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11-15-2006 Regular Meeting_- r eo~~f 24 ~N:~~~.7 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF :SUPERVISORS HELD THE FIFTEENTH DAY OF NOVEMBER 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: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 6:OU p.m. // Supervisor Bradshaw delivered the invocation. ' // ~~ The Pledge of Allegiance was conducted. ~, // Chairman Wright called for Approval of the Agenda. Interim County Attorney Burton requested that under the County ~~ Administrator's report, a Resolution in .Recognition of the Cheroenhaka I~ Indian Tribe. Peake Belt. and Pipe Ceremony be added and that under the Closed Meeting, two (2) items be added: the first regarding legal matters requiring the provision of .legal advice and the second relating to receipt of legal. advice regarding probable litigation. Supervisor ivy 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 consideration of the Consent Agenda. I 1 s A~<< 24 -~~:~~~.8 A. Infrastructure Bids -:Booker T. Estates Resolution to Appropriate Funds from the Unappropriated Fund Balance for Booker T. Estates. Infrastructure B Ha d Mi i i , zar . t gat on Grant Pre-application C. Invitation to Governor Kaine D. Nike AJAX Missile Obtainment ` Resolution to Participate in the U.S. Army TACOM Life Cycle Management Donations of Combat Materiel to Municipalities Program S E. Development of a-Skate Park/Southern Isle of Wight County F. Declaration of Surplus Property Resolution to Deem. Certain Property as Surplus Equipment G. Transportation Safety Committee } H. Engineering Services Agreement Form Resolution to Adopt Engineering Services Agreement Form I. Planning Commission Action List of October 24, 2006 J. October l 6, 2006 Regular Meeting Minutes Supervisor ..Clark .moved that Item (G.), Transportation Safety Committee, be removed from the Consent Agenda, as requested by Chairman Wright, and approve the remaining items. 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. 7 #' Chairman Wright noted. that a .resolution had not originally been ? included in the .agenda under Item (G.) to dissolve the Transportation Safety Committee. .' S p i Cl k u erv sor ar moved that the Board .adopt the following Resolution to Dissolve the Transportation Safety Committee: RESOLUTION TO DISSOLVE THE TRANSPORTATION SAFETY COMMITTEE 2 JI WHEREAS, the Isle of Wight County Transportation Safety Committee was created prior to -1990 and charged with the responsibility of studying and advising the Isle of Wight County Board of Supervisors on all matters related to transportation safety within Isle of Wight County, Virginia; and, WHEREAS, since that time,. those same responsibilities have been assumed by Isle of Wight County staff; and, WHEREAS,. the Transportation .Safety Committee has .only met on a sporadic: basis over. the past. several years and on several. occasions has even failed to achieve a quorum. NOW, THEREFORE, BE IT AND. IT IS HEREBY RESQLVED that the Board of Supervisors of the County of Isle of Wight, Virginia dissolves the Transportation Safety Committee effective immediately. 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. County Administrator Caskey advised the Board that letters would be sent to the members of the Transportation Safety Committee thanking them for their years of service. // Chairman Wright .called .for Regional reports. Supervisor Bradshaw. reported .that the .legislative process is being changed to reflect more involvement by counties. He advised that following the end of next year's General Assembly- he will be hosting a meeting with. Region' 1 counties,.. to include Accomack, Northampton, Isle of Wight, Sussex, Surry, Southampton and Prinee George Counties, to review the legislative impact of the 2007 General Assembly and discuss what can be done for the upcoming 2008 General Assembly session. With respect to the 2007 NACo Conference, Supervisor. Bradshaw. .:reported that Isle of Wight County would be hosting an Activities Day bus that will travel from Richmond to Jamestown. He stated staff will be providing additional information on marketing strategies as the process moves forward. Regarding the recent VAGo Conference and the various sessions attended by Board members, Supervisor Bradshaw reported that Senator Hanger held a ,session on Senate finances which analyzed the State budget and Federal.. impacts. He stated that Senator Hanger will postpone 3 introducing transportation legislation at the upcoming General Assembly session because it will be a session of no interest, as everyone is up for re- election. He stated that Senator Hanger did advise that the Senate Finance Committee is considering streamlining the sales tax and using the national .standard in order to make Virginia comparable with other states; revising the income tax by creating higher income brackets; giving all localities the ability to .tax cigarettes; giving :counties the .same taxing authority as towns and cities on a gradual basis.; that there is a need for the State to either take over full responsibility of the car tax or send it back to localities; and that the Governor had vetoed theMachinery and Tools Tax. Supervisor Bradshaw reported that Delegates Kilgore and Moran did not agree on how transportation concerns should be addressed. He advised that Governor Kaine is in the process of appointing a Transportation. Coalition Group and-VACo has appointed him as the rural representative. He advised that as VACo's CSA representative, he will be attending a meeting . set up by Senator Hanger next week relative to the escalating cast of .the program and its impact. across the State. He stated that he would be passing information along to the Director of Budget and Finance relative to the session he attended on the Compensation Board. Chairman Wright .formally announced that Supervisor Bradshaw had been elected Secretary/Treasurer of VACo. Supervisor Clark reported that VDOT's mission, as a result of the budget impasse and lack of new transportation dollars and dedicated funding. sources, is to do more with. less. He stated realistically fewer dollars equals fewer services provided by VDOT to localities. He stated that without new funding sources, it is only a matter of time before localities will have to` decline Federal funding dollars, which is a substantial source of funding in the Commonwealth for transportation matters. He stated that soon. there will not be any new construction and. secondary. roads funds will be affected. as well.. He .stated that the County's rising costs are a ripple effect from unfunded mandates. He stated that at today's meeting of the Hampton Roads