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05-03-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF MAY IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas 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. // Chairman ivy called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments: Add an Item #6 under the County Attorney's Open Meeting Report; add an Item #7 under the County Attorney's Open Meeting Report regarding a report from Patrick Small, Assistant County Administrator, regarding the property at James and Washington Streets; add three (3) items under the County Attorney's Closed Meeting Report; add an Item (I) under the Consent Agenda regarding a report on the NACo Prescription Drug Discount Card Program; add an item under New Business regarding a Resolution Commemorating the Visit of the Council of the County of Isle of Wight in the United Kingdom of Great Britain to the County of Isle of Wight, Virginia; make Item (C), Adoption of Genera] Operating and Capital Budget - FY 2007-08, under Old Business, #3 following Special Presentations, per the request of the School Superintendent and renumber the remainder of the agenda accordingly; add an Item (C) under Old Business regarding a joint meeting with the Fire and Rescue Association; add an Item (D) under the Parks and Recreation Report, per the request of Supervisor Brown; and add a persomzel matter under the Closed Meeting, per the request of Supervisor Clark. Supervisor Wright 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. U Chairman ivy called for Special Presentations/Appearances. Donald T. Robertson, Director of Information Resources and Legislative Affairs, briefed the Board relative to House Bill 3202 passed by the General Assembly which will authorize a regional transportation authority in Hampton Roads and consists of twelve (12) localities. He noted in order for the Authority to be enacted, at least seven (7) of those localities must vote in the affirmative and inust represent at least 51% of the region's population. He noted the governing board would consist of a chief elected officer of each locality represented or his or her designee. He noted there will also be several non-voting members on the board. In the interim, the Hampton Roads Planning District Commiss'ron will serve as staff to and provide space and support for the Authority. Arthur L. Collins, Executive Director, Hampton Roads Planning District Commission, offered to address questions by the Board regarding the proposed Hampton Roads Transportation Authority. Supervisor Clark inquired how long the Authority will be in existence. Mr. Collins replied that the Authority would be abolished when all the debt is paid. It was explained by the attorney that the Authority is formed to serve a specific purpose and once the bonds are paid. the purpose is fulfilled, and the Authority would be dissolved. Fees are imposed for the purpose of paying the debt which occurs in connection with the projects and when the debt is gone, the authority to collect the fees is lost. Supervisor Brown inquired how maintenance is addressed once the projects are completed. Mr. Collins replied that ihe State is responsible for maintenance. Supervisor Wright inquired about the terms of office for those on the Authority Board. Mr. Collins replied the terms would be determined by the Charter or bylaws which will be developed once the Authority is formed. 2 Supervisor Bradshaw inquired about the financial impact on citizens. Mr. Collins replied less than $10 per month as long as a person did not buy a car or sell a home. Supervisor Bradshaw commented that he believed the effect would be more in the $250 per year range and his concern is with senior citizens on fixed incomes and working middle class citizens. Supervisor Wright stated the legislation is unfair because the elderly and residents who keep their vehicles will be the most impacted. He stated he is also concerned about the small repair companies in the County that will be negatively impacted. Supervisor Clark commented that the transportation problem has to be cured in some manner and the General Assembly has not done what they should do and instead placed the burden on the localities' backs. He stated economically, something must be done now. Supervisor Wright inquired how the debt would affect the County's bond rating. Mr. Collins replied that all the major rating companies have advised that the debt will be foot-noted as the Autl~ority's and it will not impact the County's credit rating. Supervisor Bradshaw noted that debt restructured by the Authority could extend the life of the Authority. Mr. Collins advised that the IRS imposes certain legal restrictions on authorities and local counties that debt can not be restructured for unlawful purposes. Supervisor Bradshaw inquired when the fees and taxes could be changed. Mr. Collins advised that the General Assembly does have the authority to increase the fees and taxes, but it is a political problem for them to do that and he did not know why the General Assembly would want to make themselves unpopular. He noted that it requires an affirmative vote of seven (7) localities and 51 % of the population and he would think that similarly if something were to be created by the General Assembly, there would be similar requirements before any changes could be made. Supervisor Clark noted that the per-day truck trips on Route 460 is anticipated to inerease by 1,400 with the increase of ports. 