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06-01-2006 Regular Meetinga sonK 24 _ra~~ 90 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF JUNE IN THE YEAR TWO THOUSAND AND SIX PRESENT: . Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. (Arrived at 4:20 p.m.) Thomas R, Ivy Phillip A. Bradshaw (Arrived at 5:55. p.m.) Also Attending: Jacob P. Stroman, IV County Attorney (Arrived at 4:05 p.m.) Mark Popovich, Assistant 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:OO p.m. // Supervisor Clark delivered the invocation. /! .The Pledge of Allegiance was conducted. fi' Chairman Wright called for approval of the agenda.. Assistant.. County Attorney Popovich requested that the following amendments be made to the agenda: Under Special Presentations, Item (B) will become a report concerning the .Southeastern Virginia Public Service Authority landfill closeout, and the report on a possible flu pandemic should '.become. Item (C); under the County- Administrator's report, add an item pertaining to an announcement by the City of Suffolk regarding the lifting of a recent voluntary water conservation requirement; under Old Business, add an- item pertaining to Tyler's Beach Boat Harbor; and, under the .Closed Meeting, add three (3) personnel matters. Supervisor Clark moved that the Board approve .the agenda, as amended. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisors Bradshaw and Brown absent-for the vote. U 1 I~ 1 II ao~M 2~ :~~.. 91 Chairman Wright called for Special Presentations. Stephie Broadwafer, Chairman, Isle. of Wight United Way, presented the Board with United Way's Award of Excellence, an award which is given to municipalities who have exceeded their campaign goal and exceeded the goal of the amount raised the: previous year.: She advised that. County employees raised $10,201, against a goal of $6,538 fora 56% increase, which represented a 62% increase over last year's dollars raised which were $6,287. She formally .recognized Andrea Clontz, the County's Employee Coordinator, for her hard work and dedication to this effort. She advised that $207,000 was raised overall in the County last year, which represents a 52% increase. over the previous .year. -She advised. that $87,400 was awarded to j nine (9) charities located in the County. Amy. Hardy, Environmental Compliance Coordinator, .Southeastern Public Service Authority (SPSA), briefed .the Board on the status of the closeout of the County's landfill.. She distributed updated copies of current and past activities at the landfill to the Board members. Donald T. Robertson, Director of Information Resources and Legislative Affairs,- provided an overview of the major .issues surrounding avian bird influenza and a possible pandemic. He distributed a video produced by the .Health Department for the Board members' individual perusal. // Chairman Wright indicated the Consent Agenda included the following items: A. FY 2006-07 Special Revenue Fund Budgets Resolution to Amend the Fiscal Year 2006-07 Capital Projects Budget B. Booker T. Estates Cleanup C. Personnel Policy. Amendment Resolution to Amend. the County Personnel Policy (Article III, Section 3.3, Salary Increases) D. DEQ/PUblic Notice dated May 1, 2006 E. Delinquent Real Estate Tax Collection Monthly Report F. May 4, 2006 Regular Meeting Minutes 2 s aoaK 24 ~a~' 92 Supervisor.Ivy moved that the Board adopt the Consent Agenda, as presented. The motion was adopted by a vote of (3-0) with Supervisors Clark, Ivy and. Wright oting in favor of the motion; no Supervisors voting against the motion;.-and, Supervisors Bradshaw and Brown absent for the vote. 11 Chairman Wright called for Regional Reports. Chairman Wright reported that work release efforts were discussed at the most recentmeeting of the Western Tidewater Regional Jail. Chairman Wright reported that he relayed to John Hadfield, Executive Director, Southeastern Public Service Authority (SPSA), that trash needs to . be removed at -the dump site in .Suffolk; that "Adopt a Highway" signs and other beautification efforts should be initiated; and,. that SPSA should .consider hauling trash from within the Commonwealth versus hauling. it from New York. He advised that Mr: Hadfield would be meeting with County Administrator Casket' on June 9, 2006 to discuss how SPSA can improve its:. relationship. with the County, and that he had recommended that SPSA representatives. consider making. presentations to the other various jurisdictions relative to the possibility of SPSA installing compactors for limbs and yard debris to be recycled by SPSA. Supervisor Ivy reported that at the most recent meeting of the Joint. Tourism Committee a .draft Memorandum of Understanding was presented for