Loading...
04-05-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUIVTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF APRIL IN THE YEAR TWO THOUSAND AND SEV~N PRESENT: Thonlas R. Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas J. Wright, III Phillip A. Bradshaw 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, Clerk Chairman ivy called the meeting to order at 4:00 p.m. // Supervisor Brown delivered the invocation. // The Pledge of Allegiance was conducted. // (~hairman Tvy called for Approval of the Agenda. Interim Counry Attorney Burton requested three (3) items be added under Item 5 of the agenda, the County Attorney's Open Meeting Report, as follows: Proposed contract with Cadastra, Inc.; a matter pertaining to the Board of Supervisors to direct staff to file application for Conditional Use Permit and Preliminary Site Plan review for Ft. Huger dedicated property and that staff file application for Conditional Use Permit and Preliminary Site Plan review for 50-acre park dedicated property; and a matter pertaining to the County's request from VDOT regarding the waterline which runs under the Chuckatuck Bridge. He further requested that two (2) items be added under the County Attorney's Closed Meeting Report. Chairman ivy requested that two (2) items be added under New Business. Supervisor Wright requested that two (2) matters be added, the first under New Business and the second matter under Old Business. Supervisor Bradshaw moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Special Presentations/Appearances. Erica Gupton, the County's new GIS Coordinator, was formally introduced to the Board. Joyelle Saunders, the County's new CASA Coordinator, was formally introduced to the Board. County Administrator Caskey publicly thanked Michael Phillips for his assistance during the period of time that the CASA office had a vacancy. Dr. Douglas Boyce, President of Paul D. Camp Community College (PDCCC), addressed the future growth and expansion of PDCCC, including the potential for expanding its presence in the northern part of the County in close proximity to the Smithfield High School where library resources could be shared. He advised that PDCCC is currently conducting a feasibility study for a major gifts campaign and the local board and foundation board members from the County are advocating that this project be included in that study. Supervisor Bradshaw noted that the Board's intention in the past was to move and expand the educational center to incorporate a workforce development center in order to meet increased needs, particularly those of the students at Smithfield High School. He noted there are many adults in this area who could also utilize the facility. Supervisor Clark noted that he was under the impression that fhe Board's vision was moving forward. He requested that staff brief the Board on the status of this effort at the Board's June 14, 2007 meeting. Dr. Boyce acknowledged the Board's interest in moving forward with this effort. For the purpose of including this project in the Feasibility Study, he noted that he could include a brief paragraph that could be sufficiently vague that would address a facility being built in this part of the County. Chairman ivy inquired if there were any expansion plans for the current PDCCC campus. Dr. Boyce replied that there are modest plans for expanding the Smitl~field and Franklin campuses. He sfated in the 2002-2003 timeframe, there seemed to be more of an interest on the part of the Board in looking at the Benn's Church area, which is in proximity to Smithfield High School. He stated he is not opposed to ex~loring the possibility of moving forward at 2 the current site at the Smithfield Library as there has been a good partnership in the past with the Library. He advised that space problems in the evenings are beginning to develop at the current site, but there is adequate space during the daytime. Chairman ivy inquired if Dr. Boyce would prefer to expand at the current site or look for a location near the Smithfield High School or Benn's Church area. Dr. Boyce stated a more visible location would be in close proximity to the Smithfield High School and his preference long term would be to see a development there; however, he is not opposed to exploring possibilities at the current location. Supervisor Bradshaw moved that staff be directed to develop a Strategic Plan for higher education for consideration by the Board at its June 14, 2007 meeting for presentation to Paul D. Camp Community College officials. In the meantime, County Administrator Caskey is to develop a Strategic Summary Statement that states the County's position on higher education to be presented to PDCCC. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. Mr. Demetrios Peratsakis, Executive Director, Western Tidewater Community Services Board (WTCSB) addressed the Board regarding services currently being provided to County citizens by that organization. Mr. Peratsakis advised that since the inception of a program at Windsor Elementary School, there has been a 56% decrease in absenteeism this current year; a 49% increase in citizenship; and a 92% decrease in suspensions. Supervisor Bradshaw advised the Board that due to the program's success, he had met recently with the school administration to discuss this pro~ram being offered at other schools in the County. Supervisor Bradshaw moved that the Board's School Committee be directed to meet with School representatives and set a meeting with WTCSB representatives to review the Western Tidewater Community Services Board program at Windsor Elementary School that has been highly successful with the idea of expanding the program to the other schools in the County, to include the high schools. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. 3 Supervisor Bradshaw further cnoved that County Administrator Caskey be directed to meet with the Director of Information Resources and Legislative Affairs to discuss strategies for publicizing the success of the Western Tidewater Community Services Board program that has been initiated at the Windsor Elementary School. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. // Chairman ivy called for Regional reports. Chairman ivy reported that the primary focus of discussion at the most recent Mayors and Chairs meeting was regarding regional transportation. Relative to the Hampton Roads Military and Federal Facilities Alliance, Chairman ivy reported on a luncl~ meeting with Mr. Frank Roberts at which time he expressed his expectation that a set of goals and benchmarks for the recruiting and stabilizing of Federal and military facilities in the area be developed. With respect to economic development, leadership is needed relative to new trends to better promote the region, he stated. Supervisor Bradshaw reported on the post legislative session dinner meeting that was held on Thursday, March 29, 2007 at 6:00 p.m. at the Wakefield 4-H Center, which was well attended. Transportation, unfunded mandates and the Dillon Rule were areas of concern, he stated. Supervisor Bradshaw advised that the VACo budget is currently under development for next year. Supervisor Wright reported that three (3) individuals had been interviewed for the Western Tidewater Regional Jail Superintendent's position and a selection would be announced shortly. Supervisor Brown reported that the Southeastern Public Service Autho~°ity lease agreement for the transfer station in the County was discussed and the retirement plan for employees was approved. // Chairman Ivy called for Transportation Matters. Sandon S. Rogers, Transportation Planner, noted that included in the Board's agenda are the Draft 2007-2013 Secondary Six-Year Priority Plan and Draf~ Fiscal Year 2007-2008 Construction Budget which require a public hearing by the Board. 4 MacFarland Neblett, Waverly Residency Administrator, VDOT, advised that the figures contained in the Budget provided in tl~e Board's agenda are figures that were provided to VDOT prior to the current actions t~ken by the General Assembly. He noted that he anticipates receiving an additional set of figures in the coming weeks based on the actions taken by the General Assembly which recently occurred although he could not guarantee that those figures would be received in time for the Board's public hearing. Mr. Rogers noted that new figures received after the public heariilg would be considered supplenlental figures which would also be presented to the Board for adoption. Mr. Neblett advised that VDOT has not received a donation from three (3) property owners on Muddy Cross Road. Supervisor Bradshaw encouraged Mr. Neblett to seek the help of the Interim County Attorney if he is not able to secure the needed donations. Supervisor Bradshaw encouraged Mr. Neblett to solicit the help of County staff regarding right-of-way acquisitions in order to help move the projects along. Supervisor Bradshaw inquired what VDOT's procedure is relative to the installation of entrance pipes in new driveways. Mr. Neblett advised that following a rec~uest from a citizen to install an entrance pipe on a lot, VDOT's policy is that the resident purchase the pipe and VDOT staff installs it out of improvement funds that are allocated to the County. C`hairman ivy Inoved that staff be directed to investigate if a proffer can be accepted for rezoning requests dealing with properties that have road access wherein certain costs would be required to pay for the installation of driveways. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to advertise the Six-Year Priority Plan and Fiscal Year Construction Budget for public hearing at the Board's May 24, 2007 meeting. The motion was adopted by a vote oi~ (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman ivy inquired about the status of the warning gates for the James River Bridge. 