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05-26-2011 Called MeetingCALLED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY -SIXTH DAY OF MAY IN THE YEAR TWO THOUSAND AND ELEVEN PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice - Chairman Al Casteen JoAnn W. Hall Kenneth M. Bunch Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk /1 /I Chairman Wright called the meeting to order at 6:30 p.m. Supervisor Casteen delivered the invocation. The Pledge of Allegiance was conducted. Chairman Wright called for Approval of the Agenda. Noting that he had certain amendments to the agenda, Interim County Attorney Burton requested the Board to waive the notice requirements pursuant to Section 15.2 -1418 of the Code of Virginia. Supervisor Clark moved to waive the notice requirements. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested that the agenda be amended to include the Redistricting Committee meetings minutes so that his office can proceed with completing the County's submission to the Virginia Department of Justice. Supervisor Clark moved that the following sets of Redistricting Committee minutes be adopted: March 24, 2011; April 5, 2011; April 7, 2011 budget work session; April 7, 2011 regular meeting; and, April 11, 2011. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 1 1/ Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Code of Virginia concerning a personnel matter pertaining to a specific public official. Supervisor Hall moved that the Board enter the closed meeting for the reason stated. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bunch, Casteen, Clark, Hall and Wright NAYS: 0 ABSENT DURING VOTE: 0 2 ABSENT DURING MEETING: 0 /1 At 7:00 p.m., Chairman Wright called for a public hearing on the following: Appropriation Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for Fiscal Year 2011 -2012. Interim County Attorney Burton recommended approval of the proposed Ordinance to the Board. Chairman Wright called for persons to speak in favor of or in opposition to the proposed Ordinance. Sharon Hart of the Newport District complemented the Board for its past prudence and fiscal responsibility. Delphia Marie Talton Bailey of Carrollton spoke in opposition of the proposed real estate tax rate increase. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance be adopted: AN APPROPRIATION ORDINANCE PERTAINING TO THE BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 ADOPTED THE 26th DAY OF MAY, 2011. BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: (a) By motion at its May 12, 2011 meeting, the Board approved a budget for fiscal year 2011- 2012 in the sum of $91,180,021.00; (b) That lump sum appropriations are hereby made on an annual basis for fiscal year beginning July 1, 2011, through June 30, 2011, for separate items, categories, functions and purposes in the budget adopted by the Board of Supervisors on the 12th day of May, 2011, including the sum of $ 57,861,769.00 is hereby appropriated to the Isle of Wight County School Board. (c) That all proceeds received for the fiscal year beginning July 1, 2011 from the County general tax rate levies, from other local revenue, from Federal and State funds and supplements and from all other funds and sources for general County functions and purposes, including public schools 3 and public welfare, be credited to the General Revenue Fund of this County, and, when and if appropriated by, the Board of Supervisors of this County, shall be used for such functions and purposes and to defray the charges and expenses of said County and all necessary charges incident to or arising from the execution of the lawful authorization of the Board of Supervisors of this County; (d) That the County Administrator is hereby authorized to make all expenditures in payment of all line items in the budget at any time during the fiscal year in any amounts so long as those amounts are not greater than the amounts available in the fund for such item or category and the County Administrator is hereby authorized to make line item transfers within categories and from category to category so long as the transfers of line items are within the budget and do not exceed the funds available for such purpose. (e) That all encumbered funds which are earmarked for specific projects, which are not expended during the current fiscal year, will be carried over as encumbered funds for said projects for the ensuing years unless the encumbrances are removed by action of the Board of Supervisors. (f) That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "funds" in the aforesaid budget estimates from the General Revenue Fund, from time to time, as monies become available, sums equal to but not in excess of the appropriation herein made to such "funds ", for the functions and purposes therein indicated from the General Revenue Fund for the period covered by this appropriation ordinance. (g) That the Treasurer of Isle of Wight County is hereby authorized to honor and pay all warrants and to pay out funds from the various "funds" indicated in said Budget estimates for any contemplated expenditure for which funds have been made available and appropriated for such contemplated expenditures. (h) That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (4 -1) with Supervisors Bunch, Clark, Hall and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Chairman Wright called for a public hearing on the following: Real Property Tax Increase Chairman Wright called for persons to speak in favor of or in opposition