consideration, and that another meeting is scheduled for Monday, June 5, 200b. Supervisor Ivy reported that the Volunteer Fire and Rescue Association is initiating training classes for its members, He advised that Brian Carroll had informed him that the Isle of Wight Volunteer Rescue Squad was not in agreement with the a-mail received from one (l) of the members. Supervisor Brown arrived at the meeting. Supervisor Brown reported that at the most recent meeting of the Southeastern Public Service Authority _(SPSA) that Chesapeake had made certain claims about .the Camden, North Carolina, landfill. He further reported that the. City. of Portsmouth had discussed the possibility of barging in waste from a company located in New Jersey. He advised that the :City of Chesapeake had presented a proposal for consideration for it to take. only one (1) vote of the participating municipalities to defeat a resolution. He advised- that he had voiced his opinion that it should take a majority, not a unanimous vote. He advised that .the landfill contract expires in 2018, and that the cell being. utilized in Suffolk has almost reached capacity. He stated a new cell 3 I 1 1 SOAK ~~ ;M^r g3 would last. until 2023. He stated what needs to be done in order to secure a site for .the future is at an impasse; however, some sites do exist, and that where are other modes of transportation, such as rail, which will lessen the cost. Chairman Wright indicated that he had asked Ms. Rachel .Morris, Economic Development Manager, to contact Mr. Hadfield relative to "the possibility of putting a green house at the power plant in Portsmouth. // Chairman Wright called for Transportation Matters: Sandon S. Rogers, Transportation Planner, advised that the transportation report would be included in the Board's June' 15, 2006 meeting for discussion. Mr. Rogers advised that VDOT is .anticipated to develop a funding package for submittal to Richmond by June 8, 2006. He stated that the preliminary indication. received from VDOT is that any available funding in the future will be federal. highway money, and that because only certain routes in the County qualify for this type of funding, .the Board should anticipate targeting those eligible projects. He noted that doing so may result in the shifting. of some of the County's priorities. Mr. Rogers advised that the Residency is in the process of relocating its office from Suffolk to Waverly, and that he has requested adrop-off site in Smithfield or Windsor for County materials that need to be sent to the VD4T office in Waverly. Mr. Rogers advised that he had contacted the Resident Engineer relative to the 1-800 number for citizens to contact. Mr. Rogers advised that he had received notification from VDOT regarding. the-funding for emergency signals, and that he intends to contact the Director of Emergency. Management to begin to initiate County efforts in this regard. Chairman Wright requested Mr: Rogers contact the Town of Windsor and request their involvement with the. emergency signals, and that he set a meeting with the fire and rescue organizations (to .include Carrollton). Mr. Rogers advised that VDOT is turning all interstates highways over to the private sector for maintenance, and consideration is being given to turning primary highways over to the private sector for maintenance. He stated .that it appears that VDOT is attempting to shift :more of the maintenance and construction responsibilities to counties:. 4 e ~nn~ ~4 ,,-,,. ~d // Chairman Wright. called for Citizens' Comments. Grace Keen. advised that a meeting will be .held in Richmond on Monday, June 5, 2006 on the Certificate of Public Need for Riverside Hospital. She invited the Board to attend the meeting along with the members of the Isle of Wight Citizens Association. Mrs. Keen further- invited .the Board to attend a meeting of the Isle of .Wight Citizens. Association on June 12, 2006 at 7;00 p.m. at Benn's United Methodist Church to discuss the County's budget and new real estate assessments. Mrs. Keen advised the Board that in preparation for the 2007 Jamestown Celebration, the Beautification Committee is in the process of purchasing plants to be planted at the entrance to the James River Bridge. :She requested the Board to appropriate the necessary funding for a sprinkler to be installed which could be hooked up to VDOT's well on the property. Donald M. Long, Director of Public Works, offered to meet with Mrs. Keen tomorrow on-site to explore possible alternatives. // Chairman Wright called for the County Attorney's report. County Attorney Stroman presented a proposed contract with W.P. Taylor & Company, Inc. for the construction: of roads, ditches, parking lots and