5 Mr. Rogers advised that the $300,000 that was allocated for the project was depleted during the design phase of the project. Supervisor Bradshaw inquired about the status of the Blackwater Bridge project. Mr. Neblett advised that he has requested the VDOT Assistant Bridge Engineer to provide him a figure, but he has been out of the office and will be returning the first part of next week. Supervisor Bradshaw noted that Union Camp is now International Paper and no one from that organization has been advised about the design of the project He advised that the bridge was completely under water during the storms of 1999 and 2005. // C'hairman ivy called for Citizens Commei~ts. Grace Keen, Newpot-t District, requested the Board's support of Riverside Hospital's Certificate of Public Need. She invited the Board to attend the Isle of Wight Citizens Association's meeting on April 9`~ and noted that Delegate Barlow and Senator Quayle, as guest speakers, would be discussing the actions taken during the last session of the General Assembly. She rec~uested the Board's endorsement of the County becoming a part of the "Take Pride in America Program," on behalf of the Isle of Wight Beautification Committee. Chairman ivy requested Mrs. Keen to advise staff in the future whenever she has a presentation to make on behalf of a Committee/Board so that she could be placed under Specia) Presentations on the agenda and heard right away and so that she will not be limited to five (5) minutes. Supervisor Clark moved that the Board endorse the Beautification Committee's involvement in the "Take Pride in America Program" and direct staff to coordinate the Committee's entry into the Program. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for the County Attorney's report. Interim County Attorney Burton presented a revised amendment to the Motor Vehicle Licenses Ordinance which adds a Section 11-3.1 which clarifies which motor vehicles are exempt. 6 Supervisor Bradshaw moved that the Board authorize the County Attorney's of~ce to advertise the amendment to the Motor Vehicle Licenses Ordinance for public hearing at the Board's April 19, 2007 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a revised amendment to the Taxation Ordinance which increases the electric and natural consumer gas tax to the maxiinum allowed. Chairman ivy confirmed that the Consumer Utility Tax does not affect residents or businesses within the Town limits of Smithfield and Windsor, nor will industrial/commercial businesses automatically increase to $200, as insinuated by the newspapers. Supervisor Bradshaw inoved that the Board authorize the County Attorney's oftice to advertise the amendment to the Taxation Ordinance for public hearing at the Board's April l9, 2007 meeting and that staff be directed to develop a public relations bullet, or press release, to explain t11e Consumer Utility Tax. 'I'he motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. lnterim County Attorney Burton presented a proposed professional services contract between the County and Swova, LLC which will implement an ark SDE database environment which will allow multiple users for simultan~ously editing of the Geographic Information System (GIS). Supervisor Wright moved that the Board authorize the Chairman to execute the contract between the County and Swova, LLC on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a contract between the County and Cadastra, Inc. which he recomrnended the Board approve to update the parcel data currently conYained in the Geographic Information System (GIS). Kari Sletten, Director of Information Technology, advised that authorization of the con~ract will bring the existing infor~nation up-to-date and staff is capable from this point forward of maintaining the data up-to- date. Supervisor Bradshaw reguested Ms. Sletten to keep in mind that the Board, in the future, may want annual assessments to be performed in-house. 7 Ms. Sletten confirmed that the current system could be utilized for that purpose. Supervisor Clark moved that the Chairman be authorized to execute the contract between the County and Cadastra, Inc. on behalf of the Board. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. Interim County Attorney Burton advised that when Lawnes Pointe rezoning application was approved, the Ft Huger property was dedicated to the County, as well as fifly (50) acres for a park. He advised in order for those two (2) properties to be labeled as park recreational facilities, the Zoning Ordinance requires that the Board approve the issuance of a Conditionai Use Permit and Preliminary Site Plan review for the Ft. Huger property and fifty (50) acre park property. Supervisor Wright moved to direct staff to file an application for the issuance of a Conditional Use Penr~i~ and a Preliminary Site Plan Review for the Ft Huger property and also for the 50-acre park property. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy votin~ in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. Interim County Attorney Burton presented a request from staff for assistance from VDOT to repair the waterline which runs under the Chuckatuck Bridge. He advised that County employees would perform the work and reimburse VDOT for the cost of the truck and performing road patrol. He noted that funds in the amount of $2,000 to $2,500 to perform the work would be taken from the Public Utilities Maintenance Fund Balance. Supervisor Wright moved that the Board approve the request and authorize the Chairman and the Clerk to sign it on behalf of the Board. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent for the vote. Interim County Attorney Burton advised that he had five (5) items to discuss later with the Board during the Closed Meeting. Supervisor Clark requested that one (1) additional Closed Meeting matter be added relative to personnel. Relative to the proposed Burning Ordinance scheduled for public hearing on April 19, 2007, Supervisor Wright inquired if there is a$50 charge to obtain a permit to burn. 8 Richard O. Childress, Director of Emergency Services, noted tihe $50 charge relates to contractors who wish to burn, but not for citizens. Supervisor Wright moved that Interim County Attorney Burton review the language in the proposed Burning Ordinance prior to the Board's public hearing proposed for Apri] 19, 2007 to ensure that it does not contain a cost to the general public for a permit to burn. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that staff be directed to develop a public relations bullet (frequently asked questions and answers), ar press release, explaining the Burn Ordinance. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisars voting against the motion. Supervisor Bradshaw requested that the language be formulated in the proposed Noise Ordinance to address when farming efforts are occurring alongside a subdivision, consideration should be given to those residing in the subdivision. If an emergency situation with the farmer exists, then it should not be a problem for the farmer, he stated. Supervisor Bradshaw moved the Board direct Interim County Attorney Burton to revisit the proposed hours of operation in the proposed Noise Ordina~lce relative to agricultural operations only and that he work with Ms. Rache] Morris regarding the development of an exceptional circumstance clause with regard to subdivisions to allow farming efforts prior to anticipated inclement weather. Once the proposed language is developed, staff should send it to the Board for its review and comments prior to placing the matter on the a~enda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called far the Generai Services report. Mr. Rogers requested the Board's permission to proceed with the elimination of the asphalt pavement and pavement marking line items from the existing contract and apply these items to the Central County Park, Phase Three construction contract. Supervisor Clark moved that the Board authorize staff to proceed with the elimination of the asphalt pavement and pavement marking line items from the existing contract and apply these line items to the new contract. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 9 Ralph R. Anderson, Assistant Director of General Services, requested the Board's direction relative to the purchase of a chipper. Supervisor Wright agreed with the County's purchase of a wood chipper whereby residential yard debris brought to the convenience centers could be transported by staff to the Courthouse where the chipper would be located and the chippings sold to International Paper. Contractors would be required to transport their yard debris to the refuse site and pay the Southeastern Public Service Authority (SPSA) for its disposal. He noted that the chipper would pay for itself in the long run and would save the County money relative to tipping fees it currently has to pay to SPSA. E. Wayne Rountree, P.E., Assistant County Administrator, advised that the chipper will be a new program and it can not be run within the existing manpower as it will take an additional two (2) employees. Supervisor Clark commented that each of the convenience centers needs to be more clearly marked as to what can and can not be accepted. Supervisor Bradshaw stated it is difficult to place limbs in containers that are ten (10) feet high. I~e recommended that residents be allowed to stockpile their limbs and yard waste on the ground and that staff bring the chipper to the convenience centers and blow the chippings into a container before hauling it away. He stated moving the chipper around to the various convenience centers would be more economical than hauling containers filled with limbs fi-om the convenie~iee centers to the chipper. Supervisor Wright noted the convenience centers would need to have an enclosed area in order for limbs to be stored on the ground. He recommended that staff periodically review the cost for both scenarios to ensure that what is being done is cost efficient. Chris Holloman, noted that as soon as bids are solicited far the chipper, staff would proceed as discussed above. N[r. Holloman distributed a copy of Southampton County's brochure which contained a list of items that are accepted at its collection sites. Supervisor Bradshaw