to the real property tax increase from $.52 to $.65. Ed Easter, 12224 Hideaway Lane, stated the closure of International Paper and the down turn in the economy are responsible for the proposed tax increase. He commented that taxes will remain significantly lower in the County than in other localities in the region and he noted the need of the County to continue growing. Joe Joyner of 31334 Walters Highway stated that the existing low tax rate is a result of artificially high assessments and citizens are being taxed out of their homes. Albert Burckhart of the Titus Point Lane requested the Board to approve the request of the APVA to the County of $5,000 for the upkeep of the Courthouse in Smithfield. He further requested that the Board deny the request for funding for the School House Museum which is not a county- wide asset and the request for $25,000 to hire a docent. Herb DeGroft of 1541 Mill Swamp Road recommended the development of a plan of action to consolidate services between the School division and the County, to include centralized purchasing. Thomas Finderson of Sugar Hill Road stated that a $.13 cent tax increase equates to a 25% tax increase. He advised the Board that 1,200 families requested food from local food banks due to the economic downturn. He recommended closing the old Windsor Middle School, which will save $.02 cents on the dollar. Tom Gaskell of 6486 Dodge Lane spoke in opposition to the proposed tax increase. He spoke in opposition to the amount of land purchased by the County over the last several years, which includes the Stroup property, the Blackwater River property and the land next to the Windsor Volunteer Fire Department in Windsor. He stated the purchase of those properties represents an $.08 cent tax increase and had the Board not made those purchases, the Board would not be in the position now of having to raise taxes. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark stated that the sole reason that taxes need to be raised is due to the closure of International Paper. He stated that the County has neglected its facilities for a number of years now and it was under pressure from the State of Virginia to build a better animal control facility or face daily fines for its deplorable condition. He stated a functionally appropriate Courthouse facility was built which preserves security for all as the old Courthouse was deficient in many ways. He advised that the County is no longer paying rent for some of its offices that were located off - campus. He stated that three (3) courts are being held simultaneously, which could not be held before, which was tremendously inefficient and inconvenient for the public, law enforcement and staff. He stated that Circuit Court Judges can invoke a statute in the Code of Virginia whereby they can force the building of a courthouse and the Board promised the Judges that if they would work 5 with the County, a new courthouse would be built. He stated that the purchase of all properties was done prior to the closure of International Paper and the declining economy. He commented that the Board had taken the initiative to investigate consolidation of services with the School Division at every opportunity, but it was not received favorably by the School Board until later. He stated that the Board is now enjoying a relationship with the School Division that promotes savings through the consolidation of services. He stated that the County has the flexibility to reduce the tax rate and staff is examining the budget with the hope that a reduction in the County's tax rate can be identified. The Board was advised by Interim County Attorney Burton that no action is required on the above public hearing per State statute. 11 Chairman Wright called for a public hearing on the following: Ordinance to Set and Impose Tax Levies for Fiscal Year July 1, 2011 to June 30, 2012 Chairman Wright called for persons to speak in favor of or in opposition to the proposed Ordinance. Herb DeGroft of 1541 Mill Swamp Road recommended that the Board of Supervisors and School Board meet jointly to discuss consolidation of services between the two (2) bodies. Marie Bailey of Carrollton notified the Board that only 400 senior citizens out of 8,000 in the County which are eligible to receive tax relief are taking advantage of it. She recommended that Supervisor Clark conduct a meeting in his district to make seniors aware of what is available to them. She spoke in opposition to the proposed tax increase. Thomas Finderson of the Newport District spoke in favor of the Board reducing the proposed tax rate. He noted an increase in food and gas prices and hard economic times and he requested the Board to keep the poor and aged in its prayers and minds. Joe Joyner of 31334 Walters Highway stated that the average income for County residents is $44,000 and many of the seniors are moving into the County for its reduced tax rate as compared to the cities. Chairman Wright closed the public hearing and called for comments from the Board. Chairman Wright moved that the following Ordinance be adopted: AN ORDINANCE TO IMPOSE TAX RATES FOR 6 ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 ADOPTED THIS 26th DAY OF MAY, 2011 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: (1) That there is hereby levied for the fiscal year beginning July 1, 2011, a tax of $0.65 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section 58.1 -2606 of the Code of Virginia (1950, as amended); and (2) That there is hereby levied for the