Planning District Commission, it was revealed that the stormwater management plan will cost the County :additional .money, in positions and fees. He stressed the importance of the Board members attending the annual VACo Conference so that they remain informed on issues. happening around ` the State. He stated if the County does not participate in the Conference, its legislative .agenda is not heard. He stated that by-right clustering legislation passed in the last session. of the General Assembly, which is required. if a locality has grown 10% in the past census period.. He stated if the County meets that requirement, it will drastically change how some rezonings are handled. He .stated, with respect to Governor Kaine's initiative to have VDOT involved on development issues from the beginning, VACo wants to ensure that VDOT is involved on an advisory level only. Supervisor Ivy .reported on the proposed grading system and Pre-12 Initiative, both of-which will be mandated irrthe schools. Supervisor Ivy stated that pollution within the Commonwealth, water quality;. land use preservation; and the status of the cleanup of the Chesapeake. Bay were discussed. He stated that the Governor's initiative is to put into conservation 400,000 acres of land, and this Board is committed to participate in that process. He stated that 9,000 miles of rivers are polluted, 109,000 acres of .lakes are polluted and .2,216 .miles of tributaries are polluted.. He stated the Department of Natural Resources is requesting $620,000,000 to enact a plan in January .2007 to advise. how the pollution problem will be addressed through environmental mandates... He stated that the State's fiscal responsibility .will be moved to the local level .and the State is experiencing a lack of Federal .funding that was once available. He stated there will be a 50% funding ..match from the State for lands acquired for conservation easements and any donations to conservation easements will qualify a tax payer -for a deduction; between 30%-50%, which can also be taken over a 15-year period, for qualified ranchers and farmers. He stated that the State is considering tax credits for gifts ofconservaton easements at 40% of the value of the gift, which can also be transferred to family members. He stated. with respect to licensing regulations of cable television systems, there will be a 5% across-the-board tax on cable and phone companies, which will,allow the County to be more efficient in the manner in which it collects those taxes.. He stated that funding will be recalculated each year based on call loading for E-91 l and funding this year is anticipated to increase. He stated staff may .obtain the projections for funding at VA911.ORG. He stated new grant- .funding will be available for the upcoming year based on need for equipment replacement at an 80/20 match. Chairman Wright reported that alternative. septic tanks are not functioning properly; inspections by certified inspectors .need to be done every two (2) years; and all septic tanks must be pumped "every five (5) years. He stated the wine industry is fighting individuals who plant only a few grape bushes .and call themselves a winery and growers who want to utilize distributors. He stated a website has been established at "egovernment" for building permits and notifications. of needed road repairs. He stated there is a strong .push. to eliminate counties -from having sovereign immunity.. He reported on the 500 kv power line being. proposed along the. Route 460 Corridor to satisfy the. energy needs of he City of Virginia Beach and that he had raised objection to crossing farmlands. He .noted that the County Administrator had pamphlets of the various issues distributed at the: VACo Conference for review and fallow up. Chairman Wright. announced that Mr. Tommy Townsend has been appointed Interim Superintendent of the Western Tidewater Regional Jail. Supervisor Clark reported on the study performed on military base closures in the area and how those .closures will affect the Peninsula economy 5 ., -- ~O~K 24 ~:~~~~ 'over the next 15-20 .years. He rioted that a copy of the study is, available in the County Administrator's office.. // Chairman Wright called for Transportation Matters. ' Sandon S: Rogers, Transportation Planner, presented a Resolution for the .Board of Supervisors of Isle of Wight County, Virginia, to Participate in Revenue Sharing Funds. for Fiscal Year 2006-07 for the Board's consideration. Supervisor Ivy moved that the Board adopt. the following Resolution: RESOLUTION FOR THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRIGINIA, TO PARTICIPATE IN REVENUE SHARING FUNDS FOR. FISCAL YEAR 2006-2007 At a regularly scheduled meeting of the Isle of Wight County Board of . Supervisors held on November 15, 2006,: on a motion made by .Supervisor Ivy, the. following resolution was adopted by a vote of four to zero. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, desiresto submit an application for an allocation of funds up to One Million Dollars ($.1,000,000.00) to be matched on adollar-for-dollar basis from funds provided by the State of Virginia; and, WHEREAS, the County is also willing. to commit one .hundred thousand dollars ($100,000.00) as unmatched funds (Tier 1) through the Virginia Department of Transportation's Fiscal Year 2006-200? Revenue Sharing Program; and, WHEREAS, one million one hundred thousand dollars ($1,100,000.00) of these funds are being requested to fund those projects shown. on the attached Summary - Designation of Funds Form (shown herein as Attachment A). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight .County, Virginia, that revenue sharing dollars for the Virginia Department of Transportation for Fiscal Year 2006-2007 be hereby redistributed as described in Attachment A. 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 Mr. Rogers presented a Resolution to Redesignate. Previously Designated Revenue Sharing .Funds from Fiscal Year 2005-06 for the. Board's consideration. 