Beach with respect to pay levels. Supervisor Brown noted that colleges are raising tuition rates and eliminating remediation programs, and the County's students are competing against students who reside in the Cities of Norfolk and Portsmouth for acceptance. into these same colleges. He noted that the Board does need to be mindful of the other entities such as f re and rescue .because these. services are also greatly needed in the County. County Attorney Stroman, in response to Chairman Wright, advised that the Board ..that it traditionally adopts its budget at its first meeting in May, -and there is some time sensitivity in adopting the school funding portion of the budget while the remainder of the budget can be :adopted as late as June 30, 2006. Supervisor Clark stated that he has a renewed. level of confidence that the budget information from the school administration is accurate. He further stated that staff is monitoring the figures .being provided by the school administration, and any waste is being eliminated. He recommended deferring same of the capital costs. ..Supervisor Bradshaw stated his primary concern was with raising the tax rate and jeopardizing the livelihood of citizens on fixed incomes. 18 1 1 9oA~ 2~4:~~~ 63 Dr. Michael McPherson, :Superintendent of Isle of Wight .County Public Schools, advised that the school administration has no control over certain increases, such as VRS rates and health insurance, which equate to over $1 million in this proposed budget. Supervisor Bradshaw recommended that if the School Board is in favor of a $.15 -tax increase,. that it should so state in writing to the Board. Supervisor Clark agreed that it would be helpful to the Board when it holds its public hearing on the School Board budget that. those in support. of the proposed school budget acknowledge that they would be in favor of a tax .increase in order to fund the budget. He noted' that he would like .for the School. Board to publicly announce that it would agree with the County's taxes being raised in order to support the increased school budget. Supervisor Ivy withdrew his previous motion. to .fund the school portion. from. local funds in the amount- of $25,215,367 .and moved to .adopt the entire-school budget in the amount of $57,318,847. The motion was adopted by a vote of (4-1) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion, and .Supervisor Bradshaw voting against the motion.. ' Supervisor. Bradshaw offered a motion to approve the remainder of the Operating and Capital Budget as presented with the exception of the schools. Chairman Wright noted that he is a strong supporter of _ law enforcement, and that the deputies are still. in need of a salary increase. 1 { Supervisor Clark stated that he intends to address the Board again next year relative to an increase for the deputies. Sheriff Phelps advised that the deputies are. still at the bottom of-the pay scale; however, because of the $5,000 raise for all unformedpersonnel within the Sheriff's Office that the Board provided earlier this year, the morale- within his Department is up. He stated deputies are sitting side-by- side with officers from other localities who are being trained. in .the same.- fashion; however, their salaries are still far less. He stated that he is in favor of developing a strategic plan outlining what it will take in the future to provide adequate law enforcement coverage to citizens of the County. He stated between the Law Enforcement Committee. of the Board, his efforts,.. and the strategic plan, that the future needs of law enforcement in the County. will be addressed. He advised that Compensation. Board deputies will be eligible to receive a 4% raise in .December, 2006, and that raise, in conjunction with additional funding from the Board next fiscal year, will help raise salaries to where they need to be. Supervisor Bradshaw withdrew his above motion. to approve the remainder of the budget as presented-with the exception of the schools and 19 t O - moved to directstaff to come back with a recommendation on the remainder. of the budget with the tax increase at the Board's May 18, 2006 meeting, and include a .proposal for a tax credit for the elderly and disabled. 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 commented that he did not want .the County portion. of the budget to be penalized because of the amopnt of funding that was approved for the School Budget. Supervisor Clark. recommended deferring capital funds. Supervisor Bradshaw informed the Director of Budget and Finance that information had been provided from VACo that the .County will have to provide funding upfront for the Comprehensive Services Act because of the budget impasse. County Administrator Caskey presented a request from Tom Smith, Director of the Division of Natural Heritage, Department of Conservation and Recreation, to rescind the County's temporary open burning ban because of the hardship-the ban. places on his department. Supervisor.Ivy commented that timber managers are in need to burn at this time. Chairman Wright moved that the Board deny the request. The motion was adopted by a vote of (3-2} with Supervisors Brown, Clark and Wright. voting in favor of the motion, and Supervisors Bradshaw and Ivy voting against the. motion. // Chairman Wright called forNew Business. Patrick J. Small., Director of Economic Development, presented a billboard contract with Mr. and Mrs. Blount at Blounts Corner Road for the Board's consideration. Supervisor Clark moved that the Board authorize the Chairman to sign the billboard contract with Mr. Blount. The motion was adopted. by a vote of (5-0) with Supervisors- Bradshaw, Brown, Clark, Ivg and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved .that staff be directed to take the funds ..associated with .the Blount billboard contract from the contingency fund balance. The motion was adopted by a vote of (5-0) with Supervisors 20 4 r--, ~I 1 eoeK 24 ~~~~ 65 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 direct the Director of Public Works to pay the tipping fees associated wish the TJVindsor Ruritan Pig Pickin. The. motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,. Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board direct staff to review the letter received from the Paul D. Camp Foundation for funding and return to the Board with .its recommendation. 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 moton.- // County Attorney Stroman requested a closed meeting pursuant to Section 2.2-3711.A.1 to discuss a personnel matter; under Section 2.2- 3711.A.7 to receive legal advice from the County Attorney in connection with the Voting Rights Act; under Section 2.2-3711.A.7 to receive legal and.: to consider the investment of .public funds in connection with ambulance services; under Section 2.2-3711.A.3 to consider the acquisition of real estate far a public purpose; under Section 2.2-371 I.A.7 to receive legal advice in connection with the interpretation. with the County's ordinances governing -the. securing of permits prior to receiving a final subdivision plat; pursuant to Section 2.2-371I.A.1 to discuss a personnel matter; under Section 2.2- 3711.A.3 to consider the acquisition of private property for a public purpose; under Section 2.2-3711.A.7 to receive legal advice in connection with actual litigation. involving the Tidewater/Franklin Inn; under- Section 2.2-3711.A.7 to receive legal advice concerning a boundary adjustment between the County of Isle of Wight and the-Town of Smithfield; under Section 2.2- 3711.A.7 to receive legal advice in connection with a discussion .with the Town of Windsor concerning proffers; and, under- Section 2.2-3711.A.1 to discuss a personnel issue.. Supervisor Clark moved that the Board enter the closed meeting for the reasons 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 Bradshaw moved that the .Board.. return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. .Supervisor Ivy moved that -the Board adopt the following Resolution: 21 i .;r e _.... BUSK ~~ ?~+„^,.F UU 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: Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE; 0 ABSENT DURING MEETING: Brown // Supervisor .Clark moved that the. Board authorize staff to .proceed with the purchase of property as discussed in closed .meeting with the funds to come from the Economic Development Open Space Fund. The motion was adopted. by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,. Ivy and Wright voting in favar of the motion, and no Supervisors voting against the motion. Supervisor Ivy moved .that the Board be authorized to enter into an emergency services agreement with the City ~f Franklin. The motion was adopted°by a vote of (5-4) 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 accept the Memorandum of Understanding with .the Town of Windsor, and authorize the Chairman to sign.. the letter and forward it to the Mayor of Windsor. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and 22 1 II ~'1 80~rc 24 ~„^~ 6~ Wright voting in favor of the motion, and no Supervisors voting against the motion. /l At 9:05 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. Thee 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. ~' f 1 i a jj i .. - yt