Loading...
10-05-2006 Regular Meeting.~ • ~ _'1 A~Q Fed tr •'! _J ..+~ RE L GU A MEETING OF THE I SLE OF WIGHT COUNTY BOARD OF SUPERVI ORS HELD THE FIFTH DAY OF OCTOBER IN THE YEAR TWO TH USAND AND SIX PRESENT Thomas J. Wright, III,. Chairman Stan D. Clark, Vice-Chairman .James B. Brown, Jr. Thomas R. Ivy Phillip A. Bradshaw I, Also Atten ing Mark C. Popovich, Assistant County. Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County. Administrator Patrick 3. Small, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 4:00 p.m. // Supervisor Brown delivered the invocation. /I r The Pledge of Allegiance was conducted. // Chairman Wright called for approval of the agenda.. .Assistant County Attorney Popovich requested that the following- . amendments be made to the agenda: Remove Item (9), Public Works, and renumber the remainder of the agenda accordingly; under Old Business, add a second item pertaining to the Blackwater Regional Library and a third item pertaining to the Wetlands Board. Bylaws; under New Business, add an item as requested. by Supervisor Clark to discuss the authorization of expenditure. of additional funds for increased law enforcement at County schools and an item as requested by Supervisor Ivy; and, under Closed Meeting, add one (1) matter pertaining to probable litigation and one (1) matter related to .legal advice regardin FOIA. g Supervisor Clark moved that -the Board approve the agenda, as amended. The motion was .adapted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and. no Supervisors voting against the motion.... I/ 1 t Chairman Wright called for Special Presentations. Gerald. H. Gwaltney, Isle of Wight County Assessor, notified the Board of two (2) inquiries received in September 2006, in the Commissioner of Revenue's Office, from local churches regarding exemptions to the Consumer Utility Tax. He stated that the Board had originally adopted a .:Consumer Utility Tax in 1986, and subsequently amended its Ordinance in 1987 to grant exemptions to churches. He further stated that in 2000, the General Assembly adopted changes to the Consumer Utility Tax legislation,. but when the Board amended its Ordinance, the exemption. for churches had :been omitted. He requested that the Board provide direction on whether or not it wishes to amend its Ordinance to include an exemption for churches. r Supervisor Ivy inquired how much .revenue would the County lose if the :Board exempts all churches. from the Consumer Utility Tax, Mr. Gwaltney replied that the County would lose a maximum of $82,000, as there are approximately eighty. (80) churches located in the County. .Supervisor Clark moved that the Board revise the County's Ordinance to exempt churches from the Consumer Utility Tax. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,- Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor. Brown absent for the vote. Chairman Wright shared with the Board a Certificate of Appreciation given to the Board for its support of the Schoolhouse Museum. J/ Chairman Wright indicated the Consent Agenda included the fallowing items: A Change in Board of Supervisors' Regular Meeting Dates of October 19, 2006 to October 16, 2006 and November 16, 2006 to November 15, 2006 Resolution of the Board of Supervisors of .,Isle of Wight :.County,-.Virginia to Change its Meeting Schedule Adopted by the Board of Supervisors.: on January S, 2006 B. Voting Credentials for the VACo Annual Business Meeting C. Resolution of Recognition - "Native .American Heritage Month" and the "Lsle of Wight County Publique Ffaire (1670-1770)" 2 Resolution of Recognition for Native American Heritage Month and the Isle of Wight County Museum Foundation's Re-Creation of an Historic "Publique Ffaire" D. Proof of Residency/tlse of Convenience Centers E. DEQ/Public Notice dated September 18, 2006 F. Preliminary Site Plan for Sinclair Telecable, Inc. G. Delinquent Real"Estate Tax Collection Monthly Report H. September 7, 2006 Regular Meeting Minutes I. .September 12, 2006 Special .Meeting Minutes Supervisor Bradshaw moved that the Consent Agenda be approved 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 far the .vote. // Chairman Wright called for Regional Reports. Chairman Wright reported that the litigation. matter between the Southeastern Public Service Authority {SPSA) and the City of Chesapeake was discussed at the last Authority meeting. He noted that representatives of the City of Chesapeake were also present, and that Mayor Edge had stressed that the City of Chesapeake desires SPSA. to be a thriving business of which the City of Chesapeake could be a part of. County Administrator Casket' added that. the regional Chief Administrative Officers .for Southside are working in conjunction with a technical group and would be bringing back a recommendation within the next two (2) weeks regarding certain SPSA matters. Supervisor Bradshaw requested that County Administrator Casket' direct his staff to send an a-mail to the Board members reminding them of the Founders Inn Investors' Luncheon. Supervisor Bradshaw reported that the Board's Finance Committee is discussing the need to hold a joint meeting between;the School Board and the Board of Supervisors before the end of the year to ensure compliance with the Freedom of