3 Dana Dickens noted that increased economic development opportunities are anticipated in the way of distribution centers and the businesses that are associated with these centers because of the proximity to the port. He stated projections are that within the next ten (10) years there will be an additional 30,000,000 to 50,000,000 square feet of new distribution space required as a result of the port activities. He stated relative to the cost to individuals, there is already a cost to individuals related to congestion in the amount of $275 that is projected to reach $501 per year. He stated in the long term, we are looking far an opportunity to create our own destiny and provide some transportation opportunity that will address some of the cost already being incurred on a regular basis. Supervisor Clark commented that new prospective business owners are brought into this area at 10:00 a.m. instead of 8:00 a.m. because of the congestion at the airport and they leave the area after 6:00 p.m. or before 4:00 p.m. because they cannot get through the tunnels to return to the airport. He stated the County has to market itself around the traffic congestion problems, which is a sign of how the transportation shortfalls are constricting our economic viability. He stated either somefhing is done about it or prospective businesses will be lost to areas such as Raleigh or Durham where the money is being spent to have a good transportation system. Supervisor Wright inquired if the legislation passes, will the State put in any more funds for the construction of roads in this area, or will the local jurisdictions be responsible for funding its own roads. Mr. Dickens responded that he understands that the State will continue to do what it has been doing and the State-wide piece of legislation adds additional funding to the secondary road system. Supervisor Bradshaw commented that the VDOT' Resident Engineer has not informed the Board t11at funding for secondary road construction is increasing, rather he has informed the Board that the amount was decreasing. Mr. Dickens advised that the County should see a substantial increase from the State for the normal formula for secondary road construction. Supervisor Clark moved that the Hampton Roads Transportation Act matter be placed on the Board's May 24, 2007 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. U Chairman ivy called for consideration of the Isle of Wight County General Operating and Capital Budget for FY 2007-08. 4 Liesl R. DeVary, Director of Budget and Finance, noted due to a change in legislation, the County is able to increase the $5.00 fee currently being charged offenders to $10.00; the County will be receiving a significant amount of increased funding for the CASA grant; reduce the amount to be received on motor vehicle licenses; add funds per the Board's direction for video-taping of Board of Supervisors' meeting; included a$3,600 contribution to the Riverkeepers organization; reduction in the calculation of the salaries stipend for the Sheriff's Department due to a clerical error. She advised that the total budget is increasing $].7,000. She stated the Finance Committee is recommending that the Board adopt the School Board budget by categorical funding. Kenny Bunch, School Board member, thanked the Board for the cooperation between the County's Finance Committee and the School Board's Finance Committee, which was superior to previous years. Dr. McPherson, School Superintendent, noted a desire for school representatives to be placed on the Board's agenda on a monthly basis in order to bring the Board information concerning school issues. Supervisor Bradshaw moved that future regular agendas for the first meeting of each month be amended to include as the second item on the agenda an appearance by school administration staff. 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 recalled that the Board's previous direction was for school administration staff to address the Board on a quarterly basis. Chairman Ivy confirmed that the Board would like to hear from school representatives on a monthly basis versus a quarterly basis. Interim County Attorney Burton offered to amend the Board's Rules of Procedure to reflect a presentation by school representatives and bring the rnatter back for approval by the Board. Supervisor Bradshaw moved the Board amend the Proposed FY 2007- 08 General Operating and Capital Budget, as presented by the County Administrator, to include the items presented tonight. 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 adopt the amended Budget for proposed FY 2007-08 for the General Operating and Capital Budget in the amount of $131,152,531. The motion was adopted by a vote of (5-0) with 5 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 adopt the Proposed FY 2007- 08 Special Revenue Pund Budgets in the following amounts: Capita) Projects $ 36,635,000 Museum Gift Shop $ 17,500 County Fair $ 70 890 , Skating Rink $ 125 500 , E-911 $ 886,560 Public Utilities $ 9,586,000 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. Supervisor Bradshaw moved the Board authorize the Interim County Attorney to prepare and advertise for public hearing on May 24, 2007 an Ordinance to Impose Taxes for the 2007-08 fiscal year at the same rates with the exception of the real estate tax, which is recommended at $0.52 per $100 of assessed value and authorize him to develop and present to the Board an ordinance for the proper appropriation of the funds of the adopted budget tonight. 