associated. grading. at Heritage Park: He recommended that the Board authorize the Chairman to execute. the contract on behalf of the Board. Supervisor Clark moved that the Board adopt the following Resolution to Appropriate Funds from .the Unappropriated Fund Balance for the Central County Park -.Phase III: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR THE CENTRAL COUNTY PARK -PHASE III WHEREAS, the_Board of Supervisors of the County of Isle of Wight, Virginia has approved the construction of roads, ditches,. parking lots and associated grading at .the Heritage Park (Central County Park -Phase III); .....and, WHEREAS, funds in the amount of three hundred eighty-one thousand nine hundred thirty-eight dollars ($381,938) need to be appropriated from the 5 ~I 1 1 1 ',1 eo~K 24:;,x- 95 Unappropriated .Fund Balance of the General Fund to the FY 2005:-06 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT .RESOLVED by the Board of Supervisors. of the .County. of Isle of Wight, Virginia that three hundred eighty-one thousand nine hundred thirty-eight dollars ($381,938) from. the .Unappropriated Fund Balance of the General Fund be appropriated to the FY 2005-06 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 adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no .Supervisors voting. .against the motion; and, Supervisor Bradshaw absent for the vote. Supervisor Clark further moved that the Board authorize the Chairman to execute the contract with W.P. Taylor & Company, Inc. on behalf of.the Board. The motion was adoptedby a vote of (4-0) with Supervisors Brown, Clark, .Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. troman stated in antici ation of a reenactment group County Attorney S p .than proposes to move from. Newport News to the County, and in conjunction . with activities associated with the Jamestown 2007 celebration, included in the agenda are proposed safety standards and a County policy for small arms, artillery and black powder which he recommends that the Board authorize the Chairman to sign on behalf of the Board.. Supervisor Clark moved that the Board approve and authorize the Chairman to sign the Isle- of Wighf County Small Arms and Artillery Safety Standards and Guide to Black Powder Use Policy. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against: the motion; and, Supervisor Bradshaw absent for the vote. County Attorney Stroman requested .additional time to speak with Supervisor Clark and the Director of Economic Development before redrafting the proposed. Open: Burning Ordinance.. He advised that any feedback provided by :the Board tonight would be incorporated :into the revised Ordinance before he returns to the Board. Chairman Wright suggested that the County.: Attorney make the following revisions before returning the proposed Ordinance to the Board for consideration: The date on the first page be revised from March 1'` until May. 15~' to February 15~' to Apri130~'; remove Item 5.2.I (The County Attorney is 6 a R eooK 24 ~a=:~ 96 'to perform legal research to ensure there is no State requirement- for its inclusion);. there should be no commercial or ground burns in the: Northern Development Service District, and that developers and other owners should be required to shred or recycle; and, include a section for residents and one (1) for commercialbusinesses. County Attorney Stroman proposed that in lieu of the. Board holding its public hearing on .the proposed. Open Burning Ordinance at the Board's June -15, 2006 meeting, that it be postponed. for public hearing at the Board's July 20, .2006 meeting in order to allow him sufficient time to resolve, all issues raised by the Board and staff. County Attorney. Stroman presented anadd-on purchase order for additional equipment for the County's emergency management. system by SunGard, HTE. Supervisor Clark moved that the Board authorize the Chairman to execute the add=on purchase order with SunGard, Inc. for additional. interface ...equipment. and professional .services. needed to enhance the County's emergency management system. The motion was adopted by a vote of (4=0) with Supervisors Brown, Clark, Ivy and Wright voting in -favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. .County Attorney Stroman. announced that the County had-been notified by the Virginia. State Corporation Commission of its approval of the Isle of Wight County seal as a service mark. County Attorney Stroman briefed the Board relative to the Virginia Administratioq of Government Committee meeting of the Virginia Association of .Counties (VACo) which he attended on the Board's behalf. a He advised that a legislative agenda is currently being developed, and that there was an effort. last year