Information Act.. He advised that he and Supervisor Wright .serve on the Board's Finance Committee,. and that Supervisor Ivy had also 3 • nn~~ been present at : a recent meeting, but that he had not participated in the discussion. He advised that County staff will present the budget .process and Strategic Plan in conjunction with the School Board in an'effort to improve communications between the two. (2) bodies. He advised that staff had been directed, at the Finance Committee's meeting, to review ,the communications: aspect of the budget process; to conduct additional meetings;. and, to develop a funding. formula for utilization between the School Board and the Board of Supervisors. Chairman Wright requested County Administrator easkey to develop I, and send a set of minutes to The Smithfield Times and The Tidewater News outlining the general :discussion that had taken place at-the last joint Finance Committee meeting between the. School Board and the three (3) members of the Board` of Supervisors. Supervisor Bradshaw advised that Sheriff Phelps would be presenting a Strategic Plan and proposal to the .Board at its November 2,.2006. meeting concerning the Sheriff's Department's .long-range. plans to increase its number of deputy positions and vehicles in that Department. Supervisor Ivy reported on the recent meeting with.: the School. .Superintendent. in which the. need to hold another meeting with school security and: local law enforcement agencies was discussed to review current security action plans and best practices that the schools may .not be currently implementing. He advised that the, results of that meeting would be shared with the School Board and theBoard of Supervisors. Sheriff Charles W. Phelps advised. that a tentative meeting has been set for Tuesday, .October 10, 2006 at 10:00 a.m. in Dr. McPherson's office. located. behind the Westside Elementary School. Chairman Wright advised that he would be attending the meeting in place of Supervisor Clark who would be out of town on .that date. Sheriff Phelps briefed the Board on .recent efforts. undertaken in xesponse to the shooting incident .that occurred in Pennsylvania. He advised that a deputy has been assigned to each County school facility, and that the Town of Smithfield is assisting by providing officers at the Hardy and Westside Elementary Schools. He further advised that these efforts will continue as long as necessary in order to ensure. that the County's schools remain safe. Chairman Wright requested County Administrator. Caskey to advise the Mayor of Windsor by e-mail about the meeting on Tuesday, October 10, 2006, in Dr. McPherson's office. 1 t~gr,y Z•~ '~~~:?~ Sheriff Phelps advised .that he would be sending. an a-mail to the Windsor Chief of Police inviting him to the meeting on Tuesday, October 10, 2006, at IO:OO a.m., in Dr. McPherson's office. Supervisor Bradshaw directed Mr. Robertson to issue a joint public service announcement to the newspapers, to include the County, schools and. the Sheriff's Office, regarding what is currently being done with respect to security in school facilities. Supervisor Bradshaw reported on the Southern. Development Committee communit meetin that was held on Tuesda October 3 2006 at , Y g Y the Carrsville Elements ch 1 h w w S oo . He stated that t e meetin as ell rY g attended, and he publicly thanked County Administrator Casket' and his staff for the excellent presentation that was provided. // Chairman Wright called for Transportation Matters. Sandon S. Rogers distributed information handed out at the most recent .Transportation Technical Committee meeting .held at the Hampton Roads Planning District ,Commission {HRPDC) relative to House and Senate Bills that .had passed and failed during the Special Session for Transportation. He also distributed a copy of the Code of Virginia pertaining to Revenue Sharing funds.. He stated discussions with the VDOT Central Office have revealed that VDOT has not approved any revenue sharing for FY07. He stated the preliminary report on Revemie Sharing funds indicates that over $1 million dollars must be committed in order for a jurisdiction to participate in the . Revenue Sharing Program, with a cap at $15 million dollars. He offered to .keep the Board apprised as additional information on Revenue Sharing funds is received. Chairman Wright .notified Mr. Rogers that -the Central Hill area at North Carolina and Florida Avenues is backed up with water and is causing a mosquito problem in that area. Supervisor Clark requested that Mr. Rogers discuss the, feasibility of expanding the right turn lane onto Route 10 at Turner Drive at the Smithfield High .School with the VDOT ResdencyAdmnistrator. Supervisor Bradshaw directed Mr. Rogers to request .that VDOT personnel .make an on-site visit in Walters relative to Mrs. Jernigan's concern with her yard. J/ Chairman Wright called for Citizen's Comments.. 