1 i~ Supervisor -Clark moved that the Board adopt the following Resolution: RESOLUTTON TO REDESIGNATE PREVIOUSLY DESIGNATED REVENUE SHARING FUNDS FROM FISCAL YEAR 2005-2006 WHEREAS, .the Isle of Wight County. Board of Supervisors (the "Board") submitted an application to the Virginia- Department of Transportation ("VDOT"), for an allocation of funds of .one million. dollars ($1,000,000.00) through the VDOT Fiscal Year 2005-2006 Revenue Sharing Program; and, .WHEREAS, of the one million. dollars ($1,000,000.00) of allocated funds,.. VDOT prorated the County's total. allocation of funds to seven hundred forty-four thousand and nine hundred twenty dollars ($'744,920.00), leaving an un-obligated balance of .Two Hundred Fifty-Five Thousand and Eighty .Dollars ($255,080.00). NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Isle of Wight County, Virginia, redesignate the. un-obligated .Revenue Sharing Program dollars in the amount of two. hundred fifty-five thousand and eighty dollars ($255,080.00) from Fiscal Year 2005-2006 to the Isle of Wight County emergency signals project. The. motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no .Supervisors voting. against the motion; .and Supervisor Brown absent from the meeting. Mr. Rogers made reference to the list contained in the agenda relative. to VDOT responses to action items from .various Board meetings through November.. 2,; 2006. Supervisor Clark commented that Secretary of Transportation Homer had made reference during a recent speech that although VDOT Secondary Road funds had been cut, he had not received any complaints from counties about their reduction in funding. .Supervisor Clark moved that. the Board direct staff to send a letter of complaint .regarding .reductions to the County's .Secondary Road funds to Secretary of Transportation Homer. The motion was adopted by a vote of (4- 0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;. no Supervisors voting against the motion;. and Supervisor Brown- absent from. the meeting. 7 ~eri~ 24 ~r~24 Supervisor Clark moved that the Board direct staff to send a letter to Secretary of Transportation Homer formallyinviting him to visit the County. The motion was adopted by a vote of (4-0) with: Supervisors Bradshaw, Clark, Ivy and. Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting... } Supervisor Bradshaw .requested that the flooded culvert: at the Carrsville Convenience Center be investigated and resolved, . Supervisor Bradshaw requested that the washed out culvert on Route 5$ at the Rose residence be addressed.. .Supervisor Bradshaw reported that the .directional hurricane. evacuation signs in Franklin have been corrected to send motorists to .Route 258 and Route 58. Mac Neblett, Waverly Residency Administrator, briefed the Board on `. the flooding that occurred on Route 460 beginning: on .Sunday .night, November 12, 2006 and :extending into Monday, November 13, 2006 as a result of the. storm on November 12, 2046. He stated that the flooding had occurred as a. result of a collapsed .drainage pipe under the railroad.- He advised that the railroad: has since installed one (1) section of pipe and intends to install three (3) additional sections of 72" diameter aluminum pipe. .Chairman. Wright expressed concern that the 16 foot culvert is being replaced with four (4) six (6) foot culverts, which will allow trash to become caught up in the smaller sized culverts unless .appropriate action is .taken to prevent that from happening. Mr. Neblett. replied that. VDOT is working in conjunction with the railroad in order to address any. concerns that may present themselves. Supervisor Ivy noted the danger of Route 460 being closed: due to flooding because it is utilized as an evacuation route for. the entire Hampton Roads region. Supervisor Bradshaw requested Mr. Neblett to elaborate on the. status of Zuni Circle. Mr. Neblett advised that the VDOT Drainage :Engineer has .reviewed and performed preliminary calculations following a survey. He stated additional survey work is to be completed within the next two (2) weeks in order to calculate the overflow percentage of Zuni Circle to determine what additional drainage facilities are needed.. He stated that the study should be completed by the end of this calendar year. Supervisor Clark inquired if Mr. Rogers had received his note concerning Mr. Yale. 1 Mr. Rogers advised that he first wants to speak with representatives of VDOT in an effort to determine where Mr. Yale had obtained his information. // Chairman Wright. called for Citizens Comments. Hayes Griffin stated that current Animal Control laws do not allow for the enforcement of rabies shots and tags for cats. because they are not domesticated animals. He requested that the County Attorney review this matter and, if it is determined that cats are domesticated animals, Ghat the same rules and regulations be enforced on cats as with dogs. Supervisor Ivy moved that the Board direct the County Attorney to .review Mr. Hayes' concerns.. 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, which 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 Brawn. absent from the meeting. At 7:00 p.m., Supervisor Bradshaw moved that. the Board .return to open session in order to conduct the public hearings, which 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 Chairman Wright called for a public hearing on the following: A. The application of Isle of Wight County Industrial Development Authority for a change in zoning classification from Rural Agricultural. Conservation (RAC) to Conditional-Limited Industrial {C-LI) of approximately 89.91 acres of land located on the west and east sides of Old Mill Road (Route 607) and the south side of Old Suffolk Road (Route 636) in the Windsor Election District.. The purpose of the application is for custom manufacturing, warehousing, and distribution, as permitted... r Chairman ~ Wright called for persons to speak in favor of, or in ,opposition to, the application. Steven C. Wright, Executive .Director of the Isle of Wight County Industrial Development Authority, stated. responsive to the Board's previous action to change the Comprehensive Plan designation ..from Rural Conservation to Limited Industrial, staff is requesting a rezoning of the property under discussion to Industrial to facilitate the potential development of approximately 800,000-900,000 square feet of industrial space. He stated that the development of this new space is anticipated to generate $75,000,000 of .new capital investment .and approximately $400,:000 to $500,000 in taxes annually. He stated that in rezoning this property, it is understood that there may be some impact to existing residents in the adjacent neighborhood, and staff is offering to increase the natural buffer surrounding those homes from the required 25 feet to 100 feet around these homes in an effort to mitigate any. negative impacts from this .development. Supervisor Ivy inquired if the large BMP could beselocated. Mr. Wright stated that included in the Board's package is a conceptual plan only and that. staff believes there will be measures that can be taken at the site plan phase Ghat will allow for the BMPs to be relocated and that there may be .additional berming and landscaping to further buffer the neighborhood. He stated .whether there will be one (1) building or multiple buildings will