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 Regional reports. Supervisor Wright reported that those who attended the most recent Mayors and Chairs Caucus meeting did take a tour of Norfolk's new cruise terminal. He noted that the MPO is receiving less funds from the government and there will be a work session scheduled in the near future. Supervisor Wright advised that the most recent Western Tidewater Water Authority meeting was held at the Smithfield Station and the acquisition of additional water was discussed. Supervisor Bradshaw reported on the VACo Board of Directors' meeting held this past weekend to review the preparations being taken in regard to the NACo Conference in July, 2007. Supervisor Brown reported that a tipping fee schedule of $100 per ton has officially been adopted by the Southeastern Public Service Authority Board, effective July 1, 2007. He also advised that SPSA will begin selling electricity to the Navy effective October of 2007 and in an effort to increase 6 net revenue, the option of selling power to the PJM market and the continuation of selling power to Virginia Dominion Power are being explored. He advised that in 2012, landfi]] capacity in Cell 6 will be depleted and the Board is investigating the possibility of sending some of Cell 6 landfill waste to a private landfill in order to extend Cell 6's life. He further advised that an RFP is being developed to solicit private landfill capacity after Cell 6 has reached its capacity. He stated in an effort to reduce present debt by 20%, SPSA staff is being offered a proposed severance package which includes early retirement and was approved at the March, 2007 meeting, as well as a severance plan for eligible employees whose jobs were terminated by fhe RIF, who, in turn, will waiver any claims against SPSA. He advised that Southampton County Administrator Mike Johnson has provided information to County Administrator Caskey regarding a proposed highway litter clean-up program, currently being implemented in other counties, which can be viewed at www.assignahighwa .c~om_. Chairman ivy acknowledged those County staff inembers that were present at the most recent trash pick-up day. // Chairman ivy called for Transportation Matters. Sandon S. Rogers, Transportation Planner, advised that MacFarland Neblett, Residency Administrator for the Waverly District, would be presenting the Six-Year Secondary Plan at the Board's May 24, 2007 meeting. He advised that he has been notified by VDOT staff that the dollar amount is going to change; however, the exact figure is not known at this time. Supervisor Wright inquired about the status of a meeting with R. L. Walker to address his drainage concerns. Mr. Rogers advised that VDOT cancelled the original meeting and he is in the process of selecting another date at this time. Mr. Rogers advised that Southampton County responded favorably regarding participation ii~ a proposed outfall ditch clean-out and restriction of trucks on Route 620. He noted that he would continue to keep them informed as the County moves forward. Mr. Rogers advised that staff had attended the Route 460 meeting on Monday, April 30, 2007 at the Windsor High School and he had reiterated the Board's position on adopting the Commonwealth Transportation Board's alignment; that the Board was in favor of any alterations or improvements that did not impede on the farmers moving their goods and services throughout the County; and not in favor of any funding scenarios having an adverse impact on the citizens or farming community. 7 Mr. Rogers referenced an email received regarding the Route 58 Bridge in Franklin for the Board's information. Mr. Rogers advised that he would be graduating this week from Old Dominion University with a degree in Engineering. Tony Rhodes, Rhodes Garage, spoke in opposition to the proposed Hampton Roads Transportation Authority because of the negative impact it will have on his type of operation in the County. He stated that he is currently charged with being responsible for all his customers' used tires, oil, antifreeze, recycling of refrigerants and any trash that is associated with his business. He stated that he currently pays a State, Federal and Social Security tax and if the Authority is created, an additional 5% will be added to those amounts, which will create a burden to citizens. He noted he is located only three (3) miles from Southanlpton, which would not be affected, and six (6) miles from Franklin, which would also not be affected and what will keep his customers from going to those places in order to avoid the additional 5% tax. He expressed concern that the County will have no control over the amount of tax being inereased, or when the Authority will be dissolved. He stated that the Board has a responsibility to the citizens, especially those on fixed incomes and the elderly, to not place the burden on the County's residents when they will only receive the benefit of one (1) road coming through the County that will, in turn, be owned by the State. He stated the responsibility of building and owning roads should remain with the State. Wilson Holland, DeWitt's Automotive, spoke in opposition to the proposed Hampton Roads Transportation Authority. He stated if the tax is imposed on his business he will lose approximately 30% of his business to the City of Franklin and Sussex and Surry Counties. He stated he wanted to continue doing the business he is currently doing and he would be requesting the County to lower his tax base 