5 ~ ~yr. ~~. ]1 Herb DeGroft advised that the new critical facilities rnap was presented at the most recent meeting of the .Commission on Aging relative to disaster , preparedness. He invited the Board to attend the Senior Health Fair. at The Smithfield Center between 1Oc00 a.m. and 2:00 p.m., on Thursday, October 12, 2006. J/ ~P Chairman Wright called for the County Attorney's report. Assistant County Attorney Popovich advised that he had. no matters for i discussion in open session. i ~~ ~ Chairman Wright called .for the Parks and Recreation. Report. . Alan S. Nogiec, Director of Parks. and Recreation, updated the Board relative to the Fort: Huger project. He advised that ameeting-had been held between the consultant and members of other organizations relative to the continuation of :the archeological review. and unexploded ordinance issue: He advised -that proposals will be presented to Scott Courtney who will advise staff on the -cost for incorporation into the County's budget. Supervisor Clark inquired if staff had sent the letter requesting military assistance with ordinance detection and removal. Mr. Nogiec replied that. he .had not sent the letter because he was awaiting receipt of a draft letter from Mrs. Gardner to ensure that all of her concerns were addressed. Supervisor Clark moved that the Board direct the Director of Parks and Recreation to send a letter to Senator Randy Forbes' office requesting assistance in the ordinance detection and removal, and in tree removal in conjunction with .exercises involving helicopters. 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. Mr. Nogiec advised that the next meeting of the Committee is scheduled for Wednesday, October 18, 2006 at the Fort Huger. site. He stated the Committee. will be identifying which trees need to be removed and discussing. what route is best to access the Fort. Chairman Wright inquired about the status of Supervisor Clark's motion at the Board's September 7, 2006 meeting that the Boarddirect Alan Nogiec, Director. of Parks- and Recreation, and staff to return on the Board's September 21, 2006 meeting with specifics on how beautification efforts will 6 90~~ 24 ~~-: -`333 be coordinated between the other Committees and the Towns of Smithfield and Windsor. Mr. Nogiec advised .that the .Beautification Committee intends to provide the above information at the Board's November 2, 2U06 meeting. // Chairman Wright called for the County Administrator's report. County Administrator- Caskey presented a Resolution to Formally Endorse Phillip A. Bradshaw for Secretary-Treasurer of the Virginia Association of Counties for the Board's consideration. Chairman 'Wright .moved that the Board adopt. the following Resolution: . RESOLUTION TO FORMALLY ENDORSE PHILLIP A. BRADSHAW FOR SECRETARY-TREASURER.. OF THE VIRGINIA ASSOCIATION OF COUNTIES WHEREAS, Phillip A. Bradshaw has served on the Isle of Wight County Board of Supervisors since 1994; and, WHEREAS, Supervisor Bradshaw has been actively involved as a member of the Board of Directors of the Virginia Association of Counties (VACo) since 1.939; and, WHEREAS, Supervisor Bradshaw has announced his candidacy for the position of Secretary-Treasurer for the Board. of Directors of VACo; and, WHEREAS, Supervisor Bradshaw's academic training, experience in the private and public sectors, along with his tenure on the VACo Board of Dhectors :make him .uniquely qualified for the position of Secretary- .Treasurer. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, .Virginia formally endorse the. candidacy of Phillip A. Bradshaw for theposition of Secretary- Treasurer for the Board of Directors of VACo. 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. Liesl R. DeVary, Director of Budget and .Finance, presented a Resolution. to Appropriate Funds for School Carryover Obligations for the Board's consideration. s a'IrR ~~ . '~34 Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TfJ APPROPRIATE FUNDS FOR SCHOOL CARRYOVER OBLIGATIONS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of carryover funds to cover approved expenditures. from the School Operating Fund Balance at June 30, 2006 to the FY 2006-07 School Operating Budget; and, WHEREAS, the funds in the amount of one hundred three thousand seven. hundred eighty-two dollars ($103,782) is available in the. School Operating Fund Balance and. has been. approved for appropriation to the FY 2006-07 School Operating Budget of the County of Isle of Wight. 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 three thousand seven hundred eighty-two dollars ($103,782) from the Fund Balance of the .School Operating Fund be appropriated to the FY 2006-07 School Operating Budget of the County of Isle of Wight. 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. i i Ms. DeVary presented a Resolution to .Appropriate. Funds from the Designated Fund Balance for the Completion of Various-Capital Projects for Schools for the Board's consideration. 4 ~ a .. Supervisor Bradshaw .moved that the Board adopt the following , Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE. DESIGNATED. ~ FUND BALANCE FOR THE COMPLETION OF VARIOUS CAPITAL PROJECTS FOR SCHOOLS WHEREAS, .the Board of Supervisors of the County of Isle of Wight, Virginia .has approved the carryover of previously appropriated funds for various .capital projects for .Isle of Wight County Schools; and, WHERAS, the funds in .the amount of five hundred thirty-three thousand three. hundred ninety-one dollars ($533,391) need. o be appropriated to complete various approved Capital Budget projects from the Designated Fund Balance to the fiscal year 2006-07 Operating. and Capital Budget of the. County. of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by-the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of five hundred thirty-three thousand three hundred ninety-one dollars {$533,391) from the Designated Fund Balance be appropriated to the fiscal year 2006-07 Operating and Capital Budget of the County of Isle of Wight. 