determine .how .the site is designed. and what measures can be taken to lessen the impact to the existing neighborhood. Joni. Griffin, 25078 Old ,Mill Road, spoke in favor of the rezoning. She stated that she is in favor of bringing businesses into the Windsor area so that there is another. tax base instead of relying on residential taxes to .pay for needed services and public facilities, She requested that the Board honor the assurances given by Mr. Wright, specifically utilizing the natural buffer. Thomas Finderson, Newport District, requested. that consideration be shown to the property owners not in favor of the rezoning. He stated. there is a concern that the proposed BMPs are too close and will impact the. existing neighborhood's septic tanks and yards. He recommended that Parcel- 3 not be developed so that. the look of a community will remain and their quality of life will not be lost. He recommended that buy-outs be allowed. He stated the age of the existing homes average over SO years and he expects them to generate into rental properties in the future: Mark Patterson, 25098 Old Mill Road, spoke in opposition. He requested that Mr. Wright be held to the assurances given. to the property owners in the neighborhood, specifically the 100 foot buffers,. so .that the qualify of life for the neighborhood is not further impacted. 10 900K 2~ :,. ~:~ ~~~ Annie Patterson, 25098 Old 1VIil Road, spoke in opposition. ..She expressed a .lack of confidence that the assurances .provided by Mr. Wright and Mr. Small will be honored. She advised that her request fora 200 foot buffer was denied by Mr. Wright.. She stated that Mr. Wright had indicated to her that in the future there would be water and sewer available, but that there would be a charge for. the sewer. hook-up at a cost of $7,500 per household. She expressed concern that there would not be adequate trees to block lights and that employees would be driving down their streets at all hours of the night. She recommended retaining the woods and not developing Parcel 3. Hayes Griffin, 25078 Old Mill. Road, stated ,that the existing homes were World War II government houses that .were. relocated to this area simultaneously from Portsmouth. He stated that after contacting the Courthouse and determining that the area they reside in is not in the 10 year sewer plan he spent in excess of $5,000 to install a new septic system. Mr. Wright stated that while. there would be no less than a 100 fcot buffer around the entire .property, there would,. however, be some necessary thinning out. of the existing trees within the buffer area. He stated that there is a possibility during the site plan phase that additional landscaping will be performed. Supervisor Clark recommended that the buffers be expanded around Parcels 1.001 and 1007 as these properties are closest to an industrial. use and have the most exposure. Mr. Wright stated Supervisor Clark's request could be accommodated at the site plan phase. Supervisor Bradshaw inquired why the .Planning Commission is requesting that the site plan be reviewed by them before being presented to the Board. Mr. Wright .confirmed that the Planning Commission members had expressed a desire to review the site plan.' He stated traditionally, the Board has allowed staff to administratively review site plans for key economic development projects to ensure. that the Department of Economic Development has the ability to market the property and facilitate timelines. Chairman Wright closed the public ..hearing and called for comments from the Board. Supervisor Bradshaw- moved that the Board approve the application of the Isle of Wight. County Industrial Development Authority, as submitted by the Planning Commission, with the. elimination. of Item. #1, the review of the site plan back to the Planning Commission. The motion was adopted by a vote. of (4-0) with Supervisors .Bradshaw, Clark, Ivy and Wright voting in 11 ~DQtc ~~ -, ; ~y~~C3 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 renewal. of the lease of property known as the Johnson Farm to Mr. Matthew J. Johnson for agricultural purposes. Chairman Wright called for persons to speak in ,favor of, or in ' opposition to, the application. No one spoke in favor of, or in opposition to, the renewal of the lease.. Chairman Wright .closed the public hBaring and called for .comments from the Board. Supervisor Bradshaw noted that he - had a conflict of interest and excluded himself from discussing and voting on the matter. Supervisor Ivy moved that-the Board approve the renewal of the lease of property known. as the Johnson .Farm to Mr. Matthew J. Johnson for agricultural purposes. .The motion -was adopted by a vote of (3-0) with Supervisors Clark, Ivy. and Wright voting in favor of the. motion; Supervisor Bradshaw abstaining from voting on the motion noting a conflict of interest; and SupervisorBrown absent from the meeting. Chairman Wright called for a public. hearing on the following: C. Ordinance to Amend Chapter 15, Taxation, Article IV, Electric and Natural Gas. Consumers Tax, Section 15-11, Electric Utility Consumer. Tax, and Section 15-12, .Local Natural Gas Utility Consumer Tax. Chairman Wright called for persons to speak in favor of, or in opposition to, the application. Na one spoke in favor of, or in opposition to, the Ordinance. 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 CHAPTER 15. TAXATION. ARTICLE IV. ELECTRIC AND NATURAL GAS CONSUMERS TAX. SECTION 15-1 1. ELECTRIC UTILITY CONSUMER TAX. AND ~I 1 1 SECTION 15-I2. LOCAL NATURAL GAS UTILITY CONSUMER TAX. BE IT, AND IT IS HEREBY ORDAINED,: by the Board of Supervisors of Isle of Wight County, Virginia,. that Chapter 15, Taxation, .Article IV, Electric and Natural Gas Consumers Tax, Section 15-I1, be amended to read as follows: I Sec. 15-1 I. Electric Utility Consumer Tax (a) In accordance with Virginia Code Section 5.8.1-3814 it is hereby imposed and levied a monthly tax on each purchase of electricity delivered to consumers by a service provider, classified as determined. by such provider, as follows: (l } Residential consumers: Such tax shall be ten percent. (10%) times the minimum monthly charge imposed by the service provider plus the rate of $.007813 on .each kWh delivered monthly to reside~~tial consumers by the service provider, not to exceed $ l .50 monthly. (2} Non-residential consumers: Such tax on non-residential consumers shall be at .the rates per month for the classes. of non-residential consumers as set forth below:. (i} Consumer/Industrial consumers: Such tax shall be ten percent (IO%) times the minimum monthly charge imposed-by the service provider plus the rate of $.007383 on each kWh delivered monthly, not to exceed $100.00 per month. (3} The conversion of tax, pursuant to this ordinance, to monthly kWh delivered shall not be effective before the first meter reading after December 31, 2000; prior to which time the tax previously imposed by this jurisdiction shall be in effect. (b) Exemptions: The following consumers of electricity are exempt from the tax imposed by this Section. (I) Any public safety agency as defined in Virginia Code Section 58.1-3813.1. {2) The United States of America, the Commonwealth and the political subdivisions thereof, including this jurisdiction. {3) Any property owned and. exclusively occupied or`used by churches or religious bodies for religious worship or for the residences of their ministers, as permitted by Virginia Code Section 58.1-3816.2. 