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06-15-2006 Regular Meeting eao~ 24 r~cr~07 REGULAR MEETING. OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE- FIFTEENTH DAY OF JUNE IN THE YEAR TWO. THOUSAND AND SIX PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman Thomas R. Ivy Phillip A. Bradshaw ABSENT: James B. Brown, Jr. Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. and delivered the invocation. // The Pledge of Allegiance was conducted. f/ Chairman Wright called for approval of the agenda. .County Attorney Stroman requested that. the following amendments be made to the agenda: Under the Public Utilities Report, reverse items (2) and (3); under-the County. Attorney's Report, add an additional item regarding the Isle of Wight County Museum Lease Agreement; under New Business, add a resolution. of appreciation; and, under the Closed Meeting, a total of seven (7) items for discussion. Supervisor Clark moved that the Board approve the agenda, as amended. The motion was .adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy .and Wright voting in favor of the motion; no Supervisors voting against the motion; .and, Supervisor Brown absent from- the meeting. // Chairman Wright called for Special Presentations. Dana Dickens, IIi, President, Hampton Roads Partnership, briefed the Board responsive to the .recent launch of the Year of Regional Citizenship. He presented the Board a framed copy of a Proclamation Declaring April 26, 1 eonr 24 ~acc108 2006. Through ,April 26, 2007 to be the Year of Regional .Citizenship, .and ...requested that it be hung at a prominent location within the Courthouse. Supervisor' Clark commended the Hampton Roads Partnership for continuing efforts relative to persuading legislators- in Richmond to invest. in a transportation system. Sheriff C. W. Phelps formally introduced Diane Jones, the County's new.Manager of the..Emergency Communications Center, effective July 1, 2006. Ms. Jones .briefed the Board on the status of a redundant secondary emergency dispatch center proposed to be established at the Smithfield dispatch center. She advised that in order to reduce. costs associated with the .establishment of such a center, automatic location information has been deleted; roll-over lines would. be utilized .versus full 911 trunks; and, furniture ..requirements. were downgraded and existing furniture would be utilized. She briefed the Board relative to practices of surrounding localities and advised that Gloucester presently .routes its .calls to a fire station; - Southampton. County approaches- its emergencies on a case-by-case basis, and relies on sheriff's or fire .departments for communications with field .units; and, Prince George County has an agreement with Hopewell to take overflow phone cabs and respond to the police department where there are converted control :stations to talk to field responders. She advised that for .approximately $1 14,000, staff hopes to establish the site before the middle of August, 2006. She concluded. that there would be a $300 recurring cost in order to sustain phone lines and pay maintenance on the radio system. Sheriff Phelps commented that the system,. as proposed, should address the. County's needs and that he would be working with staff in developing an appropriate RFP. Supervisor Bradshaw requested that the information relative to the Isle of Wight Substance Abuse Advisory Council which is contained in the County Administrator's section of the agenda. be discussed at this. point in the agenda. .The motion was adopted by a vote of (4-0) with Supervisors Bradshaw Clark I , vy and Wright voting in favor of the. motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. County Administrator Casket' stated responsive to the` Board's direction at its June , 2006;meeting is an update on the activities of the Isle of Wight. Substance Abuse Advisory Council. He advised that the Council has been inactive over the last two (2) years. 2 HOOK ~~'zt~~~V~ Sheriff Phelps offered to work with staff in an effort to either reconstitute the Council or make a recommendation. on some other program to take its place. Supervisor Bradshaw moved .that staff be directed to forward the information provided to the Board on the Isle of Wight Substance Abuse Advisory Council to the Sheriff for his review. Staff is also to work in conjunction with the Sheriff in developing a recommendation on whether or not the Council should be reconstituted and report back to the Board. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no .Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. Supervisor Clark presented a request to the Board from Sheriff Phelps relative to additional funding for a Deputy position to bring a position that is currently part-time to full-time status. Sheriff Phelps explained that he had hired an Auxiliary Deputy in December, 2005 to fill the position of a Deputy who had been called away to active military duty.. He stated that originally when the Auxiliary Deputy was hired, the position was only classified as part-time; however, the Deputy had worked in a full-time capacity. He stated that his original intention, when the Board had allocated additional funding sufficient. to cover two (2) Deputy positions, was to make the Auxiliary Deputy position full-time. effective July 1, 2006. He stated that the Deputy has now returned from active duty earlier than originally anticipated and is ready to return to work. Sheriff Phelps. stated. that he is now. requesting additional funding for the position for the next two (2) weeks until the position can reach full-time status. Supervisor Clark moved that the Board fund the part-time Deputy position for the next two (2) weeks until the position is able to go to full-time status. The motion was adopted by a -vote of (4-0} with .Supervisors Bradshaw, Clark, .Ivy and Wright .voting in favor of the motion; no Supervisors voting against the .motion; and, Supervisor Brown absent ..from the meeting. Chairman Wright. formally recognized Marvin Crocker, Mayor of Windsory in the audience. 1/ Chairman Wright indicated the Consent Agenda included the following items: 3 AAOM 24 rRr..~'~U A. Isle of Wight County .Historic Society. Request to Plant a Tree in the Riverview Park Memorial Gardens B. Voicestream GSM Lease C. .Virginia Department of Motor Vehicles -Grant Funding for the "Click-It or Ticket/Highway Safety Program" Resolution.. to Accept and Appropriate Grant Funds. from the Virginia Department of Motor ~lehicles for.. the Click-It or Ticket/Highway Safety Program D. Byrne Justice Assistance Grant Program (JAG) Resolution to Accept :and Appropriate Byrne Justice Assistance Grant Funds from the Department of Criminal Justice Services E. Local Emergency Management Performance Grant. (LEMPG) - FY 2005-06 Resolution to Accept and Appropriate Funds from the State. Department of Emergency Management for the. LEMPG Program F. Acceptance and Appropriation of Funds - VDEM Radiological Emergency .Preparedness Funds Resolution to Accept and Appropriate VDEM Radiological Emergency Preparedness Funds ~~ G. Appropriation for Mandated :Comprehensive. Services Act Expenses Resolution to Accept and Appropriate State Funds for Comprehensive .Services H. Status Report -School :Appropriations by Category I. Biosolids Informational Report J. May 19, 2006 Regular Meeting Minutes Supervisor Bradshaw moved that the Board adopt the Consent Agenda, as presented. The motion was .adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. // 4 Boor 24 ~r::•~i1 Chairman Wright called for Regional Reports. Chairman Wright reported on the emergency management meeting that was held earlier that day at Fort Lee. Supervisor Bradshaw advised that the Governor was present at the recent VACo meeting in Williamsburg. Supervisor Clark advised that several legitimate concerns were presented at the most recent meeting of the Isle of Wight Citizens' Association that he would be addressing later under New Business. // Chairman Wright called for Transportation Matters. Sandon S. Rogers, Transportation Planner, referred to the list of VDOT responses to action items from various Board meetings through June 1, 20Q6 that. was contained in the agenda. Mr. Rogers advised the Board that drainage is now flowing properly. on the Cassell property; however, runoff from an adjacent building will stilt need to be addressed. Supervisor Bradshaw advised that the roadway is flooding at Holly .Run Road all the way to the curve. Mr. Neblett offered to see if anything further could be done to lessen the impact of the situation. Supervisor Clark requested Mr. Neblett to review the deteriorating condition of the blacktop on Reynolds Drive. Chairman Wright inquired how a new center turn lane on Route 460 going into Waverly :was approved by VDOT when it is located in a relatively remote area. He noted that the Town 'of Windsor is in dire need of such .a turn lane. Mr. Neblett offered to report back to the Board on .the particulars of how that project was .approved,. and why it was not cut from, VD4T's budget with all the. other recent funding cuts.. 5 eo~K ~ 24 ~~~:~~.~.2 Supervisor Ivy advised that the two (2) dead trees at the intersection of James Street in Smithfield are in need of removal. Mr. Neblett offered to review VDOT's right-of-way at that location and find aut who is responsible for having the trees. removed, Mr. Rogers advised that staff is in receipt of , VDOT's revised Secondary Six-Year Priority Plan and budget. Mr. Neblett :advised that the figures in the Plan and budget could change again depending upon the budget adopted by the General Assembly. Supervisor Bradshaw commented that the County should begin consideration of administering its own road maintenance program in the future. Supervisor Clark commented that the state reduction of its_ funding obligations is the main reason why localities' budgets are expanding. If local: I~ governments do not meet the state's shortfall, the needs. of the citizens go unmet. Supervisor Bradshaw. moved that the Board direct staff to -send a letter to the members of its General Assembly delegation (Delegates Barlow and Tyler, and Senators Lucas and Quayle) regarding the new information on State-.funding for road maintenance, and advise them that the Board is .very dissatisfied and wants to solicit .their help in restoring funding: The motion was adopted by a vote. of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of .the motion;. no Supervisors voting against the ..motion; and, Supervisor Brown absent from. the meeting. // Chairman Wright called for Citizen's Comments. Joe Joyner of 31.334 Walters Highway addressed he Board concerning the assessed value of his truck. Supervisor Bradshaw moved that the Board direct staff to contact the Commissioner of Revenue's Office concerning the assessed value versus the market value of Mr. Joyner's truck (farm vehicle use). The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. 