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 thingsnecessary 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. Ms. DeVary presented a Resolution to Appropriate Carryover Funds for School Textbook .and Health Insurance Expenditures .for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the fallowing Resolution; RESOLUTION TO APPROPRIATE CARRYOVER FUNDS FOR SCHOOL TEXTBOOK AND HEALTH INSURANCE EXPENDITURES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the. appropriation of textbook and health insurance funds to the School Board to cover expenditures incurred during FY 2006- 07; and, WHEREAS, funds in the amount of five million five hundred fifty-six thousand three. hundred sixty-three dollars ($5,556,363) need to be appropriated from .the. textbook and health insurance fund balances in the amounts of ..seven hundred twenty-eight thousand sixty-three dollars ($72&,063) and four million eight hundred twenty-eight thousand three hundred dollars ($4,$28,300) respectively to cover approved expenditures in the noted funds to be incurred in .the FY 2006-07 Operating Budget of the County of Isle of Wight, Virginia. 9 ___ NOW, THEREFORE, BE IT AND IT IS .HEREBY RESOLVED by the Board of .Supervisors of the County of Isle of Wight, Virginia that five million five hundred .fifty-six thousand three hundred .sixty-three, dollars ($5,556,363) be appropriated .from the textbook. and health insurance fund balances in the amounts of seven hundred twenty-eight. thousand sixty-three dollars ($728,063) and .four. million eight hundred. twenty-eight thousand three hundred dollars .($4,8.28,300) respectively. to the FY 2006-07 School Budget of the County of Isle of Wight. 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. Ms. DeVary presented a Resolution to Accept and Appropriate $2,049,963 from the State and Federal Governments for Carryover Grant .Programs for the Board's consideration: Supervisor Bradshaw moved that the Board adopt the following ~ Resolution: RESOLUTLON TO ACCEPT AND APPROPRIATE TWO MILLION .FORTY-NINE THOUSAND NINE HUNDRED SIXTY-THREE DOLLARS FROM THE STATE AND FEDERAL GOVERNMENTS FOR CARRYOVER GRANT PROGRAMS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received grant funding for variousgrant programs; and, WHEREAS, the following funds in the amount of two million forty- nine. thousand nine hundred sixty. three dollars ($2,049,963). need to be accepted and appropriated to the 2006-07 Operating Budget of the County of Isle of Wight, Virginia: Grant State Federal __MV Selective Enforcement: 5,405.35 Home Program ------ 259,807.17 !Pesticide Rec clip rrV-St°1~ Homeland Securt 1,947.18 11,060.93 24,21.8,94 CDBG Booker T, Estates 1,356,113.05 HazardMiti ation 157,477:23 178,859.97 ~Emergenc Mana ement 1,802.80 10 1 90~~ 24 .;~.~~~? OVA Port Authority 39,850.00 ~Emergeney Services _Equi~ 542.90 ~ ~DEQ (Oil Clean-up) ` 1,877.40 1 570 610.E 479 2. 6 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the amount of two million forty-nine thousand nine hundred sixty three dollars ($2,049,963) to be received from the above grant programs be accepted and appropriated to the appropriate line items in the 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. Ms. DeVary presented. a Resolution to Appropriate Funds from the. Designated Fund Balance for the Completion of Various Carryover Operating and Capital Projects for the Board's consideration. Supervisor Bradshaw moved that the Board adopt. the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE FOR THE COMPLETION OF VARIOUS CARRYOVER OPERATING AND CAPITAL PROJECTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has .approved the. carryover. of previously appropriated funds for various operating and capital projects; and, WHEREAS, the funds in the amount of two million eight hundred ninety-two thousand three hundred forty dollars ($2,892,340) need to be appropriated to complete various approved Operating and Capital Budget projects from the Designated Fund Balance to the 2006-07 Operating and i .Capital Budget of the County of.Isle of Wight.. NOW, THEREFORE, BE IT AND IT IS HEREBYRESOLVED.by the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of two million eight hundred ninety-two thousand three hundred forty dollars ($2,892,340) from the Designated Fund Balance be appropriated to the 2006- 07 Operating and Capital Budget of the County of Isle of Wight. 11 r w BE IT FURTHER .RESOLVED that the County .Administrator of the County of .Isle of Wight, Virginia is authorized o make. the .appropriate :.accounting adjustments in the budget and to do alI 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' requested the Board's direction ...regarding the 2007 Legislative Priority List contained in the agenda. Supervisor Clark moved -that the Board adopt the 2007 Legislative Priority List, as presented. 