13 CJC;` t.~~ ~Cl~ (c) Billing, collection and remittance of tax: `The .service provider shall bill the electricity consumer tax to all users who are subject to the tax and to whom it delivers electricity and shall remit the same to this jurisdiction on a monthly basis, Such .taxes shall be paid by the service provider on a monthly basis, ..Such taxes shall be paid by the service provider- o this jurisdiction in accordance with Virginia Code Section 58..1-3814, paragraphs (F) and (G), and Virginia Code Section 58.1-2901. If any consumer receives and pays for electricity but refuses to pay the tax imposed by this section,. the service provider shall notify this jurisdiction of the name and address of such consumer. If any consumer fails to pay a bill issued by a service provider, including the tax imposed by: this section, the service provider must follow its normal collection procedures and, upon collection of the bill or any part .thereof, must apportion the net amount collected between the .charge. for electric service and the tax. and remit the tax portion to this jurisdiction. I, Any_tax paid by the consumer to the service provider shall be deemed. to be held in trust by such provider until remitted to this jurisdiction. (d) Computation of bills not on monthl basis: Bi11s shall be ..considered as monthly bills, for the purposes of this ordinance,. if submitted 12 times per year at approximately one month each. Accordingly, the tax for a bi-monthly bill (approximately 60 days) shall be determined as follows: (i) the. kWh will be divided by two (2); (ii) a monthly tax Will be calculated using the rates set .forth above; (iii) the tax determined by {ii) shall be multiplied by two (2); (iv) the. tax in (iii) may not exceed twice the monthly "maximum tax". AND BE IT FURTHER ORDAINED THAT Chapter 15, Taxation, Article IV, Electric and Natural Gas Consumers Tax, Section 15-12, be amended to read as follows: Sec. 15-12. Local Natural Gas Utility Consumer Tax (a) In accordance with. Virginia Code Section 58.1-3814, there is hereby imposed and levied a .monthly tax on each purchase of natural gas delivered to consumers by pipeline distribution companies and gas utilities classified by "class. of consumers" as such term is defined in Virginia Code Section 58.1-3814 (J), as follows:. (1) Residential consumers: Such tax on residential consumers of natural gas shall be ten percent (10%) times the minimum monthly charge .imposed by the service provider plus the rate of $0.09335 per CCF delivered monthly to residential consumers, not to exceed $1.50 per month. (2) Non-residential consumers: Such tax on non-residential consumers shall beat the rates per month shown on each CCF delivered by a 14 ,1 pipeline distribution company or a .gas utility for the classes as set forth ..below: (i) Commercial/Industrial consumers: Such tax-shall be ten percent (10%) times the minimum monthly charge imposed by the service provider plus the rate of $0.07858 on each CCF delivered monthly to commercial/industrial consumers, not. to exceed $100.00 per month. (3) The conversion of tax,. pursuant to this ordinance, to monthly CCF delivered shall not be effective before the first meter reading after December 31, 2000; :prior to which time the tax previously imposed by this jurisdiction shall be in effect. (b) Exemptions. The following consumers of natural gas shall be exempt from the tax imposed by this Section. {i) Any public safety agency as defined-in Virginia Code .Section 58.1-3813.1. (ii) The United. States of America, the Commonwealth and the political subdivisions thereof, including this jurisdiction. (iii) Any property owned .and exclusively occupied or used by churches or .religious bodies far religious worship or for the residences of their ministers as permitted by Virginia Code Section 58.1- 3816.2. (c) Billinu, collection and remittance of tax; The service provider shall bill the .natural gas consumer tax to all users who are subject to the tax and. to whom it delivers natural gas ..and ,shall. remit the same to this jurisdiction on a monthly basis... Such taxes shall be paid by the service provider on a monthly basis... Such taxes shall be paid by the service provider to this jurisdiction in accordance with Virginia Code Section 58.1-3814, paragraphs (H) and (I), and Virginia Code Section 58.1-2901. If any consumer receives and pays for natural gas billed but refuses to pay the tax imposed by this section, the service provider shall .notify this jurisdiction of -the name and address of such consumer. If any consumer fails. to pay a bill issued by a service provider, including the tax imposed by this section, the service provider must follow its ,normal collection procedures and, upon collection of the bill or any part thereof, must .apportion the. net amount collected between the charge for natural gas and the tax and remit the tax portion to this. jurisdiction.. Any tax paid by the consumer to the service provider shall be deemed to be held in trust by such provider until remitted to this jurisdiction. (d) Computation of bills nat on monthl basis: Bills shall be considered. as monthly .bills,. for the purposes of this ordinance, if submitted 15- P- .. ~~~~. 24 ...~4.~ 12 times. per year at approximately one month each, Accordingly, the tax for a bi-monthly bill (approximately 60 days) shall be determined as follows:: (i) the CCF .will be divided by two (2); (ii) a monthly tax will be .calculated using the rates set forth above; (iii) the tax determined by (ii) shall be multiplied by two (2); (iv) the tax in (iii) may not .exceed twice the monthly "maximum 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 from themeeting. // 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 County Attorney's report. Interim County Attorney Burton presented a proposed Ordinance .amendment regarding restricted parking in the Gatling Pointe Subdivision for the Board's consideration. Supervisor Ivy moved that the Board authorize staff to set the Ordinance for public hearing at the .Board's December 21, 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. // Chairman Wright .called for the Parks and Recreation report. Debbie J. Sivertson, Historic Resources. Manager, presented staffls recommendation that the Board approve the Anniversary Gardens grant.. ,agreement in the amount of $3,000; the 2007 Flag Campaign grant agreement in the amount of $2,500; and an additional .