6 eooK 24 ~:~~._13 Supervisor Bradshaw further moved that the Board direct staff to review what options are available locally with respect to the reassessment, and invite Mr. Wampler to make a presentation to the Board and explain the rate books that are utilized in determining square footage for homes and factors based. on their style. The motion was adopted. by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright. voting in favor of the motion; no Supervisors. voting .against the motion; and, Supervisor Brown absent from the meeting. Joni Griffin of 25078 Old Mill Road voiced her concern with the unresponsiveness of the School Board and the recent termination of Assistant Superintendent Venter. Herb DeGroft of 15411 Mili Swamp Road, advised an efficiency review is to be presented to the School Board. on July t 3, 2006 at 7:00 p.m., and he is hopeful that the School Board will invite the Board to attend. He commented that implementation 'of -the new automated data processing system on which County staff is currently working on should.. present. opportunities. for economy of effort, .asset utilization and the reduction of resource expenditures. // At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the regular order of the agenda in order to conduct public hearings. The motion ..was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright .voting in favor of the motion; no Supervisors voting.. against the motion; and, Supervisor Brown absent from the meeting. IJ Chairman Wright called for a public hearing on the following: A. The application of Walnut Grove .Baptist Church Trustees for a Conditional Use Permit to allow construction of a modern church building on approximately 2.62.acres of land located on the east side of Thomas Woods Trail (Route 614), south of Group Lane in the Carrsville Election District. Adanna Davis, Planner, Department of Planning and Zoning, certified that the application had beers properly advertised.. 7 Chairman Wright called for persons. to speak. in favor of, or in '~ opposition to, the application. Mitchell Wilcox, Commonwealth Engineering Group, stated that. the .existing church.. is old and in need of replacement. He stated the site has been accessed for wetlands by the Corps of Engineers, and a suitable area has been located .for a septic system. He stated that following completion of Phase I, the existing old church will be torn down. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board approve the application of Walnut Grove Baptist Church Trustees. The motion was. ado ted b a vote P Y of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion;. and, Supervisor Brown .absent. from the meeting. Chairman Wright called for a public.. hearing on the following:. B. The .application of Elisha Junious Stokes and Cecile Gale Lewis for a change. in zoning classification from. Rural Agricultural Conservation .(RAC) to Conditional-Suburban Estate (C-SE) of approximately one (1) acre of land located on the. north side of Willie Roberts Road (Route 460), approximately .07 mile from its intersection with Walters Highway (Route 2S8), in the -Windsor Election District. The purpose of the application is for one (1)single-family residential lot, as conditioned. ~ Amy Ring, Assistant Director of Planning and Zoning, certified that the ...:public hearing had ..been properly advertised. Chairman Wright called for persons to speak. in favor of, or in opposition to, the application. Elsie Rick of 9459 Willie Roberts Road and adjoining landowner spoke in .favor of the application. Dane .Scott, Scott & Associates,. offered to answer -any questions the .Board might have with respect to the, application. 8 aQnll 24 ~ti~:r~~4/ Chairman Wright closed the public hearing and called. for comments from the Board. Supervisor. Clark inquired if the reason for rejection by the Planning .Commission was due to the inadequate public focipities. He stressed that applicants are encouraged to offer their best proffers to the Planning Commission. He stated that he had a problem with applicants who change their proffers after leaving the Planning Commission, but prior to appearing before the Board. County Attorney Stroman advised that a subsequent proffer letter was offered bythe applicant. He stated whether there is going to be public water and sewer is not. an appropriate proffer, and he would recommend that the Board avoid any legal liabilities associated with that type of proffer. He advised that the Board could either refer .the application to the Planning Commission, allowing time for the applicant to fix the proffer letter, or the Board could accept Proffers 1 and 2, and not accept Proffer 3. Supervisor Bradshaw moved that the Board approve the application of Elisha Junious Stokes and Cecile Gale Lewis, as proffered, accepting Proffers # 1 and #2, and rejecting Proffer #3. The motion was adopted by a vote. of (3- p)with Supervisors Bradshaw, Ivy and Wright voting in favor of the motion,. Supervisor Brown absent from the meeting; and, Supervisor Clark voting against the motion. Chairman Wright called for a public hearing on the following: C. Proposed Boundary Line Adjustment between Isle of Wight County and the Town of Smithfield. County Attorney Stroman certified that the public. hearing had been properly advertised. He explained that the public hearing would expand the Town of .Smithfield's boundaries by approximately 5.3 acres to include a section of the Cypress Creek Development which was omitted in the Annexation Agreement, and reduce the. Town's boundaries by 1.15 acres of land owned by W. K. G. H. Chairman Wright. called for persons to speak in favor of, or in~ apposition to, the application. Steven Adams, Manager of Cypress Creek Development, spoke in favor of the boundary line adjustment. 9 . eoo~ 24 y,:~~.16 Chairman Wright closed the public.. hearing and ..called for. comments from the: Board. Supervisor Ivy moved' that the Board adopt the. Boundary Line Adjustment Agreement. between the County of Isle of Wight and the Town of Smithfield, and direct the County Attorney. to attend a hearing on .June 26, ~ . 2006 and move that the court. grant a joint petition to approve. the boundary .line adjustments. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,..Clark, Ivy and Wright voting in favor of the motion; no :Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. // Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,. Ivy and Wright voting in .favor of the motion; no - Supervisors voting. against the motion; and,- Supervisor Brown absent. from the meeting.. // Chairman Wright called for-.the continuation of Citizens. Comments. Mr. DeGroft commended Ms. DeVary and Supervisor Clark for their comments at the Isle of Wight Citizens Association meeting on assessments. He notified the Board .that the Director of Emergency Management and the .Director of Social Services are. in cahoots about whose responsibility. it is to :coordinate the evacuation of senior citizens who contact the County with respect to assistance with medical or transportation needs. He encouraged the Board to reconstitute the. Isle of Wight Substance Abuse Advisory Council because it can be involved in a number of worthwhile objectives that can help he youth and community. He offered to contact the Sheriff relative to Ms. Brown's and Mr. Honeycutt's attempts at trying to keep the Council. active over the last several years. // Chairman Wright formally presented. Richard Andrew .Powell, Joseph Willis Powell and Gregory Scott Manning with resolutions recognizing and congratulating them for achieving the rank of Eagle Scout. 10 i PACK 24 ~, .-1~.T Supervisor .Bradshaw .moved that the Board adopt the .following Resolution: RESOLUTION TO RECOGNIZE AND. CONGRATULATE RICHARD ANDREW POWELL FOR ACHIEVING THE .RANK OF EAGLE SCOUT WHEREAS, Richard Andrew Powell is a member of .Boy Scouts of America, Troop #4 I ;and, WHEREAS, Mr. Powell has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Powell for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that Richard Andrew. Powell is recognized and congratulated for achieving the rank of Eagle Scout. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright. voting in favor of the motion; no Supervisors voting against the motion; and,. Supervisor Brown absent from the meeting. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE AND CONGRATULATE JOSEPH WILLIS POWELL FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Joseph Willis Powell is a member of Boy Scouts. of America, Troop #41; and, WHEREAS, Mr. Powell has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Powell for his achievement. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle cif Wight, Virginia that Joseph Willis. Powelt is recognized and congratulated for achieving the rank of Eagle Scout. ll The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,-.Ivy .and Wright voting. in favor. of the motion; no Supervisors voting... against the motion; and, Supervisor Brown absent for the. meeting. Supervisor Bradshaw moved that the Board `adopt the following .Resolution: .RESOLUTION TO RECOGNIZE AND CONGRATULATE GREGORY SCOTT .MANNING FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS, Gregory Scott Manning is a member of Boy Scouts of America, Troop #41 and a resident. of Isle of Wight County; and, WHEREAS, Mr. Manning has achieved the rank of Eagle Scout; and, WHEREAS, the Board of Supervisors wishes to recognize and congratulate Mr. Manning for his achievement.. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors.. of the County of-Isle of Wight, Virginia that Gregory .Scott Manning is recognized and congratulated for achieving the rank of Eagle Scout. The motion was adopted by a vote of (4-0) with- Supervisors Bradshaw, Clark, Ivy and Wright voting. in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting.. // Chairman Wright called for a five (5) minute recess. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion;- and, Supervisor Brown absent from the :meeting. Chairman Wright moved that the Board. return to open session. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor ,of the motion; no Supervisors voting against the .motion; .and, Supervisor Brown absent from the meeting. // Chairman Wright called for the County Attorney's report. 12 :1 B~oK 24 ~~ ~~.1 ~. .The County Attorney presented a Resolution to Authorize a Tax Refund for Alltel Communcations/Rash & Associates, L.P. for the Board's consideration. He .advised that a refund in excess of $2,500 requires the Board's approval, and that this requested refund is in the amount of $9;424,75. Chairman Wright moved that the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE A TAX REFUND FOR ALLTEL COMMUNICATIONS/RASH & ASSOCIATES, L.P. WHEREAS, Alltel. Communications/Rash & Associates, L.P., has requested a refund of taxes paid on fiber optic equipment for tax years 2002, 2003, 2004 and 2005; and WHEREAS, .the Commissioner of the Revenue has reviewed the application of Alltel Communications/Rash & Associates, L.P., and determined. that the equipment in question should have been taxed as equipment owned by a public service corporation; and WHEREAS, the Commissioner- of the Revenue has determined that Alltel Communications/Rash & Associates; L.P., is owed a refund in the amount of Nine Thousand Four Hundred Twenty-Four Dollars and Seventy- Fve Cents ($9,424.75); and .WHEREAS, the County Attorney has approved the refund; and, WHEREAS, Isle of Wight County Code Section I5-19 (1996, as amended) requires the review and approval. of tax refunds exceeding Two Thousand Five Hundred Dollars-($2,500); and WHEREAS, it appears that the refund requested is well founded. NOW, THEREFORE, BE IT, AND IT IS HEREBY RESOLVED, that the .Isle of Wight County Board of Supervisors authorizes a tax refund to Alltel Communicatons/Rash & Associates, L.P., in the amount of Nine Thousand Four Hundred Twenty-Four Dollars.. and. Seventy-Five Cents ($9,424.75}. The motion was adopted by a vote of (4-0) with .Supervisors Bradshaw, Clark, Ivy and Wright .voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absentfrom the meeting. 13 s L eo~r 24 -~ ;?(~ County kttorney Stroman presented a late item concerning. a materials release to allow a food network presentation on Gwaltney ham: for the Board's consideration. Supervisor Bradshaw moved that the Board approve .the release as recommended by the. County Attorney. The motion was adopted by a vote of ' (4-4) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent-from the meeting. // Chairman Wright called for the Public Utilities report. E. Wayne Rountree, P.E., Assistant County Administrator recommended -that .the Board accept the low bid of M & W Construction Corporation in the amount of $388,663.87 for the completion of the Carrsvillewater distribution system, assuming that a grant in the amount of $96,200 grant is approved. He stated that while staff has been notified that the County has received the grant,: the official paperwork has not been received. He further recommended .that the Board adopt. a Resolution to :Appropriate Funds from the Unappropriated Fund Balance fore the Carrsville Water System Improvements in the Amount of $96,200. Supervisor .Bradshaw .moved .that the Board approve the low bid of $388,663.87. submitted by M & W Construction Corporation and authorize the Chairman to sign the appropriate contracts as approved by the. County.. Attorney. .The motion was. adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright :.voting 'in favor of the motion; no . Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. Supervisor Clark moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE ' UNAPPROPRIATED FUND BALANCE FOR THE. CARRSVILLE WATER :SYSTEM IMPROVEMENTS WHEREAS, the Board, of Supervisors of the County of Isle of Wight, Virginia-has approved improvements to the Carrsville Water System; and, WHEREAS, funds in the amount of ninety six thousand two. hundred dollars ($96,200) need to be appropriated from the' Unappropriated Fund ..Balance- of the. Public Utilities Fund to the FY 2005-06 Public Utilities Operating Budget of the County of Isle of Wight, Virginia. l4 a~~~ 24 ~:~~121 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that ninety six thousand two hundred dollars ($96,200) from .the Unappropriated Fund Balance of the Public Utilities Fund be appropriated to the FY 2005-06 Public Utilities 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 resolutian effect. The motion was adopted by a vote of (4-0). with Supervisors Bradshaw, Clark, Ivy and Wright voting in -favor of the motion; no Supervisors voting .against the motion; and,. Supervisor Brown absent from the meeting. Mr. Rountree presented the renewal of the Agreement for Professional engineering Services for the Board's consideration. Supervisor Clark moved that the Board authorize the Chairman. to sign the Agreement for Professional Engineering Services Addendum #2 which extends the agreement for an additional year. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of .the motion; no Supervisors .voting .against the motion; and, Supervisor Brown absent from the meeting. Mr. Rountree presented an engineering contract with M & W Construction Corporation in the amount of $10,800 for a .Stage 2 Disinfectants and Disinfection Byproducts Study for the County's Northern Development Service District water distribution system. Supervisor Clark moved that the Board authorize. the preparation of an Initial Distribution System Evaluation (IDSE) report by R. Stuart Royer for a fee of $1.0,800. The motion was adopted by a vote of (4-0) with Supervisors. ..Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. Supervisor Clark .advised that a citizen had recently contacted him requesting the. installation of a street light at an existing pole in the middle of Park Street to provide better visibility of the sidewalk. Supervisor Clark moved that the Board- direct. the Director of Public Works to return with his recommendations on an amended policy to allow for the installation. of street lights in the middle of Park Street. The motion was 15 80nw 24 .;r:.~~~ adopted by a vote of (4-0) with Supervisors Bradshaw,. Clark, Ivy and Wright voting in favor of the motion; no Supervisors .voting against. the motion; and, Supervisor Brown absent from the meeting. J/ Chairman Wright called for the Public. Works report. Donald M. Long, Director of Public Works, recommended that the unmanned Courthouse Convenience Center be closed. He noted that appropriate public :notices -would be displayed redirecting citizens to the Carroll Bridge Road and Central Hill. sites for household trash disposal.. "Supervisor Bradshaw advised that. convenience centers are the .only service that citizens in the southern end of the County receive, and these citizens truly respect and appreciate the. Board manning these centers. He .added. that there is no Deputy coverage south of the Courthouse. because the first response is in the northern end of the County,.. particularly in the Carrollton area. Supervisor Bradshaw moved that the Board authorize staff to close the Courthouse convenience center .and .post appropriate, public notices .notifying and redirecting citizens to the sites at Carroll Bridge Road and Central Hill for household trash disposal The motion :was adopted by a vote of (4-0) with Supervisors. Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. // Chairman Wright called for the County Administrator's report. Dr. Michael W. McPherson, Superintendent of Schools, addressed a shortfall in revenue. that the school system anticipated receiving from the .state. He advised that due to an .adjustment in the sales .tax revenue in December. by the state, the school anticipates receiving reduced basic aid. He stated that he has made attempts to cut. out all spending except in emergency situations. _ Supert'isor Bradshaw advised that he could not support the request for additional funding because he did not see the School Board exercising fiscal responsibility, He asked the .Board to be aware that it hasnot increased the tax. relief for. the elderly. and disabled because. of the uncertainly of where the funding can be found. He stated the funding. requested by the School Board could be used towards that effort. He stated that the.School Board members, '~ 16 not the Superintendent or the Director of Finance, should be presenting this request and be held accountable. Supervisor Ivy moved that the Board adopt the following. Resolution to Appropriate Funds in the Amount of Two Hundred Thousand Dollars from the Unappropriated Fund Balance to the FY2005-06 School Operating Budget to cover the state shortfall, and. that-all unspent funds be returned to the County: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE TO THE SCHOOL OPERATING BUDGET. WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of two hundred .thousand dollars ($200,000) from the Unappropriated Fund Balance of the General Fund 2nd the reduction of same in State and Federal Revenues to the FY .2005-06 School Operating Budget; and, WHEREAS, the funds in theamount of two hundred thousand dollars ($200,000) is available in the Unappropriated Fund Balance of the General Fund and has been .approved for appropriation to the. FY 2005-06 School Operating Budget 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 two hundred thousand dollars ($200,000) from the Unappropriated Fund Balance of the General Fund and the reduction of same. in .State and Federal Revenues be appropriated to the FY 2005-06 School 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 (3-1) with.Supervisors Clark, Ivy and Wright. voting in favor of the motion; Supervisor Bradshaw voting against the motion; and, Supervisor Brown absent from the meeting. Supervisor Clark requested that Dr. McPherson advise the Board after the beginning of the fiscal year what the funds are spent on fram this point forward in time. 17 . Door 24 ~.::, a ~A Chairman Wright commented that he would like to 'see the School Board members take responsibility for their financial requests. Supervisor-.Clark noted that when citizens request the School Board members to attend certain meetings, the School Board. members need to be responsive to the various citizens' groups. and attend those meetings... ' bounty Administrator Caskey. presented consideration of the renewal of audit services with Goodman & Company. . Supervisor Ivy moved that- the Board authorize the Chairman to sign the. contract presented for audit services with Goodman & Company. 