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 Appointments. Supervisor Bradshaw moved that the Board accept the resignation. of John Patterson from the .Wetlands 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 Clark moved that the Board reappoint Malcolm Clark to serve on the Commission on Aging representing .the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy -and Wright .voting. in, favor of the motion, and no .Supervisors voting against the motion. Supervisor Bradshaw requested that Ms. Storm follow-up with Sheriff Phelps on the status of the Isle of Wight Substance Abuse Advisory Council... Supervisor Clark moved that the. Board_ appoint Chairman Thomas J. .Wright to serve as a voting member on the .Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy. and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor .Clark further moved that the Board appoint County Administrator Casket' to serve as a voting member on the Western Tidewater Water .Authority. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. 12 90~K 24 -'~3i~ Supervisor Clark moved that the Board appoint Supervisor Ivy to serve as a voting member on the Western Tidewater Water Authority. The motion was: adopted by a vote of (5-0) with .Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in .favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved. that the -Board appoint Assistant County Attorney Popovich to serve as an alternate on the Western Tidewater Water Authority. 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 accept the resignation of Ted Hoagland on the Beautification Committee. The motion was adopted by a -vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting. in .favor of the motion, and no .Supervisors voting against the motion. Supervisor Bradshaw. requested Ms. Storm to notify him by a-mail if a vacancy exists on the Beautification Committee for the Carrsville District. // Chairman Wright, called for OldBusiness. County Administrator Caskey .advised the Board that Chad Cutchin's previous request for financial support associated with the. National Tennis Championship event being held on October. T9-22, 2006, in Tucson, Arizona, ..does notmeet the County's minimumcriteria for 20% Isle of Wight citizen .participation by the organization. He stated Mr. Cutchin is only one (1) of six (6) participants on the team who is a resident of the County. Assistant County Attorney Popovich noted that included in the Board's agenda is a copy of a letter addressed to him from Attorney Russell O. Slayton, Jr., representing the Board of Trustees. of the Blackwater Regional Library Board, requesting acceptance of the Board's comments to the original ..draft contract, and offering an explanation as to why it was taking so long to get back with staff with .the appropriate information. He noted that County Administrator Caskey had also distributed a second letter prior to the meeting .tonight, .addressed to Mr. Caskey, ..dated October 4, .2006, from Attorney Russell O. Slayton, Jr. suggesting a timeline upon which he would be getting back to the Board`. Supervisor. Bradshaw .moved that the .Board direct County Administrator Caskey to coordinate and host a regional effort. 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. 13 F .. - 1 Assistant County Attorney Popovich recalled discussion by the Board at its previous meeting regarding whether or not the Wetlands By-laws had been officially adopted. He advised that he had checked the minutes, and determined. that the By-laws do need to be formally adopted :with the revisions as suggested by the Board. Supervisor Clark moved that the Board adopt the.. Wetlands Board By- laws. 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 direct the County Administrator to meet with he School Superintendent to discuss the issues and concerns being encountered by the school administration with-the STOP organization, as well as the possibility of the schools withdrawing from that organization because. of that organization not meeting the needs . and requirements of the. schools. The motion was adopted by a vote of (5-Q)-with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against. the motion. Supervisor Clark moved that the Board direct the Director:of Budget and Finance to return with an appropriations resolution appropriating the funding necessary to cover past and. upcoming expenses of law enforcement. personnel in order to have a Deputy present. at each .County school during school hours in response to the recent shooting incident that occurred in Pennsylvania. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,. Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the Board direct the Director of Human Resources to conduct a .review of the. salaries of County dispatch positions and .various. communications centers with the other surrounding localities... .The motion was adopted. by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor. of .thee. motion, and no Supervisors voting against the motion. With respect. to emergency response times, Supervisor Ivy moved that the Board direct staff to recommend by the Board's October 16, .2006 meeting what it will take to get an ambulance or rescue squad out from either of the three (3) agencies immediately after a R 11 call.. at feast 90% of the time when they are. asked to respond from dispatch. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the .Board ratify its actions from Closed Meeting at its September 2I, 2006 meeting with regard to payment to the County Attorney/Assistant County Attorney during the interim. period of time. The motion was adopted by a vote of (5-0) with. Supervisors Bradshaw, 14 . ~Q~r ?4 : ~ .`341 Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors toting against the motion. // Supervisor Bradshaw moved that the Board take a recess until 5:00 p.m. at which time the public hearings will be conducted. 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. /1 At 5:00 p.m., 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. // Chairman Wright called for a public hearing on the following: An Ordinance to Amend Chapter I5. Taxation. Article II. Real Estate Taxes, Section 15-7. Exemption or Deferral for the Elderly and Handicapped. Assistant County Attorney Popovich certified that the public hearing had been properly advertised. Chairman Wright called far persons to speak in favor of, or in opposition to, the proposed Ordinance,. Grace Keen advised that the Commission on Aging had voted to accept the Board's proposed Ordinance. .She thanked staff for clarifying the wording in the proposed Ordinance as it made it easier for the general public to understand. Chairman Wright closed the public hearing and called for comments from the Board. .Supervisor Bradshaw moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND CHAPTER 15. TAXATION. . ARTICLE II. REAL ESTATE TAXES. SECTION 15-7. EXEMPTION OR DEFERRAL FOR THE ELDERLY AND HANDICAPPED 15 `r'r ~~ _'342 BE IT, AND IT IS HEREBY ORDAINED, by the Board . ,of a Supervisors of Isle of Wight County, Virginia, that Chapter.l S, Taxation, Article II, Real Estate Taxes, Section 1 S-?, be amended to read as follows: Sec. 15-7. Exemption or deferral for the elderly and :handicapped, (a)Real estate tax exemption or deferral is provided for .qualified property owners or partialowners who are either: (1) Heads of households and sixty-five (65) years of age and older; or (2) Permanently and totally .disabled and who are eligible according to other terms of this section, as provided. in subsection (b) of this section. . (b)Exemption or deferral shall be granted to qualifying persons subject to the following provisions: (1) The title of the .property for which exemption or deferral is claimed is held, or partially held, on December 31 of the immediately preceding taxable year by the person-claiming exemption or deferral; (2) The person claiming the. exemption or deferral was, as of December 31 for the year immediately preceding the taxable year, either: I a. Sixty-five (6S) yearn of age or older, or b. Permanently and .totally disabled, which, for the purposes of thin-section, means to be unable to engage in any. substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can`be expected to result in death or can be expected to .last for the duration of such person's life. (3) The total combined income during the immediately preceding calendar year from all sources of the owners of the dwelling living therein does not exceed thirty-five thousand dollars ($35,.000.00); provided, that the first six thousand five hundred dollars ($6,500.00) of income of each relative, .other .than spouse, of the owner or owners, who is living in the .dwelling,: shall not be included in such total. The county, in subsequent tax years, shall increase the thirty-five. thousand dollars ($35,000.00) combined income limit by the. Consumer Price Index for Urban. Wage Earners and Clerical Workers (CPI-W), provided such increased amount .shalt not exceed the .Limits imposed by Section 58.1-3211 of the Code of Virginia (1950, as amended); (4) The net combined financial worth, including equitable interests, as of December 31 of the immediately preceding calendar year, of the owners and the spouse of any owner, excluding the value of the dwelling and the 16 Fo~~~ 24 ~~ ~~4 land not exceeding one (1) acre upon which it is situated, does not exceed one hundred fifty thousand dollars ($150,000.00); The county shall annuallyincrease the net combined financial worth limit by an amount equivalent to the percentage increase in .the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W}, for the twelve-month period ending September 30 of the year immediately preceding the affected tax year. (5) Changes in respect to income, financial worth, ownership of property or other factors occurring during the taxable .year for which the affidavit .shown in subsection (fj(2) of this section is filed and having the effect of exceeding or violating the limitations andlor conditions of this section, shall nullify any relief from real estate tax liability for the current taxable year and the taxable year immediately following. (c) When the person or persons claiming exemption or deferral conforms to the standards and does not exceed the limitations contained in .this section, the -tax exemption or deferral. is on the sole dwelling owned and occupied by the applicant or applicants and up to one (1) acre of land upon which the dwel-ling is situated. (d) If the person elects exemption or deferral, the real estate described in this section shall be exempt from the following percentages of the real estate taxes based upon. the total combined income as described in paragraph (b)(3) above:.. Range of Income Exemption 0 - $20,000.00 100% up to a maximum of $800.00 $20,001.00 - $25,000.00' 75% up to a maximum of $8.00.00 $25,001.00 - $30,000.00 50% up to a maximum of $800.00 $30,001.00 -.