eommented that items hauled to convenience centers, but refused, are thrown into surrounding fields on back roads. F~~e stated there is a need to find out how all items can be accepted and not turned away. He noted household trash in rural areas is different and may contain nails, wire and concrete. Mr. Rountree commented that staff is restricted on what can be taken to the transfer station. He stated construction debris must be hauled to the 10 landfill, which could be done by staff; however, in order to do so will result in greater haul distances and the need for additional personnel. Chairman ivy agreed there would be associated costs, but that the Board needs to be apprised as to what that cost is so that it can evaluate the cost bEnefit of doing it that way. C'hairman ivy moved that Public Works staff be requested to review the items that are currently not being accepted at convenience center sites and investigate whether or not there is a way to make it more convenient for users of the site and lessen the opportunity for these users to dump their rejected items alongside County roadways. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright noted that Food Lion plastic bags, which are not degradable, are blowing into the fields and ruining farming equipment. Supervisor Wright moved that the Interim County Attorney be directed to investigate if it is legal to ban the use of all plastic shopping bags for commercial retail enterprises in the County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Anderson informed the Board that release workers from the Western Tidewater Regional Jail will be working on Saturdays during the month ~f April in the County to help with the removal of trash. Supervisor Clark moved that staff design a specific program to use probationers from the County's courts, in addition to the utilization of the release workers from the Western Tidewater Regional Jail for litter removal. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and lvy voting in favor of the motion and no Supervisors voting against the motion. Chairman ivy inoved that the Sheriff be directed to provide Administration staff with a monthly routine report from his office outlining the number of litter citations that are being written by his Department for inclusion in the Board's agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Interim County Attorney Burton be directed to review the State statute with respect to the Litter Ordinance and advise the Board what the maximum fine amount is that can be charged by the County under State law. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Anderson informed the Board that there will be a County-wide trash removal day on Apri128, 2007. Chairman ivy requested that the areas to be visited by the Isle of Wight, England visitors be patrolled and any trash removed prior to their visit in May, 2007. // Chairman ivy moved the Board take a tive (5) minute break. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motioil. // Chairman ivy called for the County Administrator's report. County Administrator Caskey presented a County Resolution to Recognize the Passing of the Honorable J. Paul Councill, Jr. for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution and direct Colinty Administrator Caskey to invite the widow of Delegate Councill and Mayor Councill to a future Board meeting for present~tion of the Resolution: RESOLUTION TO RECOGNIZE THE PASSING OF THE HONORABLE J. PAUL COUNCILL, JR. WHEREAS, the Honorable J. Paul Councill, Jr. passed away on March 25, 2007; and, WHEREAS, the Honorable J. Paul Councill, 7r. served as Isle of Wight County s representative of the 75`~ District of the House of Delegates in the Virginia General Assembly from 1974 until 2005 and tirelessly represented the County's issues and interests; and, V4'HEREAS, during the 32 years he represented the 75t~ District, Delegate Councill was a very dedicated proponent of public education, serving as Chairman of the House Education Committee in the early 1990's; and, 12 WHEREAS, Delegate Councill was very instrumental in the establishment of the Paul D. Camp Community College campuses in Franklin and Smithfield. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia extends its heartfelt condolences and respect fo the family of the Honorable J. Paul Councill, Jr. for his dedicated service to the citizens of Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Judy Hare Winslow, Director of Tourism, provided a brief overview of the Strategic Plan for the Tourism Department and i~oted it was developed from a series of three (3) open meetings held in June, July and August of 2006 for tourism stakeholders. Supervisor Wright moved that the Board adopt the Strategic Plan for Tourism. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey noted for the Board's discussion is the matter of ihe proposed FY 2007-08 General Operating and Capital Budget. Supervisor Bradshaw moved that the General Operating and Capital Budget be discussed by the Board at the end of the meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for consideration of thc Consent Agenda. A. Recognition of Marc L. Brown Resolution ~o Recognize Mr. Marc E. Brown B. Recognition for the Isle of Wight County Public Safety Telecommunicators during National Telecommunicator's Week/April 8, 2007 through April 14, 2007 Resolution to Proclaim the Week of April 8 through April 14, 2007 as Isle of Wight County Public Safety Telecommunicators Week 13 C. National Architecture Week . Resolution to Proclaim April 9-14, 2007 as National Architecture Week D. Volunteer Recognition Week . Resolution to Designate April 15-21, 2007 as Volunteer Recognition Week E.. National County Government Week Resolution to Recognize National County Government Week F. Virginia School Resource Officer Grant Program . Resolution to Accept and Appropriate Grant Funds from the Department of Criminal Justice Services and the Public School Division for the School Resource Officer Grant Program G. Contract Execution~Language Line, Inc. H. PACE Program 2006 Annual Report L Charter Communications Audit J. Heritage Park Improvements - Progress Report K. Personnel Policy Amendments . Resolution to Amend the County Policy Manual Chapter 1, Article V, Section 5.1 and 5.5 L. Personnel Policy Addition . Resolution to Amend the County Policy Manual Chapter 1 NI. Professional Services Agreement with Urban Design Associates, PCC (UDA, PC) . Resolution to Appropriate Funds from the Unappropriated Fund Balance for Procurement of Professional Services N. Funds to Purchase Property from Ms. Susan Slack 14 ~ Resolution to Appropriate Funds from the Unappropriated Fund Balance for Acquisition of Slack Property O. March 1, 2007 Regular Meeting Minutes Supervisor Clark moved the Board approve the Consent Agenda and change the Board Reports for Item (M), Resolution to Appropriate Funds from the Unappropriated Fund Balance for Procurement of Professional Services and Item (N), Resolution to Appropri~te Funds from the Unappropriated Fund Balance for Acquisition of Slack Property, to reflect that the Board is atrthorizing the Chairman to sign the Resolutions. The ~notion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Appointments. Supervisor Clark moved that tlZe Board reappoint Phillip A. Bradshaw to serve on the Hampton Roads Economic Development Alliance. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Old Business. Donald T. Robertson, Director of Information Resources and Legislative Affairs, requested the Board's direction on how to proceed with the issue of videotaping of Board meetings. Supervisor Clark moved ~he Board authorize the Chairman to enter into a contract with PrimeMedia to record the Board of Supervisors' meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Responsive to Supervisor Wright, Mr. Robertson advised that it will take approximately seven (7) days for PrimeMedia to prepare and edit the tapes for broadcasting on the County's PEG channel at 10:00 a.m., 4:00 p.m. and 7:00 p.m., which will be transitioned to Channel 13 in the near future. Supervisor Clark moved that Mr. Robertson make the appropriate arrangements for PrimeMedia to begin with the taping of the Board's April 19, 2007 meeting. The motion was adopted by a vote of (5-0) with 15 Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Mr. Robertson requested the Board's direction on whether or not to include the Board's appointed boards/cotnmittees/commissions, in addition to County staff, in the Communications Protocol adopted by the Board at its March 22, 2007 meeting. Supervisor Bradshaw moved that the Board direct staff to revise the Communications Protocol to take into consideration boards/commissions/comn~ittees and all other organizations deemed appropriate by staff to fall under the Communications Protocol. In the meantime, staff is to devise a plan to implement FOIA training for those organizations. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman lvy called for New Business. Mr. Robertson noted that the issue of the Fuel Tax increase is anticipated to be discussed during the next General Assembly session and, therefare, the Board did not need to act on the Resolution for Increase in Fuel Tax in the Board's agenda at this time. County Ad~ninistrator Caskey presented a request by the Commissioner of the Revenue regarding the public information on the reassessment process. Chairman ivy stated additional research needs to take place and he will be addressing the Board at a later date on tlie matter. Supervisor Wright moved that Interim County Attorney Burton be directed to research the Dillon Rule to determine if the Board has the authority to list English as the primary speaking language for Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark commented on the recent deaths of two (2) young women who were killed by an illegal alien. He advised the Board that the Sheriff's Department routinely contacts INS each time an illegal alien(s) is stopped, but INS does not want to take custody of the individual(s) unless