30% to compensate him for his loss if the Authority is approved. // Chairman ivy called for Citizens Comments. Darlene Gruber of 328 Grace Street spoke in opposition to the relocation of the Pinewood Heights Subdivision to the corner of James and Washington Streets because of the adverse effect that low-income housing will have on current home values and due to safety issues associated with the known gangs of Jersey Park and Pinewood Heights. She stated it did not take representatives of James City County, Williamsburg and Yorktown long to discover that they needed to find more suitable areas than their historic districts to put low-income housing. She suggested that the land continue to be used for public services such as Paul D. Camp Community College, the local library and the YMCA. 8 // Chairman Ivy called for Board comments. In response to the comments expressed by Messrs. Rhodes and Holland earlier in the meeting, Supervisor Bradshaw moved that staff be directed to determine the number of County businesses that will be impacted by the authority that exists in the County today and that such businesses be broken down by type, i.e., fuel or motor repair businesses. Such information is to be included in the Board's May 24, 2007 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 commented that the County has lost major businesses in the past due to its inability to function as a region as well as it should. He stated that while there will be individuals adversely impacted by the Author•ity, the County either participates regionally or it will not survive economically in the future. Supervisor Bradshaw commented that if the jurisdictions to the east of the County were genuinely concerned witll regionalism, they would be good neighbors and return the Blackwater River to the County and the Nottoway River to Southamptoi~ County, but instead they are going to deplete the water and use our taxes to build roads. He stated that he does believe in the regionalism concept; however, it needs to be on equal terms. // Chairman ivy called for the County Attorney's report. Interim County Attorney Burton made reference to the correspondence contained in the agenda from the U.S. Department of Justice Civil Rights Division relating to the polling change in the Pons Precinct. He requested that the Board officially place the letter in the minutes of the meeting. Supervisor Clark moved that the following letter be officially placed into the minutes of the meeting per the County Attorney's request: April 11, 2007 Mr. A. Paul Burton Interim County Attorney Post Office Box 80 Isle of Wight, Virginia 23397 Dear Mr. Burton: 9 This refers to the polling place change for Isle of Wight County, Virginia, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on February 28, 2007. The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly provides ihat the failure of the Attorney General to objecf does not bar subsequent litigation to enjoiil the enforcement of the change. In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would otherwise require an objection comes to our attention during the remainder of the sixty-day review period. Procedures for the Administration of Section 5 of the Voting Rights Act (28 C.F.R.51.41 and 51.43). Sincerely, John Tanner Chief, Voting Section 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 made reference to the Letter of Understanding by and between the Board and the Virginia Department of Health contained in the agenda for the Board's consideration. Supervisor Clark moved that the County Administrator be authorized to execute the Letter of Understanding on behalf of 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. Interim County Attorney Burton advised pursuant to the action taken by the General Assembly relative to Senate Bill 1082, which increases the allowed courthouse security fee from $5 to $10 per case, he has prepared an ordinance to amend Chapter 1, General Provisions, Section 1-7.1 Court Costs to include the recent changes. He recommended that the Board authorize his office to advertise the matter for public hearing at the Board's May 24, 2007 nleeting. Supervisor Bradshaw moved that the County Attorney's office be authorized to advertise the matter for public hearing at the Board's May 24, 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. lnterim County Attorney Burton stated pursuant to the Board's directive at its April 19, 2007 meeting, included in ihe agenda is a proposed 10 revision to the Board's Rules of Procedure, which adds a provision that allows for Board comments immediately following Citizens' Comments. He stated he approves the Rules of Procedure as to form and recommends the Board authorize the Chairman to execute it on behalf of the Board. Supervisor Clark moved that the Chairman be authorized to execute the Rules of Procedure 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. interinl County Attorney Burton advised that he had five (5) matters to discuss with the Board later during the Closed Meeting. Interim County Attorney Burton stated included in the agenda are two (2) pie charts pertaining to the County's real estate profiles, specifically dealing with property as valued at fair market value and fair market value with the land use component, as provided by the Commissioner of Revenue. Patrick Small, Assistant County Administrator, offered to brief the Board relative to the property at James and Washington Streets. Supervisor Brown moved that the briefing be deferred until after the Closed Meeting because of negotiation strategies and legal counsel. 