$35,000.00 25% up to a maximum of $800.00 $35,001.00 and above 0% provided,. that if the. ownership of the property for which the application is made is not held.. solely by the applicant, or jointly .with the applicant's spouse, than the. amount of the tax exemption, hereunder, shall be in proportion to the applicant's ownership interest in the subject real property,. as that ownership interest. may appear. (e} If the person elects deferral. of real estate taxes granted by this section, the accumulated amount of taxes deferred shall be paid, without penalty and without interest on the amount so deferred upon the sale of the property or one (1) year from the date of the death of the owner of the property, who received the deferral, and from that time an interest shall be at the rate of eight percent (8%) per annum until paid. Such deferred real estate taxes shall constitute a lien upon such real estate. I7 do~~K 24 ~~::~344 (f) (1) The Commissioner of the Revenue, or his authorized designee,- shall administer the exemptian or deferral according to the general- provisions of this section. The .Commissioner is hereby authorized and directed- to prescribe forms and make .such .further inquiry of persons applying for exemption, or deferral, including the requirements of answers under oath, production of certified tax returns and appraisal reports or other proofs, as .may be reasonably necessary to determine income, financial worth and qualifications. (2) Annually, and not later than October 15 of the taxable year, the person or persons claiming an :exemption or deferral must file. a real estate tax exemption affidavit .with the Commissioner of the revenue. The affidavit shall set forth, in a manner prescribed by the Commissioner, the location and assessed value of the property, the names of related persons occupying the dwelling for which exemption or deferral is claimed, the gross combined incomes of such persons, the net combined financial worth of such persons, the age. or nature of the disability of the applicant -and, if the person is eligible. for social security, a certification by the Social Security Administration or, if such person is not .eligible for social security, a sworn affidavit by two medical doctors. licensed to practice. in the state, to the effect that such person is permanently and totally disabled as .defined in subsection (b)(2)b of this section. (g)Any person. who has title to real :estate transferred to his name after he becomes permanently and totally disabled or reaches age sixty-five (65), solely for purposes of obtaining the benefits permitted under this section, shall be disqualified. from obtaining the exemption or deferral created by this- section. (h)This section shall apply.. to tax bills due in June, 1993 and semiannually thereafter until amended or repealed. (11-7-74, Sections 1, 2; 11-3-77, Sections 1 to 6; 8-6-81; 6-21-84; 3-4-93; 8-23-04; 2-17-05.) This ordinanceshall be effective for real estate taxes .for the fiscal tax :year beginning July 1, 2006, and ending June 30, 2007, and subsequent fiscal tax years, and shall be effective for. mobile homes for the calendar year .beginning. January 1, 2006, and ending December 31, 2006, and subsequent calendar tax years. For state law as to authority of the county to enact this section, see Code of Virginia, Section 58.1.-3210(1950, as amended). The motion was adopted by a vote of (S-0) with Supervisors Bradshaw, Brown, Clark, Tvy and Wright .voting in favor of the motion, and no Supervisors. voting against the motion. Chairman Wright called for a public hearing on the following: 18 .?per ~~ .. ~~4. An Ordinance to Amend Imposed Taxes for Isle of Wight County, Virginia, For Fiscal Year July 1, 2006, through June 30,.2007.- Assistant County Attorney Popovich certified that the public hearing. had been properly advertised. Chairman Wright called for persons to speak in favor of, or in opposition to, the proposed Ordinance.. Nicky Sabina, of 329 Grace Street in Smithfield, spoke in opposition to an increase in property tax levies. She stated .that the Board had not streamlined the redundancy of County and school system services; the Board had not reduced expenses related to operation; and, the Board had not been fiscally conservative in budgeting for the temporary school administration building. Volpe Boykin, of 4056 Burdette Road in Walters, spoke in opposition to increased property taxes. He noted that there are many seniors in the County who do not quality for tax exemptions because they are not indigent, but who do want to keep their family farms.. He stated the per capita for children attending the County's public schools are higher- than that of any private school. Julie Hopkins, owner of residential property located at 107 Barclay Crescent, Smithfield,. and commercial property located at 1801 South Church Street, Smithfield, advised the Board that her property experienced a 66% increase. She