to pass a law allowing localities to appoint Administrative Hearing Off cars. in lieu of a three (3) person panel relative to the grievance process. He advised that the patron of the bill met some resistance, and it was restricted only. to Albemarle County; however, the .possibility does exist for adding additional communities, .including the County. He stated depending on the outcome of his discussions with the Director of Human Resources and the Director of Information Resources and Legislative Affairs, he may be bringing this matter. back to .the Board for consideration. ~ County Attorney Stroman advised that the- remainder of his items would be discussed in Closed Meeting. ¢. // Chairman Wright called for the County Administrator's report. 7 1 II II . eooK 24 ~M-.~ 97 E. Wayne Rountree, P.E., Assistant County .Administrator, briefed the Board relative to staff's review of the Camp Washington property. He noted that included in the agenda is a report and pictures depicting the appearance of the property today. He advised that liability issues need to be addressed by staff in order. to secure the site, such as the tearing down, of decaying buildings; removal of sidewalks and roads; .and; the removal of the razor wire. He stated included in the agenda are. estimates. to renovate the fabric building; .have the fabric building moved to the .fairground site, and demolition of the majority of the buildings. He advised that the Department of Parks and Recreation is in favor of building a $1VIX bicycle facility at that location. He advised that also being considered is the feasibility of a regional trail facility in conjunction. with the bike facility because of the proximity of this property to the Lake Gaston pipeline and the access that it has into the City of Suffolk and Southampton County. . Chairman Wright recommended that staff contact the various fire departments and inquire if they are interested in burning downthe decrying. ..buildings as a training exercise. He recalled that a young man had requested that the County develop a skate park in thesouthern end of the County at the Board's Town Meeting in Carrsville, and he inquired if staff had oaken. any steps in .that regard.. Assistant County Administrator Rountree stated that the aspect of a skateboard facility had been. considered by the Director of Parks and Recreation on several occasions. He noted that there is currently a facility for t skateboarders in the City of Franklin, but the Camp Washington site could also be consideredfor that purpose. Supervisor Brown advised that the Southeastern Cooperative. Education Program (SECEP) is an organization having difficulty in locating: an appropriate building and land in a remote area for the purpose of educating. students with severe behavior problems who do not fit into the traditional classroom. He advised that these types of facilities are utilized byseveral school districts.- Assistant County Administrator .Rountree advised Supervisor Brown that staff considered several different types of groups; that might wish to utilize the facility; however, the facility has been closed down for several. years and the buildings are dilapidated. /f At 5:00 p.m., Supervisor Clark moved that the Board amend the order of the agenda in order to conduct the public hearings.. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. 8 e eooK 24 rh-:~ ~$ ii Chairman Wright called for a public hearing on the following; An Ordinance to Impose Tax Rates for Isle of Wight County, Virginia, for fiscal year July 1, 2006 through June 30, 200? County Attorney Stroman certified that. the proposed Ordinance had been duly advertised. He advised that the public hearing advertises the tax rate to be $.73, which is consistent with the information contained in the budget, but because of the recent reassessment there would be a downward adjustment to that rate which. could not: be advertised at this point in time because the. Board. ofEqualization has not completed its work. Chairman Wright. called for persons to speak in favor of, or in opposition to, the proposed ..Ordinance. Loretta Brown of 21093 Reynolds Drive stated that her .cell phone bill ' already includes a charge of $3.00. She inquired if an additional 10% tax on her cell phone is being proposed. County Attorney Stroman advised that the 10% cell phone tax is a continuation of that charge, and is not in addition to the current charge.. Ms. Brown stated her phone: bill currently includes a charge of $6.00, and she inquired if an additional charge being proposed, or is it again. a continuation of that charge. County Attorney Stroman advised that the tax is a continuation of that charge. Jane Marche of Fire Tower Road advised