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. // Chairtnan ivy called for the Community Development report. Gina Ippolitto, Assistant Director of Parks and Recreation, showed the Board a video depicting a re-en~ctment of the Battle of the Cold Harbor Civil War. George Kindred, Recreations Manager, requested the Board's approval of a Resolution to Submit an Application for U.S.D.A. Summer Food Service Grant Program Funds and to Accept and Appropriate Grant Funds. Supeivisor Bradshaw moved the Board adopt the following Resolution: RESOLUTION TO SUBMIT AN APPLICATION FOR U.S.D.A. SUMMER FOOD SERVICE GRANT PROGRAM FUNDS AND TO ACCEPT AND APPROPRIATE GRANT FUNDS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized the submittal of a grant application requesting funds from the LJSDA Virginia Summer Food Service Program; and, WHEREAS, the funds in the amount of forty thousand eight hundred seventy two dollars ($40,872) or so much as shall be received from the USDA Virginia Summer Food Service Program need to be accepted and appropriated to the Operating Budget Line Item for the Summer Program, in the FY 2007-08 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that funds in the amount of forty thousand eight hundred seventy two dollars ($40,872) or so much as shall be received from the USDA Summer Food Service Program be appropriated to tlie FY 2007-08 General Operating Budget for the Summer Program, for the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. '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. Debbie J. Sivertson, Historic Resources Manager, requested the Board's approval of grant applications relative to the 2007 Jamestown Anniversary Celebration. Supervisor Bradshaw moved to approve Item # 15, Camptown Schools Memorial Project, in the amount of $10,000 and authorize the County Administrator to make the appropriate accounting adjustment. 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 Brown advised the Board t11at he had recently attended a meeting on-site at Tyler's Beach and observed that there are many broken boats being stored in the area being used by recreational and commercial boaters; that fees for non-County residents are not being collected; that trash is not being monitored and is accumulating on the ground; and that there are insufficient restroom facilities and boat ramps. Supervisor Brown moved that staff be directed to develop an operational plan that addresses maintenance and staffing issues at Tyler's Beach, keeping in mind his previous comments. 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. 12 Ms. Ippolitto advised that staff had been directed at the Board's April 19, 2007 meeting to assess Tyler's Beach with respect to operational and maintenance issues and staff would include Supervisor Brown's previous concerns as it moves forward. // Chairman ivy called for the General Services report. E. Wayne Rountree, P.E., Assistant County Administrator, requested the Board's approval of a Change Order # 1 relative to the Booker T. Estates infrastructure project. Supervisor Clark moved the Board authorize Change Order #1 and the transfer of unused capital funds to the Booker T. Estates Project from the following unused capital projects: Central Hill Fire Station $125,000 Mill Swamp Convenience Center 90,000 Health Dept. HVAC Replacement 18,429 Refuse Roll off Truck 7,571 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. Rountree presented Indefinite Services Engineering Agreements with R. Stuart Royer, Timmons and Resources International for the Board's consideration and requested that the Board authorize the execution of the contracts with all three (3) firms. Supervisor Clark moved the Board approve the separate agreements and authorize the Chairman to sign the Indefinite Services Agreements with R. Stuart Royer, Timmons and Resources lnternational. 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 Economic Development report. Rachel Morris-Chieppa, Rural Economic Development Manager, presented a Resolution to Authorize the Solicitation of Proposals for Appraisal Services for the Board's consideration. Supervisor Bradshaw moved the Board adopt the following Resolution: 13 RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR APPRAISAL SERVICES WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has determined that it is appropriate to solicit proposals for appraisal services in conjunction with the PACE program; and, WHEREAS, County staff will need to discuss and negotiate the scope of services, as we11 as determine the experience and overall competencies of potentia] vendors. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2.2- 4303.C (1950, as amended), authorizes County staff to conduct competitive negotiation through a request for proposals for the needed services noted based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these services. 