stated that existing businesses are in need of tax relief, and she warned that commercial businesses will not continue to locate in Smithfield because of these. outrageous taxes. Chairman Wright .closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Board adopt the following Ordinance: 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 o€ Supervisors of the County of Isle of Wight, Virginia, to-wit: .That where is hereby levied retroactively far the fiscal year beginning July. 1, ZOOb through June 30, 2007, a tax of $0.53 per One. Hundred Dollars ($100.00) 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; and 19 • BE IT FURTHER ORDAINED AS FOLLOWS; (a) That all proceeds received for the fiscal year beginning July 1, 2006, through June: 30, 2007, from the County general tax rate levies, ..from other local revenue, from federal and state funds and supplements and from all other funds and sources for. general County functions and purposes, . inc uding 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, shalt be used for such functions and purposes and to defray the charges and expenses of said County and all. necessary charges incident to or arising from the execution of the lawful authorization of the Board of Supervisors of this County; (b) That lump sum appropriations are hereby made on an annual: basis for the fiscal year beginning July 1, 2006, through June 30, 2007, 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 for such item or category and the County Administrator is hereby authorized to make line item transfers within categories and from category to category so long as the transfers of line items are within the budget and do not exceed,the funds available for such purpose. (d) That all encumbered .funds. which. are earmarked for specific projects, which are not expended during the current fiscal' year, will be carried over as encumbered funds for said, projects .for the- ensuing years unless the encumbrances are removed by action of the Board of Supervisors. (e) That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "funds" in the aforesaid budget estimates -from the General. Revenue Fund, from time to time, as monies become available,. sums equal to, but not in excess of, the appropriation herein made to such "funds", for the .functions and .purposes therein indicated from the General Revenue Fund for .the. period covered. by this appropriation Ordinance. (f) That the Treasurer of Isle of Wight County is hereby authorized. to honor and pay all warrants and to pay out funds from the .various "funds" indicated in said Budget estimates for. any contemplated expenditure for which funds have been made available and appropriated for such contemplated expenditures. {g) That. this. Ordinance be entered in the .Minutes of this Board of Supervisors and that a copy thereof, by the Clerk of this .Board,. be furnished to the. Treasurer of this County. The motion was adopted by a vote of (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 a public hearing on the following; ~Q~K 24 .; _~:~47 1 BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: That, in accordance with the Personal Property Tax. Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2006 shall be set at sixt}~ percent (60%) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100%}. 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 Attorney Popovich requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information.: Act An Ordinance to Implement Personal Property Tax Relief in Isle of Wight County, Virginia, for Calendar Year 2006. Assistant County Attorney Popovich .certified that the public hearing was properly advertised. .Chairman Wright called for persons to speak in favor of, or in opposition to, the proposed Ordinance. No one appeared. . Chairman Wright closed- the public hearing and called for comments from the Board. Supervisor Bradshaw moved .that the Board adopt the following Ordinance: AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA,. FOR CALENDAR YEAR 2006 concerning consultation with counsel and briefings by staff members pertaining to probable .litigation; pursuant. to Section 2.2-371 iA.7 concerning consultation with legal counsel employed by a public body regarding legal advice- regarding the Freedom. of Information Act; and, pursuant to Section 2.2-37I 1.A.7 consultation with legal counsel employed by a public body regarding specific legal matters with regards to probable litigation. ~, ~~~~ 24 ~~~ X48 Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated by the Assistant 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: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed. meeting on this date ursuant to an affirma ' p tive recorded vote. and m accordance with the provisions of the Virginia Freedom of Information Act, and, WHEREAS, Section 2.2-3? 12.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: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ` AB-SENT DURING MEETING: 0 There was. no actionfollowing-the Closed Meeting. // At 5:50 p.m., Supervisor moved the Board adjourn its meeting: The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, 22 1 Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion.. i T mas J. Wr ht, I ,Chairman W. Dougl a ey, Clerk