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10-30-2007 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRTIETH 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 4:07 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. // Supervisor Bradshaw 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 Attorney's Report, add public hearing authorization on the Fourth Amendment to the Lease Agreement of the Johnson Farm; under the County Administrator's Report, add A Resolution to Deem Certain Property as Surplus; under the County Administrator's Report, add authorization of staff to begin negotiations with Moffatt and Nichol for engineering services associated with the intermodal park; under the County Administrator's Report, add approval of the transfer of $1,213.48 from the Board's Contingency line item to the appropriate line item in the Information Technology Department Operating Budget; under New Business, add two (2) matters, the first pertaining to consideration of an exemption of charitable organizations from the Utility Tax and the second pertaining to a smoking ban in County restaurants and other facilities, per the request of Supervisor Bradshaw; and, under Old Business, add two (2) matters, the first pertaining to a request fora 3-D simulation for the Benns Grant development and the second pertaining to Charter Communications, per Supervisor Bradshaw. 1 Supervisor Bradshaw moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. // Chairman Ivy called for Special Presentations/Appearances. Chairman Ivy recognized Benjamin V. Rideout for the contribution of engraved nameplates for the Board. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO EXPRESS APPRECIATION TO BENJAMIN V. RIDEOUT WHEREAS, Mr. Benjamin V. Rideout is a resident of Isle of Wight County; and, WHEREAS, Mr. Rideout is actively involved in efforts to beautify the community and improve the quality of life for citizens in Isle of Wight County; and, WHEREAS, Mr. Rideout recently provided engraved nameplates for each of the members of the Isle of Wight County Board of Supervisors; and, WHEREAS, the Board of Supervisors desires to express its appreciation for the benevolence of Mr. Benjamin V. Rideout. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia expresses its heartfelt appreciation for the engraved nameplates provided by Mr. Benjamin V. Rideout. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown absent for the vote. Supervisor Brown arrived at the meeting. He recognized Mr. Rideout for his efforts in designing the monument at the Isle of Wight County Training School. 2 Sheriff C. W. Phelps updated the Board regarding the expansion of the County's Animal Control shelter. He advised that RFPs have been solicited for an architect. He advised that due to a shortage in manpower in that office, he assigned a deputy to full-time status approximately three (3) months ago, as well as auxiliary deputies on weekends in order to keep the facility open to the public. He stated he is working in conjunction with the courts to get assistance with community service workers to clean the kennels. Sheriff Phelps noted that three (3) additional School Resource Officers (SRC) positions that the Board provided in the current year's budget have been stationed in three (3) elementary schools to ensure the safety of all students and school personnel. He stated that he is looking forward to the day that all of the schools will have SROs. Sheriff Phelps advised that the furniture has been received for the back-up system for the emergency communications center in Smithfield and a grant has been awarded to fund the telephones and log-in recorder. In addition, some of the phone lines have been installed and the remainder are on order from Verizon. He noted the electrician is expected to verify that the circuits are on the generator today. He advised the radios are staged at the radio shop and have been tested. He stated the log-in recorder has been shipped and will be in place upon completion of the order. Sheriff Phelps notified the Board of the receipt of grants in the amount of $18,000 from the Division of Motor Vehicles for special enforcement efforts. He stated the majority of the grant is allocated towards funding overtime for officers to conduct seatbelt, DUIs and speeding violations throughout the year. He stated staff is currently working in conjunction with the Newport News Police Department in a j oint DUI checkpoint on November 3, 2007 at the James River Bridge from 9:00 p.m. unti14:00 a.m. He advised that his office has generated approximately $32,000 in fines during the past three (3) months. // Chairman Ivy called for Regional reports. Supervisor Wright reported that the School Superintendent has provided him with a draft outline for after-school youth programs in the County, anticipated to cost approximately $250,000 annually. He advised that the Western Tidewater program at Smithfield High School will be discontinued. He further advised that the School Board's attorney is currently reviewing the teacher/cadet program contract. Chairman Ivy moved that the Board direct County Administrator Caskey to correspond with the School Superintendent and the Director of the Western Tidewater Community Services Board with the request that they 3 appear before the Board at its November 15, 2007 meeting to discuss the elimination of the Western Tidewater program at the Smithfield High School. 