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10-04-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. (Arrived at 4:15 p.m.) Thomas J. Wright, III Phillip A. Bradshaw Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Ivy called the meeting to order at 4:00 p.m. and 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 to the agenda: Under the County Administrator's report, defer the Elliot Cohen matter, at his request, to a later date; under the County Administrator's report, add approval of the Consulting Contract for the Route 58 Master Plan; under the County Attorney's report, add authorization for the County Administrator to endorse the Professional Coordination Services Agreement between the City of Suffolk and the County; under the County Administrator's report, add adoption of a Resolution of Appreciation for Mrs. Ann G. Edwards for her many years of service to the citizens of Isle of Wight; under Old Business, add discussion of the use of the James and Washington Streets property in relation to Pinewood Heights, as requested by Supervisor Brown; under the County Attorney's Closed Meeting report, add four (4) items; under the County Attorney's report, add an emergency ordinance to prohibit burning in the County due to dry conditions; under the General Services report, add an item authorizing staff to proceed with designating the Blackwater River as a Virginia Scenic River; under New Business, add an item regarding regional homelessness, per the request of Supervisor Bradshaw; under New Business, add an item regarding assistance to citizens in need of new wells as a result of the drought conditions in the County, per the request of Supervisor Bradshaw; and, under New Business, add an item regarding the flood property in Zuni, per the request of Supervisor Bradshaw. 1 Supervisor Bradshaw moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; Supervisor Brown absent for the vote; and no Supervisors voting against the motion. // Chairman Ivy called for Special Presentations/Appearances. Dr. Michael W. McPherson, Superintendent of Schools, formally introduced Dr. Mary Mehaffey who reported that all of the County's schools have been fully accredited by the Virginia Department of Education. She stated accomplishments include: Development of apre-school curriculum; improved summer programming; alignment of quarterly assessments; increased honors and advanced placement courses; implementation of a teacher/cadet program with Paul D. Camp Community College; increased support to the schools and special education training; updated instructional and student policies; increased on-line assessment; increased screening evaluation and placement processes for gifted students; facilitation of classes for Strong Leaders Academy; production of training CDs for all educators using research-based strategies; and, the development of Internet safety training programs and informational brochures for teachers, parents and students. She advised that initiatives for this year include improving scores in mathematics grades 6 through 12; improvement of SAT scores above the national average; continuation of increasing access to honors and AP classes; and, continuation of increasing opportunities for students pursuing a career in technical education certification. She noted that school staff wishes to provide strategic planning and foreign language for behavioral intervention by the Western Tidewater Community Services Board. She concluded that student assistance staff will be selected relative to improving school processes and providing electronic report cards at the elementary level. Supervisor Brown arrived at the meeting. // Chairman Ivy called for Regional reports. Chairman Ivy provided County Administrator Caskey with a copy of the Annual Report of the Hampton Roads Military and Federal Facilities Alliance with a request that he provide copies to the other Board members. He noted the Alliance, at its most recent meeting, received a presentation relative to outlying landing fields and discussed the importance of the Navy getting OLFs in the Virginia, northeastern North Carolina vicinity. 2 Regarding the Mayors and Chairs Caucus most recent meeting, Chairman Ivy requested that County Administrator Caskey disseminate copies of correspondence received from the Mayor of the City of Hampton relative to Air Force cyber command initiatives. He advised that a Committee of the Hampton Roads Transportation Authority is proposing the removal of the $10 automobile inspection fee; the 5% tax on automobile repairs; and, the grantor's tax of $.40 cents per $100 of assessed value. He stated with respect to the motor vehicle rental tax, an increase from 2% to 5% is being proposed; the one-time vehicle registration fee of $10 is proposed to be 2%; and, the fuel sales retail tax is proposed to be increased from 2% to 5%. Supervisor Brown reported that the Southeastern Public Service Authority had extended its $3.5 million Line of Credit with the Bank of America for operational expenses. He advised that flow control will be left up to the individual