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; .Supervisor .Bradshaw absent for the vote; and,. Supervisor Brown absent. from the meeting. County Administrator Caskey reminded the Board that the appointment of an individual to represent the Hardy District on the Board of Equalization is needed. Chairman :Wright requested the County Attorney to correspond. with Supervisor Brown on the importance of appointing such an individual to represent his district on the Equalization Board. Supervisor Clark moved that the Board table the matter until the Board's July 6, 2006 meeting.. The motion. was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor. of the motion; no Supervisors .voting against the motion; and, Supervisor- Brown absent from the- meeting. U Chairman Wright called for Appointments. Supervisor Ivy moved that the Board appoint Dr. Mary Mehaffey to serve as the school representative on the Office on Youth Oversight Committee. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor .Brown absent from the meeting.:. . 18 eoox 2~ .,..1~.5 Supervisor. Bradshaw moved that the Board appoint Elaine Butler to serve on the Southern Development Committee. The motion was adapted by a vote of (4-0) with .Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no .Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. // Chairman Wright called for New Business. Supervisor Ivy announced that the County has been notified that the Commission on Local Government will hold a public. hearing on Monday, July 10, 2006 at 10:00 a.m. in the Board Room at the Department of Housing ...and Community Development regarding the current .assessment process. He requestedthat this information be placed on the County's website. County Administrator Caskey stated in light of the Commissioner of Revenue's retirement at the end of June, 2006, he would request the Board's.. permission to develop an appropriate Resolution of Appreciation for presentation at her retirement dinner. Supervisor Clark moved that the Board authorize staff to develop an appropriate Resolution of • Appreciation for .presentation to Janice A. Hardison upon her retirement as Commissioner of the Revenue. The motion was adopted by a vote of (4.-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting. against the motion; and, Supervisor Brown absent from the meeting. // Chairman Wright called for Old Business. Supervisor .Clark moved that the Board direct staff to make a report on the inspections being made at Fart Huger to .the Board at its July 6, 2006 meeting, and that staff take the necessary steps to visit the site on a weekly basis to ensure the site is not being vandalized. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and. Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting.. Responsive to Supervisor Clark relative to the .status. of the Lawnes Point wastewater and sewer discharge, Assistant County .Administrator Rountree advised that the permit has been obtained from DEQ for the Sheaffer treatment system first addressed with the Board; however, the developers .now desire to change the proposed system from the Sheaffer system to a conventional sludge treatment system, which DEQ favors. He advised that the difference in the systems is that the Sheaffer system is a zero 19 f eooN -24 ~ ~-~i.?~ discharge system, and the conventional.. sludge. treatment system is a discharge system. Supervisor. Clark. requested that the developers be prepared to address the Bo and at its Jul 6 2006. m eetin a nd nsw r ' y g a e .its. questions re ardin their g g desire to switch the two (2) systems. . Supervisor Clark stated at the most recent meeting of the Isle of Wight Ctze ns Association it was su ested a a ` th t citizens r ou gg g p be formed to review the County's:.future budgets during the budget process in order to receive citizens' input on increases before the actual budget is adopted. Supervisor .Bradshaw advised that the Board's Finance Committee has requested the Director of Budget and Finance to research what is done relative to the budget in other localities, and come back-with her suggestions and recommendations.. He noted that. Hanover County. develops a five (5) ..year Operating Budget with input from its citizens. He stated that .the public needs to be aware. that ?0% of the budget goes to the school administration and 20% goes to fund state and federal government mandates. He stated the citizens need to be requesting the School Board to reduce its funding, and going before the state and federal government officials relative to reducing mandates placed on the County. Supervisor Clark moved that the Board direct staff to examine the possibility of having a Citizens' Committee consisting of individuals from each district who have expertise in budget and finance to follow .through the .County's budget process. Staff is to advise the Board in late fall what type of structure might be successful. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors ..voting.. against the motion; and, Supervisor Brown absent from the meeting. Supervisor Clark requested the status of the events associated .with the 2007 Jamestown Celebration. He also. inquired as to what the Board intends to do for, the Isle of Wight, England visitors when they visit the County next - year. He trongly recommended that monthly meetings: be held frori this point_farward. Supervisor Bradshaw. strongly encouraged the.. individuals knowledgeable with finances who are members of the Isle of Wight Citizens Association to .attend the School Board meetings on a regular basis. He further recommended that Mrs. -Keen ask the School Board why they will not allow citizens to speak at their meetings without signing up two (2) weeks .ahead of a meeting and the School Board. voting on whether or not to let a person speak on a particular shbject. 20 . do~~ 24 .1_'?7 Supervisor Clark informed the Director of Budget and Finance that the additional positions funded by ,the. Board recently for the Sheriff s Department. need to translate into increased revenues through fines and costs to the County.. He requested that Ms. DeVary monitor those revenues, and. determine if the County is seeing. a proportionate increase in those new positions and new coverages. He stated Supervisor Bradshaw's comments that the southern end of the County does not have coverage in the evenings causes him concern, and he would recommend that staff meet with the Sheriff to see what can be done to increase the presence of Deputies in the evenings and on the .midnight shift. Supervisor Bradshaw moved that the Board direct its Board Committee on Law Enforcement (Bradshaw and Clark) to meet with .the Sheriff and develop along-range strategic. plan relative to police protection. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the. motion; and, Supervisor Brown absent from the meeting. Supervisor Clark commented that the revenue should be climbing as a result of the increase in positions, and there should be more tickets written, and he wants to insure that staff is monitoring this to insure it happens. Chairman. Wright moved .that the Board direct the Director of Public Works to rem©ve the generator that is located at the Camp Washington site and obtain cost estimates to get the unit operational so that it can be used during inclement weather and emergencies. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright. voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. Supervisor .Ivy moved. that the Board direct staff to investigate and identify property items at the Camp Washington site that can be sold at .public auction. The motion was adopted by a vote of (4-0) with, Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. Assistant County Administrator Rountree reminded: the .Board that Supervisor Brown had provided previous direction to staff to cheek with the SECEP organization to determine if this property could be utilized by that agency. Supervisor Ivy directed staff to follow through with Supervisor . Brown's previous directive first; if a negative response is received, staff is to proceed with the actions outlined in his motion. I/ 2I eoeK ~2~ .h::~~.28 County Attorney Stroman requested a Closed Meeting .pursuant to Section 2.2-3711.A.7 and A.6 to receive legal adviceregarding an agreement with the: Town of Smithfield where discussion in open session . would compromise the negotiating position of this Board; pursuant to Section 2.2- 3? 11.A.7 and A.1 to receive legal advice and discuss a personnel item regarding the non-disclosure of confidential. information; pursuant to Section 2.2-3711:A.7 to receive legal advice regarding certain. taxation matters; pursuant to Section 2.2-3711.A.1 concerning a personnel .matter to discuss the. assignment, promotion, performance, etc. of a specified public employee; pursuant to Section 2.2-3711.A.7 to receive legal advice concerning a claim received. by the County; pursuant to Section 2.2-371 I.A.7 and A.6 to receive legal advice regarding the County's. contract with respect to the operation. of the skating rink;. and, pursuant to Section 2.2-3711.A.1 concerning a personnel matter. Supervisor C ark 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 Bradshaw, Clark, Ivy and Wright voting' in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown. absent from the meeting. - Supervisor Lvy moved .that the Board return to open meeting. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting- in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. .:Supervisor Bradshaw moved that .the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, -the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with .the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board. of Supervisors that such closed.. meeting .was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors - - hereby certifies that, to the best of each member's knowledge, (i) only public business .matters .lawfully exempted. from :open meeting requirements, by 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. 22 VOTE AYES: Bradshaw,. Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE:. 0 ABSENT DURING MEETING; James B. Brown, Jr Supervisor Bradshaw moved that the Board's July 6, 2006 meeting begin at 5:00 p.m., and that staff be authorized to advertise the change in starting time. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent from the meeting. // At 9:15 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and .Wright voting in favor of .the motion; no Supervisors voting against the motion; and,. Supervisor Brown absent from .the meeting. i % ,~ Thomas J. Wr' ht, ,Chairman