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 moved that the School Superintendent provide the Board an update on after-school programs at the Board's November 15, 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. // Chairman Ivy called for Transportation Matters. Kristen M. Mazur, County Engineer, noted contained in the agenda for the Board's reference is an updated spreadsheet illustrating the status of various transportation projects in the County. Chairman Ivy requested Ms. Mazur to contact Mr. Woodard regarding his concern about the curve at the bridge on Courthouse Highway. Supervisor Brown requested Ms. Mazur to elaborate on the preventive solutions for the drainage problem on Route 10. Ms. Mazur advised that the possibility of a box culvert being installed underneath Route 10 is being investigated with VDOT and that staff is keeping in mind the fact that the existing ditches have either been neglected or have been filled in during road construction. Supervisor Bradshaw inquired about the status of the culvert on Route 460 in Zuni at Kitchens Mart. Mac Neblett, VDOT Waverly Residency Administrator, advised that he is awaiting receipt of a report regarding the anticipated cost of an additional pipe at that location. He offered to follow-up with his immediate supervisor on this matter. Supervisor Bradshaw requested the status of the tunnel at Thomas Woods Trail and Zuni Circle. Mr. Neblett advised that VDOT is reviewing the possibility of a turn- around at that site if school buses can be re-routed to Thomas Woods Trail. Supervisor Bradshaw inquired about the status of the widening of the culvert. 4 Mr. Neblett offered to investigate and report back to Supervisor Bradshaw on the status. Supervisor Bradshaw requested action be taken to encourage motorists to stop at the stop sign. Supervisor Bradshaw notified Mr. Neblett that the stop sign has been removed on the Thomas Woods Trail side and he requested that a 45 mph speed sign be erected at that site. Supervisor Bradshaw requested action be taken to funnel traffic out of the tunnel to Route 460 versus the traffic proceeding back up to Zuni Circle within the community. Mr. Neblett advised that the possibility of laying line markers on the road is being investigated. Supervisor Bradshaw requested the status of the drainage problem in Walters. Mr. Neblett advised that he will be revisiting the site before the end of the week. Supervisor Clark moved that the Board direct staff to coordinate a meeting at the Eagle Harbor Shopping Center to include Chairman Ivy, Supervisor Clark, Sheriff Phelps and Mac Neblett relative to the sequencing of lights on Route 17 at the James River Bridge between the hours of 4:00 p.m. and 6:00 p.m. 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 staff to follow the procedure necessary to request that the hours for bridge lifts on the James River Bridge be limited. 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 the status of the Blackwater Bridge. Mr. Neblett advised that the project is scheduled for advertisement either at the end of January 2008 or early part of February 2008. He advised that the project is currently being financed with State funds, but could be delayed if Federal funds become involved. Chairman Ivy requested the status of 202 Waterpoint Lane. 5 Mr. Neblett advised that staff is in the process of determining whether the problem can be corrected through adjustments to the drainage box or if the existing curbing on both sides needs to be lifted. Chairman Ivy requested that Mr. Neblett advise the homeowner of his findings. Ms. Mazur noted contained in the agenda is information pertaining to the restriction of through trucks on Foursquare Road/Broadwater Road (Route 620) for the Board's consideration. She further noted that the matter will be advertised for the Board's November 15, 2007 meeting for public hearing at which time the Board will have a Resolution for consideration. Supervisor Bradshaw moved that the Board approve the proposed schedule that includes the November 15, 2007 public hearing by the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Citizens Comments. No one appeared and spoke. // Chairman Ivy called for Board Comments. No comments were offered. // Chairman Ivy called for the County Attorney's report. Interim County Attorney Burton requested authorization to advertise for public hearing the Chapter 4. Buildings/Article III Inspections Ordinance at the Board's November 15, 2007 meeting. Arthur E. Berkley, Director of Inspections, advised that since the change in the fee schedule in 2005, several items have been found to be inequitable concerning the fees to calculate the levy; reduce the application fee to $150 under the Appeals process; reduce $40 to $30 the permit fee; and, allow the fees to automatically upgrade when changed in the regulations with respect to amusement rides. Supervisor Bradshaw moved that the Board authorize the County Attorney's office to advertise the matter for public hearing at the Board's 6 November 15, 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 requested that the Chairman call a special meeting to hold a public forum by the Virginia Department of Conservation and Recreation to consider making a segment of the Blackwater River as a part the Virginia Scenic Rivers. Supervisor Bradshaw moved that the Board advertise the special 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 requested authorization to set a public hearing on the Fourth Amendment to the Lease Agreement of the Johnson Farm for an additional year for $780 for the Board's November 15, 2007 meeting. Supervisor Clark moved that the Board authorize the County Attorney's office to advertise the fourth amendment to the lease agreement of the Johnson Farm. 