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. Steven C. Wright, Director of Economic Development, presented a Resolution to Proclaim May 13-19, 2007 as Business Appreciation Week for the Board's consideration. Supervisor Wright moved that the following Resolution be adopted: RESOLUTION TO PROCLAIM MAY 13-19, 2007 BUSINESS APPRECIATION WEEK WHEREAS, Isle of Wight County is pleased to have a thriving base of business ~nd industry to support the local economy; and WHEREAS, these businesses provide essential employment opportunities for the citizens of Isle of Wight Counry; and WHEREAS, these businesses provide local revenues from which the entire citizenry benefit; and WHEREAS, these businesses also make significant contributions in our communities to promote educational opportunities for our children and promote a variety of activities which increase the quality of life in the area; and WHEREAS, we recognize and appreciate these businesses; 14 NOW, THEREFORE, BE IT RESOLVED THAT: The Isle of Wight County Board of Supervisors hereby recognizes our existing businesses. AND, Further, that the week of May 13-19, 2007 is Business Appreciation Week in 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. Mr. Wright noted that the County is recognizing its existing businesses and industry with an Eighth Annual Business Appreciation Golf Tournament on May 15, 2007 and he invited the Board to participate. // Chairman ivy called for the County Administrator's report. County Administrator Caskey requested that the Board appoint two (2) additional members to serve on the Board of Assessors relative to the 2008 reassessment effort and set a compensation rate. Supervisor Bradshaw moved the Board authorize a compensation rate for the Board of Assessors of $75 per day meetings and/or site review and $100 per day for hearings, plus mileage reimbursement at the County's established rate. 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 appoint James W. Jones. 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 moCion. Supervisor Wright moved the Board appoint James Wesley Holland. 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 the Board appoint Thomas Finderson. 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 the Consent Agenda. 15 A. Donation Received from the Carrsville Ruritan Club Resolution to Accept and Appropriate $8,000 from the Carrsville Ruritan Club B. Byrne Justice Assistance Grant Program (JAG) Resolution to Accept and Appropriate Byrne Justice Assistance Grant Funds from the Department of Criminal Justice Services C. Application for Grant Funds - TRIAD Crime Prevention for Seniors Program Resolution to Authorize the Submission of a Grant Application and to Accept and Appropriate Funds for the Isle of Wight TRIAD Program D. Application for Grant Funds - Court Appointed Special Advocate (CASA) Program E. Request for Proposals (RFP) - Non-Professional Services: Radios for the Backup 9-1-1 Center in Smithfield Resolution to Authorize the Solicitation of Proposals for Backup Radio System F. Transfer of Contract Services G. Smithfield Library Roofing Repairs - Change Order #2 H. Board Room Signage I. NACo Prescription Drug Discount Card Program (Added under Approval of the Agenda) Supervisor Bradshaw moved the Consent Agenda be approved as amended under Approval of 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. // Chairman ivy called for Appointments. 16 Supervisor Bradshaw moved that Jill Peerey's term on the Blackwater Regional Library Board expire on June 30, 2009. 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 the Board appoint Larry West to the Blackwater Regional Library Board and that his term expire June 30, 2010. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favar of the motion and no Supervisors voting against the motion. Chairman ivy requested County Administrator Caskey to contact Judy Begland and request another recommendation of appointment from her for an individual to serve on Opportunity, Inc. Supervisor Bradshaw moved the Board reappoint W. Douglas Caskey to serve on the Hampton Roads Planning District Commission. 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 Old Business. Emily G. Haywood, Director of Human Resources, pursuant to the Board's previous request, presented salary comparison information obtained from other localities relative to the County's Victim/Witness position. She recommended that the County's position be incorporated into the County's Pay and Classification Plan. Supervisor Bradshaw moved that staff be authorized to bring the Victim Witness position uilder the County's Pay and Classification Plan. 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, pursuant to the Board's direction at its March 22, 2007 meeting, presented a revised 2008 and 2010 assessment contract that incorporated the Board's requested changes. She advised that a public notice would be placed in The Smithfield Times and The Tidewater Netivs each month. Supervisor Clark requested that Ms. DeVary utilize tihe Daily Press to advertise the presence of assessment contractors in the Smithfield, Newport and Hardy districts and utilize The Tidewater News and The Smithfield Times for the other districts. 17 Supervisor Clark suggested that the Director of Budget and Finance, in conjunction with the Interim County Attorney, include the language "pursuant to State law" in the first sentence of the public notice. Ms. DeVary offered to forward a revised public notice to the Board prior to its printing in the newspaper. Supervisar Bradshaw moved the Board approve the contract with Wampler-Eanes Appraisal Group, Ltd. and authorize the Chairman to sign the appropriate documents as approved by the Interim County Attorney. 