the incident is serious. Supervisor Bradshaw advised that a bill was submitted on behalf of Rockbridge County to extend its moratorium on annexation until 2020, but the Governor vetoed the bill and the moratorium expires on annexation in 16 2010. He commented that the present Governor will veto any legislation to extend a moratorium on annexation, which is an issue for the County. Supervisor Bradshaw advised that reassessment notifications must be mailed to all citizens within ten (10) days. The prior assessment must be shown, as well as the current assessment although the reassessment has not been approved. Citizens must also be notified of the tax rate amount. C;hairman ivy moved the Board direct Mr. Robertson to forward to the Board a recap of VACo's veto package as soon as possible. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman ivy moved that County Administrator Caskey be directed to contact and coordinate a presentation on the proposed Transportation Authority to the Board at its May 3, 2007 meeting with Art Collins, Executive Director, Hampton Roads Planning District Comn~ission. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of tlie motion and no Supervisors voting against the motion. Chairman ivy requested Mr. Robertson to confirm if General Assembly representation on the Transportation Authority will be voting or non-voting members. // Supervisor Bradshaw moved that the Board discuss tlle proposed FY 2007-08 General Operating and Capital Budget at this point in the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Liesl R. DeVary, Director of Budget and Finance, advised that the proposed FY 2007-08 C'Jeneral Operating and Capital Budget in the amount of $131,100,000, which represents a$.O1 reduction in the real estate tax to a proposed $.52 per $100 and increases the Consumer Utility Tax. Supervisor Bradshaw moved that tlle Board authorize staff to advertise the FY 2007-08 General Operating and Capital Budget for public hearing at the Board's April 19, 2007 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. 17 Chairman ivy moved that the budget work session scheduled for April 11, 2007 at 6:00 p.m. be cancelled. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey referred to a press release that was placed at the Board's seats priar to the meeting which will be provided to the media along with a one (1) page summation sheet tomorrow n~orning. Supervisor Bradshaw noted that he has requested County Administrator Caskey to bring the requests included on page 127 in the budget book back to the Board for further review in July, 2007. Chairman ivy advised thati the Planning Commission is recommending a joint work session with the Board for presentation and review of the Route 17 Master Plan by the consultailts. Chairman ivy requested that Ms. Walkup convey to the Planning Commission members that the Board is available to meet with them on April 1 l, 2007 at 6:00 p.m. in the Robert C. Claud, Sr. Board Room or at 8:00 a.m. on April 21, 2007, which is prior to the Board's Town Meeting which commences at 10:00 a.m, at Carrollton Elementary SchooL Ms. Walkup is to advise the Board regarding which date is agreeable with the Planning Con~mi~ssion members. Supervisor Bradshaw advised that he would be out of town on April 2 ] s` // Interim County Attorney Burton called for a Closed Meeting pursuant to Section 2.2-3711.A.1 of the Freedom of Information Act regarding discussion and consideration of the performance of certain designated personnel; pursuant to Section 2.2-3711.A.3 regarding discussion and consideration of the acquisition of real property; pursuant to Section 2.2- 371 l.A.7 regarding consultation with legal counsel requiring the provision of legal advice relative to the Smithfield water agreement; pursuant to Section 2.2-3711.A.7 regardiug consultation with legal counsel requiring the provision of legal advice pertaining to Founder's Point/Chesapeake Bay violations; and, pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Benn's Grant project. Supervisor Brown moved that the Board enter a Closed Meeting for the reasons stated by the Interim County Attorney. Tlle motion was adopted by a vote of (S-0) with Supervisars Bradshaw, Brown, Clark, Wright and Ivy voting ir1 favor of the motion and no Supervisors voting against the motion. 18 Supervisor Bradshaw moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED ihat 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 ABSENT DURING MEETING: 0 // Chairman Ivy notified the Board of a meeting scheduled with the Town of Smithfield regarding the Habitat for Humanity project at Washington and James Streets on Tuesday, April 10, 2007 at 3:00 p.m. in the Town Hall second floor conference room. He noted those in attendance will be Bill Hopkins, Peter Stephenson, Patrick Small, Wayne Rountree and Beverly Walkup. // At 8:45 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors 19 Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Thomas R. Ivy, C innan ~ ~~~~ Carey ills Storm, Clerk 20