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 identified five (5) items for discussion with the Board in Closed Meeting. // Chairman Ivy called for the County Administrator's report. Liesl R. DeVary, Director of Budget and Finance, presented a Resolution to Appropriate Funds from the Designated Fund Balance for the Completion of Various Carryover Operating and Capital Projects for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE FOR THE COMPLETION OF VARIOUS CARRYOVER OPERATING AND CAPITAL PROJECTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the carryover of previously appropriated funds for various operating and capital projects; and, 7 WHERAS, the funds in the amount of four million four hundred thirty- two thousand thirty-three dollars ($4,432,033) need to be appropriated to complete various approved Operating and Capital Budget projects from the Designated Fund Balance to the fiscal year 2007-08 Operating and Capital Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of four million four hundred thirty-two thousand thirty-three dollars ($4,432,033) from the Designated Fund Balance be appropriated to the fiscal year 2007-08 Operating and Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary presented a Resolution to Accept and Appropriate $1,459,254 from the State and Federal Governments for Carryover Grant Programs for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ONE MILLION FOUR HUNDRED FIFTY-NINE THOUSAND TWO HUNDRED FIFTY-FOUR DOLLARS FROM THE STATE AND FEDERAL GOVERNMENTS FOR CARRYOVER GRANT PROGRAMS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received grant funding for various grant programs; and, WHEREAS, the following funds in the amount of one million four hundred fifty-nine thousand two hundred fifty-four dollars ($1,459,254) need to be accepted and appropriated to the Fiscal Year 2007-08 Operating Budget of the County of Isle of Wight, Virginia: Grant State Federal DMV Selective Enforcement 10,918.27 Home Program 228,902.17 8 Governor's Youth (GOSAP) 9,550.00 Pesticide Recycling 1,875.00 V-Stop 10,276.91 COPS Technology 11,170.16 CDBG Booker T. Estates 1,142,561.32 VA Port Authority 44,000.00 1,197,986.32 261,267.51 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the amount of one million four hundred fifty-nine thousand two hundred fifty- four dollars ($1,459,254) to be received from the above grant programs be accepted and appropriated to the appropriate line items in the Fiscal Year 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 adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary distributed a revised Resolution to Appropriate Funds for School Carryover Obligations for the Board's consideration. She advised that the Resolution contained in the agenda is in error as it does not include the operating purchase orders and the food services amount. Supervisor Bradshaw moved that the Board adopt the following Resolution, as revised: RESOLUTION TO APPROPRIATE FUNDS FOR SCHOOL CARRYOVER OBLIGATIONS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of carryover funds to cover approved expenditures from the School Operating Fund Balance at June 30, 2007 to the FY 2007-08 School Operating Budget; and, WHEREAS, the funds in the amount of eight hundred three thousand five hundred forty-two dollars ($803,542) is available in the School Operating Fund Balance and has been approved for appropriation to the FY 2007-08 School Operating Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that eight 9 hundred three thousand five hundred forty-two dollars ($803,542) from the Fund Balance of the School Operating Fund be appropriated to the FY 2007- 08 School Operating Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary presented a Resolution to Appropriate Funds from the School's Fund Balance for the Completion of Various Capital Projects for Schools for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE SCHOOL' S FUND BALANCE FOR THE COMPLETION OF VARIOUS CAPITAL PROJECTS FOR SCHOOLS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the carryover of previously appropriated funds for various capital projects for Isle of Wight County Schools; and, WHERAS, the funds in the amount of two hundred fifty-nine thousand six hundred thirty-nine ($259,639) need to be appropriated to complete various approved Capital Budget projects from the School Construction Fund Balance to the fiscal year 2007-08 School Construction Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of two hundred fifty-nine thousand six hundred thirty-nine ($259,639) from the School Construction Fund Balance be appropriated to the fiscal year 2007-08 School Construction Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. 10 Ms. DeVary presented a Resolution to Appropriate Funds from the designated Fund Balance for the Completion of Various Capital Projects for Schools for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FUNDS FROM THE DESIGNATED FUND BALANCE FOR THE COMPLETION OF VARIOUS CAPITAL PROJECTS FOR SCHOOLS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the carryover of previously appropriated funds for various capital projects for Isle of Wight County Schools; and, WHERAS, the funds in the amount of one hundred eighty-two thousand seven hundred sixty-five dollars ($182,765) need to be appropriated for various Capital Budget projects from the Designated Fund Balance to the fiscal year 2007-08 General Operating and Capital Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the sum of one hundred eighty-two thousand seven hundred sixty-five dollars ($182,765) from the Designated Fund Balance be appropriated to the fiscal year 2007-08 General Operating and Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary presented a Resolution to Accept and Appropriate Funds from the State and Federal Governments for Carryover Grant Programs for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE STATE AND FEDERAL GOVERNMENTS FOR CARRYOVER GRANT PROGRAMS 11 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received grant funding for various grant