that four (4) generations of her. family have chosem to live an a small farm in the County where she currently resides because they enjoy country living.. She stated that she. does not mind ,carrying her trash to a convenience center, nor. does she mind not having sidewalks and curb and gutter, street`lights, city water or sewer. She advised and that-she also-must travel an hour in order to go shopping or to the doctor, and that she lives in a remote area for sheriff for fire and rescue services. She stated that it appears that she is paying for those who do have those County services, and that the tax on her property had increased approximately 40% although she does not receive the same amenities as ,those living in Eagle Harbor. She stated that she. does not want to receive those amenities, and that her concern is more with paying for someone else to receive those amenities. Chairman- Wright closed the public hearing and -called for comments from the Board.. 9- 1 1 1 '1 BOOK ~~ ~r."•' •J9 Supervisor Clark moved that the Board adopt, the following Ordinance as advertised... AN ORDINANCE. TO AMEND: IMPOSED TAXES FOR ISLE OF WIGHT COUNTY, VIRGINIA, FOR FISCAL YEAR JULY 1, 2006 THROUGH JUNE 30, 2007 BE IT, .AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: (1) That there is hereby levied retroactively for: the fiscal year. beginning July 1, 2006,: a tax of $0.73 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, .2006, 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, 2006, 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, . 2006, a .tax of $0.32 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 Juiy 1, 2006 a tax of $4.40 per one hundred dollars of assessed valuation on tangible personal .properly as defined and classified in Sections 58.1-3500,.58.1-3501, 58.1-3502, 58.i-3503, 58.1-3504 and 58.1-3500, 58.1-3501, 58.1-3502,58.1- 3503, 58.1-3504 and 58.I-3506 of the Code of Virginia, as amended, 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, 2006,. a tax of one-half (1/2) of one percent (1%) 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, as amended, and pipeline distribution companies .as defined in Section. 58.1-2600 of said. Code). accruing from sales to the ultimate consumer in the County of Isle of Wight, 10 1 e~R~ 24 ~;{x.00 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. (7) Ten percent (10%) of the monthly gross charge to a consumer of local mobile telecommunication service not to be applicable to any amount so charged in excess of $30,00 per month; and ` (8) $3.00 per line .per. month for enhanced emergency telephone services. BE IT FURTHER ORDAINED AS FOLLOWS: (a) That all proceeds received for the fiscal year beginning July 1, 2006 from. the -County general tax rate levies, from other local revenue, - from federal and stale funds and supplements and from all other funds and sources for general County :functions :and purposes, 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 alI 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, 2006,. for the separate items, categories, functions and.. purposes. in the budget adopted by the Board of Supervisors on the 18th day ,of May, 2006. (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 fore. 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 11 1 1 1 I~ 1 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 beenmade available andappropriated 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 ;his :Board, be furnished to the Treasurer of this County.. The motion was adopted by a vote of (4-0) with Supervisors Brawn, Clark, Ivy and .Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw .absent for the vote. J! Supervisor Ivy moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting. against the motion; and, Supervisor .Bradshaw absent for the vote. /! Chairman Wright called -for continuation of discussion on the Camp . Washington .property. Assistant County Administrator Rountree stated because the buildings on the property have.. remained vacant for such a long. period of time they ..have begun to deteriorate, and that most of the roofs are leaking causing the floor joists to 'rot and sag. He advised .that it is staff's opinion that the :majority of the buildings are beyond repair. Supervisor Brown stated that SECEP. is not only having a problem locating a facility, but surrounding land in a remote area such as this. Supervisor Brown moved. that the Board: direct staff to send copies of information. to the Southeastern Cooperative- Education Program .(SECEP). The motion was adopted by a vote of (4-0) with Supervisors Brown,. Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. Supervisor Brown offered to provide 1VIr. Rountree with the .appropriate contact name and address for the Southeastern ..Cooperative Education Program. 