$2,000. for the .reprint of Historic Houses book, for a total of $5,000, all of which are in connection with the 2007 Jamestown Anniversary Celebration. Supervisor .Bradshaw requested that Andrew Clontz contact Mr. Childress to discuss signage issues in Carrsville, specifically that notification be provided. to the Carrsville Volunteer Fire Department. Supervisor ,Bradshaw requested that Andrea Clontz contact the informal citizens committee on the proposed project at Zuni. Supervisor Bradshaw recommended that a memoriallmonument be constructed in the Zuni community recognizing the homes. that were destroyed as a result of Hurricane Floyd in 1999. Supervisor Ivy moved that the Board approve Item #S (Beautification Committee -Anniversary Gardens), Item #9 ("2007 Flag Campaign") and Item # 10 (Historical Society -Additional Funds for reprint of (Historic Houses) book in the amounts indicated. The motion was adopted by avote 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. Alan S. Nogiec, Director of Parks and Recreation, presented the Fort Huger Security Policy to the Board for its consideration. Supervisor Clark moved that the Board adopt the Fort Huger Security Policy. 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. Nogiec stated that contained in the .agenda is a letter addressed to Congressman Forbes regarding tree removal at Fort Huger in response to a request by Ms. Jerianne Gardner. Supervisor Clark moved that.. the: Board authorize the letter to Congressman Forbes be sent under the Chairman's signature. 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. Nogiec presented a report relative to the cost of operation, projected revenues and .expenditures in connection with the reopening of the Isle of Wight/Franklin Skating Rink responsive to the Board's request. Supervisor Bradshaw moved that the Board authorize the reopening of the :facility. as recommended by staff and direct staff to schedule a meeting (to include himself} with the Franklin City Manager, and Franklin Mayor and the Southampton. County Administrator to .discuss marketing efforts and to schedule a meeting with the .Camp Foundation to include .himself.. -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. l7 `.Qn~ 24 fir; :'r .i~~ Patrick J. Small,: Assistant County .Administrator, recommended that the sprung structure not be relocated from the Camp Washington site to Heritage Park and the Joel. C. Bradshaw Fairgrounds due to the associated cost. Chairman Wright stressed that the Board first needs to determine. what is going to be done with. the Fairgrounds. He stated. if the Board chooses to continue holding the Fairs at that location, then the Board needs to locate some type of structure. for utilization by citizens. for various events. Supervisor Bradshaw inquired when Mr: Nogiec would have a short .and long-range plan for the Board, as previously directed. Mr. Small replied that Mr. Nogiec has been instructed to compile and .mail to the members of the Board documents. from the engineer's previous study.. He advised that the additional engineering work approved by the Board, which includes a topographical and grading plan, should be completed by the end of November,. 2006.. He stated that he anticipates Mr. Nogiec providing the Board with staff's recommendation of a short and long- term plan for the property at the .Board's December 21, 2006 meeting. He .stated .Judy Winslow, Director of Tourism, is prepared to take over marketing efforts for the .Fair from this point forward. He stated that he could -not definitively advise the Board that next year's Fair would be held at that location and he has .requested Mr. Nogiec to provide him with a report detailing how a part of the Fair could be moved outside of the fence or possibly canceling next year's Fair. Supervisor Bradshaw stated that canceling, moving or postponing- the Fa-iris not an option. Mr. Small stated that the Fairgrounds .may still be under construction in September, 2007 at the Fairgrounds site. Supervisor Bradshaw stated that. he wants to see action and results on this property. He stated that he appreciates Mr. Small's honesty and he looks forward to receiving the short and long-term plans for the property. Supervisor .Clark offered. the Board's assistance in expediting the procurement process as necessary. Mr. Nogiec presented the issue of a Cooperative Agreement with the Virginia Department of Game and Inland Fisheries for the Tyler's Beach boat ramp. He recommended that the Board direct staff to send a letter to VDGIF notifying them that the Board is not interested in entering. into a new. agreement as Tyler's Beach is a multi-use facility that accommodates both. commercial and recreational uses. 18 .Supervisor Bradshaw moved that the Baard direct staff to send a letter to the VDGIF notifying them that the Isle of Wight County Board of Supervisors: is not interested in entering into a new agreement pertaining. to the operation of Tyler's Beach Boat Ramp. 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. it Chairman Wright called for the Public Utilities report. E. Wayne Rountree, P.E., Assistant County Administrator, presented an engineering agreement for the design. of the Camptown water treatment system. Supervisor Bradshaw moved the Board. approve the agreement with R. Stuart Royer for the design of wells and a treatment facility for *_he Camptown Development Service District by authorizing.. the Chairman to sign the agreement as approved by the Interim 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. // Chairman Wright called for the Emergency Management report. Richard O. Childress, Director of .Emergency. Management, stated responsive to the Board's request is a report which addresses response times for the various rescue and fire organizations in the County. Brian Carroll, Isle of Wight Volunteer Rescue Squad, in response. to Supervisor Ivy, .advised the Board that the. average .response time out of the building on 2,029 calls is one { 1) minute and nine (9) seconds and the Squad met an internal standard of under five (5) minutes out the door 85% of time ..and 87°l0 of the time on .total call volume. He