programs; and, WHEREAS, the following funds in the amount of two hundred fifty- six thousand three hundred twenty-five dollars ($256,325) need to be accepted and appropriated to the Fiscal Year 2007-08 School 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, Virginia that the amount of two hundred fifty-six thousand three hundred twenty-five dollars ($256,325) to be received from various grant programs be accepted and appropriated to the appropriate line items in the Fiscal Year 2007-08 School Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary presented a Resolution to Appropriate Carryover Funds for School Textbook and Health Insurance Expenditures for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE CARRYOVER FUNDS FOR SCHOOL TEXTBOOK AND HEALTH INSURANCE EXPENDITURES WI~REAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved the appropriation of textbook and health insurance funds to the School Board to cover expenditures incurred during FY 2007-08; and, WI~REAS, funds in the amount of five million two hundred twenty-four thousand three hundred sixty-three dollars ($5,556,363) need to be appropriated from the textbook and health insurance fund balances in the amounts of four hundred twenty thousand dollars ($420,000) and four million eight hundred four thousand one hundred sixty-five dollars ($4,804,165) respectively to cover approved expenditures in the noted funds to be incurred in the FY 2007-08 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, Virginia that five million two 12 hundred twenty-four thousand three hundred sixty-three dollars ($5,556,363) need to be appropriated from the textbook and health insurance fund balances in the amounts of four hundred twenty thousand dollars ($420,000) and four million eight hundred four thousand one hundred sixty-five dollars ($4,804,165) respectively to the FY 2007-08 School Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. DeVary presented A Resolution to Deem Certain Property as Surplus for the Board's consideration. Chairman Ivy moved the Board adopt the following Resolution and authorize its inclusion in the sale of surplus property to be held November 3, 2007: RESOLUTION TO DEEM CERTAIN PROPERTY AS SURPLUS WHEREAS, the County of Isle of Wight has personal property consisting of vehicles and equipment that is no longer serviceable or needed and has been replaced by new equipment by the County of Isle of Wight; and, WHEREAS, the Board of Supervisors of Isle of Wight County deems the following personal property to be surplus and desires to dispose of same at public auction; 1997 Ford F250 BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, as the Central Purchasing Agent be and is hereby authorized to sell said surplus property after advertising the date, place and terms in a newspaper having general circulation in the County of Isle of Wight at least five (5) days prior to said sale and the County Administrator shall report to the Board of Supervisors of the County of Isle of Wight as to the disposition of said property. 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 Patrick J. Small, Assistant County Administrator, notified the Board that RRPs had been solicited for a professional engineering firm to assist staff in designing, master planning and development of the 600 acre parcel in the Central Development Service District for an intermodal park project. He advised that because only one (1) bid was received, staff must have the Board's authorization to proceed. He advised that that he anticipates bringing a contract to the Board for its consideration over the next several months. Supervisor Bradshaw moved the Board authorize staff to begin negotiations with Moffatt and Nichol for engineering services associated with the intermodal park. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Assistant County Administrator Small notified the Board that a trip has been scheduled for November 29th, 30th and December 1, 2007 to review an intermodal park in Alliance, Texas. Mr. Small offered to provide the Interim County Attorney with any details associated with the upcoming trip. Chairman Ivy directed staff to advertise the trip as a public meeting. Kari L. Sletten, Director of Information Technology, distributed a copy of a Board Report concerning network cabling for the General District Courts building. She advised that eight (8) new computers have been received by the State that do not contain network cards compatible with the existing wiring in the building. She further advised that the General District Courts building needs to be rewired to accommodate the new computers and because the County owns the building, the County is responsible for its maintenance. She stated unfortunately the State did not inform the County of this request in time for staff to properly budget and, as a result, a transfer from the Contingency line item to cover this cost is necessary. She noted that staff wanted to bring this to the Board's attention because it has recently taken over other responsibilities that have belonged to the State in the past involving network support for the Registrar's office, to include e-mail accounts and printers. She noted that a similar situation has also occurred with the Forestry Department in which Internet access was requested and provided for on a temporary basis for which the County will not receive reimbursement from the State. Supervisor Bradshaw moved the Board approve the transfer of $1,213.84 from the Board's Contingency line item to the appropriate line item in the Information Technology Department Operating Budget contingent upon the Director of IT contacting the Director of General Services to determine if this matter can be handled internally. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, 14 Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct staff to develop a report listing the IT services that have been taken over by the IT Department from the State and that the report be forwarded the County's Legislative Delegation emphasizing the unfunded mandates that have come from the State. 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 consideration of the Consent Agenda. A. Monthly Engineering Projects Report B. Litter Prevention and Recycling Grant Funds Received Resolution to Accept and Appropriate Litter Grant Program Funds from the Commonwealth of Virginia C. Endorsement of Bike and Pedestrian Grant Application Resolution to Endorse the Application of the Department of Parks and Recreation for a Transportation Enhancement Grant Phase I, Battery Park Road Project Supervisor Wright moved that the Consent Agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for Appointments. Chairman Ivy moved to accept the resignation of Wayne Willis representing the Smithfield District on the Board of Building Appeals. 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 to appoint County Administrator Caskey to serve a full three (3) year term on the Western Tidewater Community 15 Services Board and that Donald T. Robertson serve as his designee. 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 Old Business. Supervisor Bradshaw noted that a 3-D simulation program of the Berms Grant project would be beneficial that shows the buildings and traffic flow. Amy Ring, Assistant Director of Planning and Zoning, advised that there are different variations of 3-D programs, some of which contain moving components or simulate visually as you move down a street. Supervisor Bradshaw recommended that staff solicit a recommendation from the Hampton Roads Planning District Commission and that the program selected be obtained at the expense of the developer. Supervisor Bradshaw moved that the Board direct staff to review the technology associated with 3-D simulation for the Benns Grant development that shows the buildings and associated traffic impact of the project. 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 County Administrator Caskey to follow up on the Board's previous request for a map showing Charter Communication's areas of service in the County. County Administrator Caskey advised that he has directed Supervisor Bradshaw's request to Charter Communications Director of Operations, but has not yet heard back. Supervisor Bradshaw requested Interim County Attorney Burton to review the current Franchise Agreement to see if it includes a requirement that Charter Communications provide a map illustrating its service area to the Board. Chairman Ivy indicated an interest in receiving a presentation from Charter Communications relative to the expansion of cable services and high speed Internet to portions of the County not currently receiving those services. // 16 Chairman Ivy called for New Business. Supervisor Bradshaw moved that the Board direct the Interim County Attorney to review the possibility of providing exemptions from the Consumer Utility Tax to charitable organizations in the County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board direct the Interim County Attorney to investigate the possibility of the County joining in with the Cities of Norfolk and Virginia Beach to investigate what can legally be done as a County with respect to banning smoking in public restaurants and other facilities. 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 concerning consultation with legal counsel requiring the provision of legal advice pertaining to probable litigation; pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act concerning consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2-37ll.A.7 of the Freedom of Information Act concerning consultation with legal counsel requiring the provision of legal advice pertaining to specific public officials; pursuant to Section 2.2- 37ll.A.7 of the Freedom of Information Act concerning consultation with legal counsel requiring the provision of legal advice pertaining to Benn's Grant; and, pursuant to Section 2.2-37ll .A. l of the Freedom of Information Act concerning a personnel matter pertaining to a specific public official. Supervisor Clark 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, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING 17 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. V(~TR AYES: Brown, Bradshaw, Clark, Ivy and Wright NAYS : 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark moved that the Board authorize the County Attorney to employ private legal counsel as discussed in Closed Meeting with regard to HRSD litigation. 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 authorize the County Attorney to employ private legal services with regard to active zoning litigation in Isle of Wight Circuit Court as discussed in Closed 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. // At 6:50 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. 18 Thomas R Ivy, Chairman Carey Mills Storm, Clerk 19 NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisars 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 Di.TRING MEETING; 0 Supervisor Clark moved that the Board authorize the County Attorney to employ private legal counsel as discussed in Closed Meeting with regard to HRSD litigation. 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 authorize the County Attorney to employ private legal services with regard to active zoning litigation in Isle of Wight Circuit Court as discussed in Closed 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. // At 6:50 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. ~~ Thomas R. ,Chairman Care Mills Sto m, Clerk