12 - !!; 1 a County Administrator Casket' presented' a request from Glenda Minga, General District Court, for funding. of apart-time employee by the.. County. He stated that because there is currently not a budget finalized by the state, it is staff's recommendation that the Board wait until the budget is finalized. Supervisor Clark moved. that the Board wait for the State budget process to be finalized; request that the General. District Court has .ensured ..that temporary staffing assistance is not available from the Committee on District Courts; and; revisit the. request. for County funds at a later date if .necessary. The motion was adopted. by a vote of (4-0) with Supervisors. Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors votingagainst the motion;-and, Supervisor Bradshaw. absent for the vote. County Administrator Casket' presented a Resolution to Authorize the Transfer of Funds within the School's Categorical Budget,. which staff recommends a sum of $500,000 be transferred within the school administration's categorical funding. Supervisor Ivy moved that the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE THE TRANSFER OF FUNDS WITHIN THE SCHOOL'S CATEGORICAL BUDGET WHEREAS, the Board of Supervisors of the County of Isle of Wight, ,Virginia. has authorized the transfer of one hundred five thousand dollars, ($105,000) to cover the estimated. deficit for vehicle fuel and increase in remediation costs and wages for substitute teachers; and, WHEREAS, the funds in the amount of one hundred five thousand .dollars, ($105,000) are to be transferred as follows: Bud etCate o Increase Decrease Instructional Services ~ 60,000 Pu it Trans nation 45,000 O erations and Maintenance ~ 55;000 Administration, Attendance and Health 20,000 Total 444 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of` Supervisors of the County of .Isle of Wight, Virginia that one hundred five thousand dollars, ($TO5,000) be transferred in accordance with categorical funding. 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. 1 1 1 i 1 The motion was adopted by a vote of (4-0) with Supervisors Brown, .Clark, Ivy and Wright voting in favor of the. motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. County Administrator Caskey requested that the Board give consideration to appointments to the Board of Equalization for the Smithfield and Hardy Districts. Supervisor Ivy moved- that Jesse Midget, representing the Smithfield District, be recommended to the Circuit Court to serve on the Board of Equalization. The motion-was adopted by a vote of (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against. the motion; and, Supervisor Bradshaw absent for the vote. Supervisor Clark moved that Harry Cassell, 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 (4-0) with Supervisors Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion;. and, Supervisor Bradshaw absent for the vote. Assistant County Administrator .Rountree briefed the Board on the recent. announcement. by the City of Suffolk. regarding water conservation; measures in northern Suffolk and the County (Northern Development Service District).- He informed the Board. that the water. treatment plant in the City of Suffolk experienced a mechanical malfunction to the deep-well pump, and staff was .notified on Monday, May 29, 2006 that .the City had put into .effect voluntary water conservation measures anticipated to .last through Thursday, June 1, 2006. He reported that the pump has been repaired and is now back in service, and the City of Suffolk expresses its appreciation to the residents of the County for their conservation measures and cooperation.. // Chairman Wright called for Appointments. Supervisor Clark requested that County Administrator Casket' investigate whether or not. the Isle of Wight Substance :Abuse Advisory Council is an active body, and report back to the Board. .Supervisor Ivy .requested that previous attendance records for the :Council be submitted to the County Administrator. // Chairman Wright called for Old Business. Alan S. Nogiec, Director of Parksand Recreation, informed the Board that Goggins Electric was the successful-bidder for the installation of electric i4 a A service at the Tyler's -Beach Boat Harbor in the amount of $10,804. He stated that work should begin within the next several weeks on this effort. Mr. Nogiec distributed an aerial photo of the fair site illustrating the results of recent grass seeding. Donald M. Long, Director of Public Works, addressed the .issue of cleanliness. and clean-up ,procedures by Public Works ..staff at the Tyler's Beach boat. harbor. Supervisor ..Clark expressed concern with the .results of the recent assessment on some properties. He stated that he believes that the high amounts:. are affecting the public's perception. of credibility of the reassessment. Supervisor Ivy agreed. that there should not be the kind of changes in values that are being seen this reassessment over the previous reassessment. He stated that- there is a process to be followed, and at the conclusion of the hearings by the Board of Equalization, if the Board feels there is a need to take further action, it will be taken at the appropriate time.. Ms. DeVary, in response to Supervisor Bradshaw's inquiry as to whether there is a process in place that would require the state to certify a local reassessment, advised that staff will send the State Department of Taxation a letter advising that a reassessment has occurred, as required by law, and the overall results.. She noted that. the. State Department of Taxation does not officially certify. the County's reassessment. She .further advised that in order to establish the sales ratio, the State Department of Taxation does an annual. sales study. HoweveY, the reassessment numbers that would go in effect July 1, 2006 would not be reviewed until this time next year. She advised that the Board could request that the .State Tax Commissioner perform a sales study at this time to validate the assessments performed by the contracted assessor. She noted that the Board of Assessors had initially voiced concern to her about the values; however, following the. first week of hearings, she was advised that. the Board of Assessors felt more comfortable with: the values. She advised that a majority of the complaints concerned the percentage increase, not with homes being overvalued. Supervisor Clark moved that the Board direct the Director of Budget and Finance to ,initiate efforts to request that the State Tax Commissioner perform a sales study to validate the numbers presented by the contracted assessor. The motion was adopted by a vote of (4-0) with Supervisors :Brown, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. /1 Chairman Wright called for New Business. 1S 1 i 1 Supervisor Ivy announced that the Smithfield Times incorrectly reported on the Smithfield District. qualifications for Supervisor.' He stated the 1.25 signatures must be returned by June 13, 2006 at 7:00 p.m., and he requested that this information be relayed to the public as soon as possible. // ' County Attorney Stroman requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act to receive legal advice pertaining. to a proposed agreement with- the Blackwater Regional Library; pursuant to Section 2.2-3711.A.7 to receive legal advice and to consider personnel items related to the potential appeal of an administrative procedure; pursuant to Section 2.2-3711.A.1 concerning three (3) separate personnel items related to the assignment, appointment, promotion, and performance of specified public employees; pursuant to Section 2.2-3711.A.7 to' receive legal advice regarding probable litigation related to inspections pursuant to the Uniform: Statewide Building Code; .and, pursuant to Section. 2.2-3711.A.7 to receive legal .advice .pursuant to a potential motion for disqualification. 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 (4-0) with Supervisors Brown, Clark, ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw absent for the vote. Supervisor Bradshaw arrived at the meeting. at 5:55. p.m. and was present for the entire Closed Meeting. Supervisor Clark 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: ' 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 2.2-37I2.D of the Code of Virginia requires a certification by this Boazd of Supervisors that such closed meeting was ~ conducted in conformity with Virginia law; 16 I TI~EREFORE, BE IT RESOLVED that the Boazd of Supervisors NOW , 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:.. Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE; 0 ABSENT DURING MEETING: 0 Supervisor Ivy moved that the Boazd approve. the amended Memorandum of Understanding between the Boazd of Supervisors and the Town of Smithfield; Smithfield .Volunteer Fire Department, and the Isle of Wight Volunteer Rescue Squad. 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. . announced that he Times ithfield th S f o t ni r Gi , . m e . or . r er. s, ep dju Joe would be moving out-of-state, and he thanked. the Board for allowing .him to report on County issues over the last fourteen (14) months. ei At 7;OU p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (S-0) with .Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. /'~ e hairman ~ omas J. igh II, W. Dougl a ey, Clerk- i 17