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 presented a Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change its Meeting Schedule Adopted by the Board at its Organizational Meeting of January 4, 2007, pursuant to the Board's action at its March 22, 2007 meeting to set a meeting on March 23, 2007 for the purpose of ineeting jointly with the Fire and Rescue Association. Supervisor Bradshaw moved the Board adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO CHANGE ITS MEETING SCHEDULE ADOPTED BY THE BOARD AT ITS ORGANIZATION MEETING OF JANUARY 4, 2007 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has determined that it is necessary to change the meeting schedule adopted by the Board at its organizational meeting of January 4, 2007. WHEREAS, the Board of Supervisors of Isle of Wight County, at its March 22, 2007 meeting, took action to set a special joint meeting with the Fire and Rescue Association on May 23, 2007 at 6:00 p.m. in the Social Services Demonstration Room. NOW, TI-~EREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight County, Virginia hereby amends its Meeting Schedule adopted at its January 4, 2007 meeting to set a special joint meeting with the Fire and Rescue Association on May 23, 2007 at 6:00 p.m. in the Social Services Demonstration Room. 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. // 18 Chairman ivy called for New Business. County Administrator Caskey presented a Resolution Commemorating the Visit of the Council of the County of Isle of Wight in the United Kingdom of Great Britain to the County of Isle of Wight, Virginia for the Board's consideration. He noted that the Resolution would be presented to the Isle of Wight, England delegation at the Board's meeting to be held at The Smithfield Center. Chairman ivy commented that he would prefer that the Board of Supervisors' meeting welcoming the Isle of Wight, England delegation be a joint meeting with the Towns of Smithfield and Windsor. Chairman ivy moved that the Board adopt the following Resolution, as amended to reflect that the meeting is to be a joint meeting with the Towns of Smithfield and Windsor: RESOLUTION COMMENORATING THE VIS1T OF THE COUNCIL OF THE COUNTY OF ISLE OF WIGHT IN THE INITED KINGDOM OF GREAT BRITAIN TO THE COUNTY OF ISLE OF WIGHT, VIRGINIA WI~EREAS, the Board of Supervisors has formally extended an invitation to the Isle of Wight (England) Council in the United Kingdom of Great Britain to visit Isle of Wight County, Virginia (USA) during the 2007 festivities related to the 400th year celebration of America's first permanent English settlement at Jamestown; and, WHEREAS, it is the expressed intent of both Counties to strengthen these relationships and to formalize them and make the~n permanent, and to promote exchanges between the citizens of both localities; and, NOW, THEREFORE, BE IT AND IT IS HER~BY RESOLVED that the Board of Supervisors of the County of Isle of Wight County, Virginia acknowledges and commemorates the visit of the Council of the Isle of Wight in the United Kingdom of Great Britain from Monday, May 7, 2007 until Monday, May 14, 2007. 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 requested Interiin County Attorney Burton to contact the Smithfield and Windsor Town attorneys to ensure that a joint meeting is agreeable. // 19 Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to a personnel matter of a specific public official; under Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation of a specific public official; under Section 2.2-3711.A.7 consultation with legal counsel requiring the provision of legal advice pertaining to two (2) personnel matters of two (2) specific public officials; under Section 2.2-3711.A.3 regarding discussion and consideration of acquisition of real property by the public body in the Pinewood Heights Subdivision; and under Section 2.2-3711.A.7 regarding consultation with legal counsel pertaining to a personnel matter of a specific public official. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the inotion and no Supervisors voting against t11e motion. Supervisor Bradshaw moved 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 motioiz. Supervisor Bradshaw moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WI-1EREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisars hereby certifies that, to the best of eaeh 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 20 AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS : 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 // County Administrator Caskey provided a report entitled "Use of Property at James and Washington Streets/Pinewood Heights Acquisition and Relocation Project" for the Board's information. The Board noted its receipt of the Report. Supervisor Brown moved to send communication to the Town of Smithfield that the Board supports the Memorandum of Understanding and is awaiting their disposition. 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 noted that it has been mentioned that the Hampton Roads Transportation Authority would take over control of the Bay Bridge Tunnel and he requested clarification as to the end of the Authority in regards to the operations of the Chesapeake Bay Bridge Tunnel. Chairman ivy moved the Board direct County Administrator Caskey to send a letter to Arthur L. Collins, Executive Director of Hampton Roads Planning District Commission, requesting clarification as to the end of the Hampton Roads Transportation Authority in regards to the specific operation of the Chesapeake Bay Bridge TunneL 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. // At 8:55 p.m., Supervisor Bradshaw moved that the Board adjourn its meetin~. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. i ~y-~ ~~,.~ ~r Q IU~~~ ~_~~~~~'7 Carey Mi ls Storm, Clerk ~ Q ~ Thomas R. Ivy, hairman 21