stated with cooperation between the County and volunteer organizations,- whatever goals are set they .can be met. He advised that the study on response times is anticipated in approximately three (3) months. Supervisor Clark advised Mr. Carroll that the Board relies on him to advise it as to what is needed in order to ensure that the needs of citizens are met, and it is also the Board's responsibility to ensure that funding is provided. Mr. Childress notified the Baard that .proposals on the study of response times have been received and the details of the contract are 19 currently being discussed. He stated that he anticipates having a c©ntract for the Board's consideration at its December 7, 2006 meeting. .Supervisor Bradshaw .notified Mr. Childress that the VACo representative on the State Emergency Services Board has not attended a meeting since his appointment and his lack of attendance could be causing delays with grants. Chairman Wright requested the status of the boats for fire and- rescue organizations, Mr. Childress stated that he intends to distribute pertinent information to the Fire and Rescue Association with a Spring target date for bids. // Chairman Wright called for the County Admiinstrator's report. County Administrator Caskey presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for Additional Law Enforcement responsive to the school security issue in October, 2006 for the Board's consideration. Supervisor Clark moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR ADDITIONAL LAW ENFORCEMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved additional funding for law enforcement resulting from " a recent school shooting in Pennsylvania; and, WHEREAS, funds in the amount of thirteen thousand six hundred eighty-eight thousand dollars. ($13,688) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2006-07 General Operating & Capital Budget.. .NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirteen thousand .six hundred eighty-eight thousand dollars ($13,688) from the Unappropriated Fund Balance. of the General Fund be appropriated to the FY 2006-07 General Operating & Capital Budget. BE IT FURTHER- RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the.. appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. 20 1 . eoea 24 ::::. X37 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. Liesl R. DeVary, Director of Budget and Finance, presented a request from the School Board to transfer Capital Project funds in the amount of $100,000 that were earmarked for the renovation of the Science Laboratories at Smithfield High School for a fire and security system at Smithfield High School; to repair ceiling plaster at Westside Elementary; and to replace the telephone system at Windsor High. School. Peter Andrews responded to the Board's inquiry about the status of the fire alarm system at the Smithfield High 5chaol, which is now operational andtied into the .Smithfield Middle School facility... Supervisor Clark inquired what the repairs;at Westside Elementary are anticipated to cost. Mr. Andrews responded $25,000, Supervisor Clark expressed concern that a request was made from the school administration for $100,000 in the Capital Improvements Plan to renovate the Science Labs at Smithfield High School which is now only anticipated to cost $25,000. He stated that the school administration: has an .obligation to ensure that the funds requested are correct. Mr. Jenkins replied that there was not an agreement as to what was needed in the Science .Labs and the staff person who previously requested those funds is no longer with the school administration. Supervisor Bradshaw stated Mr. Jenkins should not be the person addressing the Board of Supervisors. He stated that the School Board is an elected body who should take responsibility- for its financial mistakes, and such mistakes should be relayed to the citizens of the County accordingly. Supervisor Clark stated #hat the Board of Supervisors are held accountable by the citizens for the School Board's budget. He stated citizens do not realize that the County's budget is separate from the School Board's and mistakes such as this do not give much credibility to the Capital Improvements Plan or to the Baard of Supervisors as it deals with future plans. IVir. Jenkins stated he would relay the Board's concerns to the School Superintendent. Supervisor Bradshaw moved that the Baard direct staff to meet with the schools and .obtain cost estimates for "the. three (3) projects listed in the 21 --- agenda. With respect to the fire and security ..system,. there should be some confirmation that this is a complete cast to address this-issue and there are no more expected problems.. Staff is to return to the Board with a resolution to appropriate the funding at the Board's. December 7, 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. Ms. DeVary presented a Resolution to Appropriate Funds from the Designated Fund Balance of the Capital: Projects Fund for the Acquisition of Land for the Board's consideration. Supervisor Ivy moved the.Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE OF THE CAPITAL PROJECTS FUND FOR THE ACQUISITION OF -LAND WHEREAS, the Board of Supervisors. of the County of Isle of Wight, Virginiahas approved the acquisition of land known as Queen Anne's Court; and, WHERAS, the funds in the amount of two hundred sixty-six thousand six hundred sixty five dollars ($266,625) need to be appropriated- -from the Designated Fund Balance of the Capital. Projects Fund to the 2006-07 ~ Operating and Capital Budget of the County of Isle of Wight. NOW, THEREFORE,BE IT AND TT IS HEREBY RESOLVED by the .Board of Supervisors of the County of Isle of Wight, Virginia that the sum of ~ two hundred sixty-six .thousand six hundred sixty five dollars. ($266,625) ~ from the Designated Fund Balance be appropriated to the 2Q06-07 Operating and Capital. Budget of the County of Isle of Wight:. BE IT FURTHER RESOLVED that the Coun ty 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. s `~ The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, 3 Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting. County Administrator Caskey requested that the Board be prepared to select a different date at its. organizational. meeting in January -2007 for -its first meeting in February as that date is the same date of the VACo/VML Legislative Day. The Board concurred with having a single meeting in February 2007. 