fiscal year beginning July 1, 2011, a tax of $0.95 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1 -3507 of the Code of Virginia (1950, as amended); and (3) That there is hereby levied for the fiscal year beginning July 1, 2011, a tax of $1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 58.1 -3606 of the Code of Virginia (1950, as amended); and (4) That there is hereby levied for the fiscal year beginning July 1, 2011, a tax of $4.50 per one hundred dollars of assessed valuation on all tangible personal property, as defined and classified in Sections 58.1 -3500 through 3504 and Section 58.1 -3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1 -3504 are exempt from said levy; and (5) That there is hereby levied for the fiscal year beginning July 1, 2011, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used for recreational purposes only; (6) That there is hereby levied for the fiscal year beginning July 1, 2011, a tax of one -half (1/2) of one percent (1 %) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1 -400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1 -2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1 -3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED: That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. 7 The motion was adopted by a vote of (4 -1) with Supervisors Bunch, Clark, Hall and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. I/ Chairman Wright called for a public hearing on the following: Ordinance Implementing Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar Year 2011 Chairman Wright called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Clark moved that the following Ordinance be adopted: AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA, FOR CALENDAR YEAR 2011 BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2011 shall be set at fifty -five percent (55 %) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100 %). The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for a public hearing on the following: Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 16.1. Water. Section 16.1 -9. Amounts - Generally Interim County Attorney Burton advised that the proposed Ordinance amends the Code section by increasing the amount charged per 1,000 gallons 8 of water up to 6,000 gallons to $60 and $5.75 per 1,000 gallons over 6,000 gallons. Chairman Wright called for persons to speak in favor of or in opposition to the proposed Ordinance. Marie Bailey of Carrollton requested the Board to consider the elderly in the County which are having a difficult time paying their bills. Chairman Wright closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 16.1. WATER. SECTION 16.1 -9. AMOUNTS -- GENERALLY. WHEREAS, the Isle of Wight County Board of Supervisors has determined that it is necessary and appropriate to modify the water rates for Isle of Wight County Code. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that effective July 15, 2011 Chapter 16.1. Section 16.1 -9. Amounts -- Generally. is hereby amended and reenacted as follows: Sec. 16.1 -9. - Amounts— Generally. Meter rates shall be determined on the following basis: (a) Except as otherwise provided in this chapter, meter rates shall be based on the volume of water used as measured by meters installed and maintained by the county; (b) Meter rates for water passing through meters are hereby imposed upon and shall be collected on a regularly scheduled basis from the owner or tenant of each improved property connected to the county water systems. Such charges shall be as follows: Meter rates shall be in accordance with Table 16.1 -9 below. The county reserves the right from time to time to amend the rates in order to insure that the utility system remains self - sustaining. Table 16.1.9 BI- MONTHLY RATES CHARGES Meter Size: Up to and including 3/4" $60.00 1 " $84.00 1w" $95.00 2" $129.00 4" $129.00 Unmetered Water Service $70.00 Per 1,000 Gallon Metered Usage: 0 -6,000 gallons (included in flat fee) Over 6,000 gallons $5.75 Master Meter: Same rates as illustrated above PLUS A fee per equivalent dwelling unit (EDU) $30.00 The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Supervisor Casteen moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. /1 Michael W. Terry, Director of Budget and Finance, briefed the Board with respect to the concepts and principles guided by the Governmental Accounting Standards Board Statement Number 54 (GASB No. 54) Fund Balance Reporting and Governmental Fund Type Definition. He advised that implementation of GASB No. 54 is required for the fiscal year ending June 30, 2011and staff will be seeking direction from the Board at its June 16, 2011 meeting regarding the placement of County funds. He advised that accounting reporting will require additional mid -year and annual reporting. He advised that the fund balances will have to be segregated into new categories based on criteria on how the funds balances can be spent. He stated that he will be making the Board aware of the definitions of fund type and he will be requesting the assistance of the Board with respect to revenue type and classification. He requested the Board to set a date for a work session on GASB No. 54. The Board concurred with conducting a work session on Tuesday, June 7, 2011 at 3:00 p.m. in the Robert C. Claud, Sr. Board Room. 10 At 8:20 p.m., Supervisor Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Clark, Casteen, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. kl 11 1, Carey ills Sto , Clerk 11