localities. He further advised that proposals from three (3) private landfills were solicited in anticipation of the landfill on Route 460 being full by the year 2012. // Chairman Ivy called for Transportation Matters. Kristen M. Mazur, County Engineer, made reference to the report contained in the agenda regarding the status of various transportation projects throughout the County. She advised that VDOT's suggestion relative to the curve on Route 258 is to add signs and increase their size rather than lower the speed limit. With respect to the culverts in Carrsville, she advised that deficiencies have been identified and a report will be forthcoming. Supervisor Wright requested that staff make arrangements for Mac Neblett to review the drainage problem that is occurring at Mr. Walker's property in Central Hill. Supervisor Wright advised that new transitions are needed from the pavement to the bridge on Rescue Road. Supervisor Bradshaw requested that Ms. Mazur investigate who is responsible for the upkeep of the sidewalks along Carrsville Highway and Carver Road, on Business 58 (in front of International Paper and in front of the Parks and Recreation center and Franklin Equipment Company). Grace Keen of Benns Church Boulevard advised that traffic is backing up at the intersection of Route 17 and 258 in Bartlett. She requested that litter signs depicting a $1,000 fine for violators be erected. 3 Chairman Ivy advised that the stop lights on Route 17 at the James River Bridge to the Bartlett intersection are not properly sequenced and are in need of timers. // Chairman Ivy called for Citizens Comments. R. L. Walker of Central Hill requested that the Board revisit the newly adopted rules associated with the County's convenience centers. He notified the Board that he had recently been unable to dispose of materials from a recent house renovation at a County convenience center and, as a result, he was forced to transport those materials to the transfer station on Route 620 where he was advised that he could dispose of the materials, but for a fee. He noted that he ended up carrying the materials to the Suffolk landfill where they were disposed of for free. Grace Keen, on behalf of the Commission on Aging, expressed the need for a liaison between the Board and the Commission, which is in need of revitalization. She noted only people truly interested should be appointed to committees/boards/commissions and that staff should arrange a meeting between the appointee and the Chairperson on a committee/board/commission following the appointment of any individual to apprise them of the functions associated with their particular organization. Supervisor Clark moved that Mrs. Keen's concerns be referred to staff and that staff return with a recommendation on how to revitalize the Commission in order to make it more effective and more responsive to the Board and the Board more responsive to the Commission. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw offered to meet with the Commission and act as a liaison. Rex Alphin requested that the County's Burn Ordinance be revisited and its parameters broadened in order to provide leeway on when burning can and can not be done. // Chairman Ivy called for Board Comments. Supervisor Clark commented on certain inaccuracies in the most recent edition of the Smithfield Times under the editorial section relative to 4 the Board's recent decision to deny a sandpit application and the Supervisors' involvement with the Benns Grant project. Chairman Ivy clarified that the County's Pre-tax Program is for personal property taxes, not car taxes, as stated in a recent article printed in the Daily Press. // Chairman Ivy called for the County Attorney's report. Interim County Attorney Burton requested that the Board advise him of any proposed changes to the Rules of Procedure, which are contained in the agenda. He proposed that the matter be further discussed at the Board's November 15, 2007 meeting prior to adoption at the Board's organizational meeting in January 2008. Interim County Attorney Burton noted pursuant to Supervisor Clark's inquire about compensation to Planning Commission members, provided in the agenda is a copy of Section 15.2-2212 of the Code of Virginia which states that a governing body may provide for compensation to Commission members for their services or reimbursement for actual expenses incurred, or both. He advised that there is no statutory ceiling on the amount that the Board can authorize. He advised that the Director of Planning and Zoning has also included a report on this issue under the Community Development report. Interim County Attorney Burton presented a proposed amendment to Chapter 2. Administration/Article VL False Alarms and requested the Board's authorization for his office to advertise the matter for public hearing at the Board's October 18, 2007 meeting. Supervisor Brown moved that the Board direct the County Attorney's office to advertise the proposed Ordinance for public hearing at the Board's October 18, 2007 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a proposed amendment to Chapter 7. Fire Protection. Article III. Open Burning, which has been sent to a committee for study by the Fire and Rescue Association with a report back of recommended revisions. Supervisor Bradshaw moved that staff be directed to review the Ordinance as it relates to the abilities of businesses and charitable and religious organizations to burn. Staff is to hold a training session with the Board to explain the Ordinance; that all decisions or questions should be brought to legal counsel; and, that a staff person be designated so that 5 residents have a person to contact regarding questions about the Ordinance. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that pursuant to the Board's request, staff will be placing the fact sheet in the County's newsletter as part of the educational process. Chairman Ivy recommended that the time period be from October until February when the 4:00 p.m. burn law is instituted. Interim County Attorney Burton presented a proposed Emergency Ordinance to Amend Chapter 7. Fire Protection. Article III. Open Burning. Sec. 7-9.1 Emergency Open Burning Ban, which would take effect immediately and last for sixty (60) days, unless the Board readopted and advertises it. Supervisor Wright moved that the Board adopt the following Ordinance: AN EMERGENCY ORDINANCE TO AMEND CHAPTER 7. FIRE PROTECTION. ARTICLE III. OPEN BURNING. SEC. 7-9.1 EMERGENCY OPEN BURNING BAN WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, is committed to ensuring the safety and security of its citizens and their property within Isle of Wight County; and WHEREAS, the Board of Supervisors is concerned by the lack of sufficient rainfall over the past weeks that has led to severely dry conditions in and around Isle of Wight County; and WHEREAS, the Board of Supervisors deems such conditions to be a threat to the safety and security of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 7. Fire Protection. Article III. Section 7- 9.1 Emergency Open Burning Ban of the Isle of Wight County Code be enacted as follows: Sec. 7-9.1 Emergency Open Burning Ban It shall be unlawful for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other flammable material capable of spreading fire. Any person violating this section shall be guilty of a Class 4 misdemeanor. Nothing in this 6 section shall be construed to prevent the burning of wood or wood products in a fireplace, wood stove or similar device for use indoors. This Ordinance shall only be valid for sixty (60) days. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy directed Steven A. Aigner, Fire and EMS Coordinator, to contact the County Attorney's office to renew the Ordinance if it has not rained over the next sixty (60) days. Interim County Attorney Burton presented a Professional Coordination Services Agreement between the City of Suffolk and the County regarding the sharing of staff for the Comprehensive Services Act. Supervisor Bradshaw moved that the Board authorize the County Administrator to execute the Agreement. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised the Board that he had five (5) items to discuss with the Board during Closed Meeting. // Chairman Ivy called for the Community Development report. Ms. Walkup presented staff's recommendation that compensation for Planning Commission members be increased from $75 to $125 per regular meeting and that work sessions and committee meetings remain at $75. Supervisor Clark moved that the Board direct staff to increase the Planning Commission's compensation for regular meetings from $75 to $125 per meeting and that compensation for work sessions and committee meetings remain at $75 per meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board authorize staff to transfer $4,950 from the Board's Contingency line item. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Information Technology report. 7 Kari L. Sletten, Director of Information Technology, requested that the Board authorize the Chairman to sign the registration form for the Local Update Census Address Program (LUCA) and approve staff's participation in the LUCA Program at the Option 3 Level. She advised that staff will be submitting data on behalf of the Towns of Smithfield and Windsor. Supervisor Bradshaw moved that the Board authorize the Chairman to sign the LUCA registration form and approve staff's participation in the U.S. Census Bureau's LUCA Program at the Option 3 Level. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for the Parks and Recreation Report. William L. Twine, Director of Parks and Recreation, addressed a proposal for improving public safety at Tyler's Beach. He noted that off- duty deputies will be stationed at the facility on various days and times during the week, to be determined by the Department of Parks and Recreation and the Sheriff's Department. He advised that the Sheriff will be paying the deputies' salaries from his existing budget; however, the deputies are intended to be a temporary solution for the remainder of the fiscal year. He noted that soon there will be three (3) County parks and recreation facilities in the immediate area and additional funds will be needed for oversight and maintenance of the Tyler's Beach, Fort Huger and the Hardy District Park. He advised that rules of use will be posted at Tyler's Beach and fees for docking and mooring vessels will be implemented, although they will not be sufficient to recoup all that the County has invested in the harbor. Supervisor Wright requested that a time limit of thirty (30) days for inoperable vessels be included. Supervisor Brown requested that Item 14, the $500 per year docking fee, be removed for further evaluation. Mr. Twine reminded the Board that if a different price from that charged to County residents is charged to out-of-county individuals, the County will jeopardize receiving $860,000 from the Corps of Engineers for dredging the channel. Supervisor Clark moved that the Board approve the rules with the amendment of a 30-day grace period for inoperable boats and that Item 14 be removed for additional evaluation and discussion. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy 8 and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board authorize the use of deputies at Tyler's Beach, as requested by the Parks and Recreation Department. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for the General Services report. E. Wayne Rountree, P.E., Director of General Services, addressed the Board regarding acceptance of household construction debris at County convenience centers. He noted that residents are currently being inconvenienced by having to carry construction debris to the landfill in Suffolk. Supervisor Clark moved that the Board authorize the County Attorney to prepare an amendment to Chapter 8 "Garbage, Weeds and Litter" which will allow citizens to dispose of household construction debris at County convenience centers and to schedule the matter for public hearing at the earliest reasonable time. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw requested that staff continue to review how those items that are currently being restricted at convenience centers can be accepted in the future. Supervisor Bradshaw moved that staff be directed to review the aspects associated with small businesses, i.e., what defines a small business, with the possibility of incorporating them in the Ordinance, with the direction of the Department of Economic Development. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw noted that staff has met with the Southampton County Administrator and held a presentation on the designation of the Blackwater River as a Virginia Scenic River. Supervisor Bradshaw moved that the Board authorize staff to schedule a public information meeting for Isle of Wight and Southampton Counties at the Paul D. Camp Workforce Development Center to designate the Blackwater River as a Virginia Scenic River. The motion was adopted by a 9 vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright requested that staff ensure that the Blackwater River can still be cleaned although the Corps of Engineers is in the process of conducting a study relative to flooding in the City of Franklin. Woody Walker, Planning and Zoning, offered to pose this question to staff of the Department of Conservation and Recreation at the public forum. // Chairman Ivy called for the County Administrator's report. County Administrator Caskey stated pursuant to the Board's direction at its September 20, 2007 meeting is a Resolution to Support Legislation to Ban Plastic Bags for the Board's consideration. Supervisor Wright moved that the Board adopt the following Resolution: RESOLUTION TO SUPPORT LEGISLATION TO BAN PLASTIC BAGS WI~REAS, each year, over 14 million trees and 12 million barrels of oil are consumed for the production of plastic shopping bags; and, WI~REAS, plastic bag entanglement is the direct cause of death of over 100,000 marine animals; and, WI~REAS, the environmental impact of these bags is compounded by the fact that they are very difficult to recycle and they contaminate and hinder the recycling of other materials; and, WHEREAS, these bags create significant litter problems along the roadways and farm fields in Isle of Wight County and have begun to contaminate the cotton harvested and processed in the County; and, WHEREAS, the litter and contamination have a negative impact on the aesthetics of the community and the livelihood of those families involved in agribusiness. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia requests the General Assembly adopt legislation that would grant localities throughout the Commonwealth of Virginia the enabling authority to ban or discourage the use of plastic bags. 10 The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey advised that the City of Staunton has adopted a resolution requesting that the General Assembly cap interest rates at 36% on consumer loans and the Staunton City Manager has distributed the resolution to various localities for their consideration. Supervisor Bradshaw moved that the Board direct Mr. Robertson to review the VACo Legislative package and report back to the Board with a recommendation. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey noted that contained in the agenda is information regarding a variety of programs related to Green Government initiatives. He advised that staff would continue to review and provide recommendations to the Board on how to proceed relative to these efforts. Chairman Ivy requested that staff provide the Board a breakdown of the cost and payback associated with implementing green government initiatives in major projects in the County. Mr. Rountree advised that staff would be bringing back a report outlining any additional costs for implementation and long-term payback for the new courts building. Supervisor Bradshaw requested that County Administrator Caskey and staff continue to review the initiatives and come back with recommendations on how to proceed. He recommended that staff begin to incorporate the Green Government initiative and Energy Star program into day-to-day activities. Donald T. Robertson, Director of Information Resources and Legislative Affairs, on the issue of funding of a proposed Health Department and Human Services building, advised that he has been cautioned by individuals at the State level that their intent is not to put upfront funds in the project, but rather increase the rent over time, essentially reimbursing the County over a period of time. He advised that the State wants the Board to give consideration to whether or not this project can be entered into the upcoming biennial budget. Supervisor Bradshaw requested that staff ensure the project is included in the biennial budget, noting that the County has the funds already appropriated for that time period. He stated the construction should be planned to coincide with the funding in the biennial budget. He requested 11 that County Administrator Caskey review the feasibility based on other ongoing CIP projects. Mr. Robertson advised that staff intends to put in a formal request for funding and he inquired if the Board wished to modify the schedule because of the CIP. Chairman Ivy requested that it be left as is. Supervisor Bradshaw requested that Mr. Robertson check to see if there has been any additional information sent out relative to the State's Social Services building survey. County Administrator Caskey presented a Resolution of Appreciation to Ann G. Edwards on the Occasion of her Retirement for the Board's consideration. Supervisor Bradshaw moved the Board adopt the following Resolution and that a luncheon be held on the day of the meeting that the Resolution is to be presented to Mrs. Edwards: RESOLUTION OF APPRECIATION ANN G. EDWARDS ON THE OCCASION OF HER RETIREMENT WHEREAS, Ann G. Edwards, began her career with Isle of Wight County in the Commissioner of Revenue's Office in 1952 and served with that office until 1969; and, WHEREAS, Mrs. Edwards was appointed as the Isle of Wight County Registrar in 1983 and served the citizens of Isle of Wight in this capacity until her retirement in June 2007; and, WHEREAS, during her 24 year tenure as Registrar, she diligently maintained Isle of Wight's list of authorized voters, saw a significant growth in the registered voters in Isle of Wight, implemented Federal and State voting mandates, and oversaw significant changes in the voting process brought on by new equipment, including the implementation of statewide automated voter registration, and, WHEREAS, during her long and distinguished career Mrs. Edwards was instrumental in successfully overseeing tremendous change, growth and progress within Isle of Wight County; NOW THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Ann G. Edwards be recognized and commended for her distinguished service to the citizens of Isle of Wight County, and is 12 presented this Resolution as a token of the Board's gratitude and esteem; and, BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Ann G. Edwards its best wishes for her future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this 4~ day of October, 2007. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for the Virginia Route 58 Corridor Plan for the Board's consideration. Supervisor Bradshaw moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR VIRGINIA ROUTE 58 CORRIDOR PLAN WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an agreement for professional services to perform a Corridor Plan for Virginia Route 58 ;and, WHEREAS, funds in the amount of one hundred thirty thousand five hundred ninety-five dollars ($130,595) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2007-08 Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one hundred thirty thousand five hundred ninety-five dollars ($130,595) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2007-08 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. 13 Supervisor Bradshaw moved the Board authorize the County Administrator to execute the Agreement for professional services with Renaissance Planning Group, Inc. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Joseph R. Chase, Emergency Management Coordinator, briefed the Board on the recent rescue operation involving a plane crash in which victims had to be rescued from a treetop. // Chairman Ivy called for consideration of the Consent Agenda. A. Incentives for Volunteer Fire and Rescue Personnel B. CIP FY 2009-13 Kick-Off C. Monthly Engineering Projects Report: October 2007 D. Fire Hydrant -Intersection of Obrey Drive and Anna Drive E. Skating Rink -Petty Cash Resolution to Increase Petty Cash Funds at Skating Rink F. Voting Credentials for the VACo Annual Business Meeting G. County Policy Amendments Resolution to Amend the County Policy Manual Chapter 1, Article VI, Section 6.3-6.4, and Article XII, Section 12.0-12.5 H. County Policy Amendment Resolution to Amend the County Policy Manual Chapter 4, Article I, Section 1.7 and 1.9 and Chapter 7, Article IV, Section L 2008 Legislative Priority List J. Application of International Paper, owner, for a Preliminary Site Plan approval for a proposed wood storage yard with accessory scales, scalehouse, maintenance building, unbinding racks and private refueling station. K. Cash Proffer Study Update 14 Supervisor Bradshaw moved that the Board adopt the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Appointments. There were no appointments offered. // Chairman Ivy called for Old Business. The Board acknowledged a report relative to convenience center attendants and took no action. Chairman Ivy reported that he had met with the Wetlands Board Chairman relative to changes in the Wetlands By-Laws and that the Chairman had offered to take the proposed changes back to the Wetlands Board and report back to Chairman Ivy regarding the Wetlands Board's response. Regarding use of the James and Washington Street property in relation to Pinewood Heights, Supervisor Brown moved that the Board direct the Chairman to draft a letter to serve as evidence of the Board's commitment to offer the lots or the funds, as per the MOU, upon the approval of the County Attorney. Carbon copies of the letter are to be sent to the Board and the letter is to be addressed to the Mayor of Smithfield. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for New Business. Supervisor Bradshaw moved that the Board direct staff to investigate how the Department of Social Services is tied into what the Cities of Norfolk and Virginia Beach have done relative to the regional effort to prevent homelessness. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. 15 Supervisor Bradshaw moved that the Board direct staff to investigate what type of assistance (State/County/Federal/Social Services) is available to citizens whose wells have dried up due to the recent drought and that such information be publicized on the County's website. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board authorize staff to have the house in Zuni demolished. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board direct that a staff member from the Department of Parks and Recreation be available to attend all future annual Bikeway & Pedestrian Pathways conferences. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board direct that a Department of Planning and Zoning staff member be available to attend all future annual Smart Growth Partnership conferences. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act regarding consultation with legal counsel requiring the provision of legal advice pertaining to Lawne's Point; under Section 2.2-37ll.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Red Oaks Mobile Home Park; under Section 2.2-37ll.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; under Section 2.2-37ll.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a specific site plan (St. Luke's Village); and, under Section 2.2-37ll.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to the Smithfield Water System. Supervisor Bradshaw 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 (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. 16 Supervisor Bradshaw moved that the Board return to open session. 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. Chairman Ivy moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WI~REAS, 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, WI~REAS, 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. vnTF. AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS : 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the Closed Meeting. // Emily Haywood, Director of Human Resources, reminded the Board that the County picnic is scheduled for tomorrow from noon to 2:00 p.m. // At 7:25 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. 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. 17 Thomas R Ivy, Chairman Carey Mills Storm, Clerk 18 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. V(1TF AYES: Brawn, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the Closed Meeting. // Emily Haywood, Director of Human Resources, reminded the Board that the County picnic is scheduled for tomorrow from noon to 2:00 p.m. A 0/ At 7:25 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. 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. ~~~ Carey 'lls Storm, Clerk Thomas R. I Chairman