22 1 1 1 ..County Administrator Caskey reminded the Board. of the Retreat scheduled for December 8-9, 2006. The Board concurred. to begin its Retreat. on Friday, December 8, 2006 at 4:00 p.m. and 8:00 a.m. on Saturday, December 9, 2006. Chairman Wright requested that staff send a letter, under his signature, to the Mayors of Smithfield and Windsor inviting them to attend both days for observation purposes only. Supervisor Bradshaw .requested that. the focus 6e on ,the Strategic Plan. County Administrator Caskey advised that the recycling report would be cancelled. Donald- T. Robertson, Director of :Information Resources. and Legislative Affairs, presented a Resolution in Recognition of the Cheroenhaka Indian Tribe Peake Belt and Pipe Ceremony which is a follow up to the presentation the Board received at its November 2, 2006 meeting. Supervisor $radshaw moved that the Board adopt the following Resolution: RESOLUTION IN RECOGNITION OF THE CHEROENHAKA INDIAN TRIBE PEAKS BELT AND PIPE CEREMONY WHEREAS, the Cheroenhaka (Nottoway) Indian. Tribe has a rich historic. relationship with Isle of Wight County that began as early as 1694 when the Tribe moved from Sussex County to the mouth of the Assamoosick Swamp near Sebrel and Courtland;-and, WHEREAS, the .Cheroenhaka Indian Tribe has contributed to Isle of Wight County's early economic, cultural, and spiritual development;. and, WHEREAS, the relationship between the Cheroenhaka Indians and Isle of Wight County will continue in the celebration of the ethno-historic Peake Belt and. Pipe .Ceremony to be held in Southampton County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to recognize its. relationship with and respect for the Cheroenhaka Indian Tribe by .participating. in the .Peake Belt and .Pipe Ceremony on November 25, 2006. .. • po~~ ?4 z`:.~,4Q 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 Appointments. Supervisor Ivy moved the Board appoint Randy Pack as an Alternate on the Wetlands Board. Staff is to send a letter to Mr. White reiterating that the Alternates are to be called upon continuously in rotation and not just one (i) Alternate. Only one (1) Alternate, not both at the same time, should attend a 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 Ivy moved that the Board appoint Lee Winslett to replace Virginia Smith as a representative for .the Town of Smithfield Planning Commission on the Affordable Housing .Task Force. 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 appoint W. Douglas Casket' to serve on .the Western Tidewater Community Services board -and. that Donald T. Robertson be allowed to serve as his Designee. 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 reappoint Rossie Brock to serve on the Parks and Recreation Advisory 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. .Chairman Wright moved .that the Board appoint Patty Fleming to replace Jeanne Kelly representing the Windsor District on the Social Services ;- 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 i the meeting. i Supervisor Ivy moved that .the. Board accept Michael Andrews' resignation to serve on the Community Criminal Justice Board. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and 24 ~on~ 24 .~~.~ 4~1 Wright voting in favor of the motion;. no Supervisors voting against the motion; and- Supervisor Brown absent from the meeting.. County Administrator Casket' was requested to check with Lud Spivey to determine if he is willing to serve in this capacity. /I Chairman Wright called for Old Business. Relative to the matter of the solicitation of proposals for construction administration services for the new Courts Building, County Administrator Casket' advised that he has not received any .information from the school administration responsive to the .Board's directive. Supervisor Ivy offered to check the status of the matter with school staff. /! Chairman Wright called for New Business. Supervisor Clark moved thatthe Board direct County Administrator. Casket' to contact Treasurer ..Wells and request that she. contact Mary Ann Blankenship regarding her question pertaining to decals and the timing of the County personal property tax bills. 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 direct the, County Attorney's office to review and update the County's Noise Ordinance. 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 direct staff to develop a resolution of support recognizing Grayson County's need for a Route 5$ extension. -Said resolution is to request support and,new funding. sources far all needed transportation construction such as Route 460 in the County. The motion was adopted by a vote of (4-0) .with Supervisors Bradshaw, Clark, Ivy and Wrightvoting. in favor of the motion; no Supervisors voting against the motion;. and Supervisor Brown absent from the meeting. Supervisor Bradshaw moved that the Board direct staff to review the possibility of the Board having work sessions to allow the Board an opportunity to discuss an issue and send it back to staff to gather additional information before the Board takes action on it. There is no timeframe on 25 f 9~~K 24 x,:-44? this issue. 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. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act for the limited .purpose of obtaining legal advice regarding specific legal matters requiring .the provision of legal.. advice with respect to an appointed County Board; pursuant to Section 2.2-3711.A.7 regarding probable litigation;. and pursuant to Section 2.2-3711.A.7 regarding legal advice. for probable litigation, as requested by Supervisor Bradshaw: Supervisor Clark moved that the Board enter the Closed Meeting for the reasons stated by the Interim 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 Bradshaw 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. Supervisor Ivy moved that. the. Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date. pursuant to an aff rmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification. by this Board of Supervisors that such closed meeting was. conducted in conformity with Virginia law; NOW,. THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies, that, to .the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting .requirements ` by Virginia law were discussed in the closed meeting to which this certification. resolution applies, and (ii) only such-public business matters as were identified in .the. motion convening the closed meeting were heard, discussed. or considered by the Board of Supervisors. VOTE 26 1 1 .. . ~~,_,~. 24 ~~43 AYES: Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE:. 0 ABSENT DURING MEETING: Browne There was no action taken following the Closed Meeting. // At 9:25 p.m., Supervisor Bradshaw moved that the Board adjourn its .meeting. The motion was adopted bg 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 absen# from the meeting. T omas J. rgh ,III, Chairman 27