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06-28-2001 Continued Meeting F~: 2~ :;;::,318 CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-EIGHTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND ONE PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice-Chairman Stan D. Clark Richard K. MacManus Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby,called the continued meeting to order at 6:00 p,m for the purpose of conducting a budget work session and other matters. // Chairman Bradby cabled for the Appointment of the School Board member for the Smithfield Election District. He stated the Board has an opportunity to maintain a minority representation on the School Board. Supervisor MacManus stated he had a true concern that there may not be a minority representation on the School Board if the Board goes with elected School Boards. He stated he has .reviewed the resumes of the applicants nominated and based upon the work performed by Barbara Olin, he would like to appoint Ms. Olin as the School .Board representative representing the Smithfield District. Supervisor MacManus moved the Board appoint Barbara Olin as the School Board member representing the Smithfield Election District. The motion was adopted (4-1) with Supervisors MacManus, .Bradshaw, Clark and Claud voting in favor of the motion and Chairman Bradby voting against the motion. // Anne F. Seward, Director of Budget and Finance, briefed the Board on the proposed FY2002-2006 Capital Improvements Program. The Board members made the following suggestions and requests: . Under Fire and Rescue, $25,000 installment payment for land acquisition for Carrsville should be incorporated in the FY01-02 ... and the FY02-03 in the Capital Budget and Capital Improvements Program. Under Public Works, $50,000 for existing roof for Social Services Building, Supervisor Claud suggested amending the FY02-03 amount to $118,000 of which $68,000 is for roof replacement and $50,000 for generalized capital maintenance. FY03-04 would contain $85,000. Under YMCA, Supervisor .Claud moved the Board allocate $25,000 a year for ten. (10) years. The motion was adopted (3-2) with Supervisors MacManus, Claud and Clark voting in favor of the motion and Supervisors Bradshaw and Bradby voting against the motion. Supervisor Clark moved the Board approve the Capital Improvements Budget, with the suggested changes. The motion was adopted with Supervisors MacManus, Clark and Claud voting in favor of the motion (3-2) and Supervisors Bradshaw and Bradby voting against .the motion. Supervisor Bradshaw stated one of the primary responsibilities of the Board is fiscal responsibility and fiscal management. He stated no one, at this point, can advise him where the revenues will come from in the upcoming years and the only way the County can generate the funds for this . Budget is a tax increase. He stated he is not in favor of a tax increase this year or this Plan because it is .not realistic and the Board is not taking the best interests of the citizens to heart. He stated the Board is being. .irresponsible. // Chairman Bradby called for FY2001-2002 General Operating Budget. Supervisor Bradshaw moved the Board amend the order of the agenda in order to discuss Item E, Utility Connection Fees, to -this part of the. agenda as they will .impact on the Operating Budget. The motion was adopted unanimously (S-0). E. Wayne Rountree, P.E., Director of Public Utilities, stated staff is assuming the Board desires the Public Utilities operation to operate as an enterprise fund and the proposed rates would put the Operating Budget being funded by the user fees and the capital debt being funded by the connection fees. Supervisor MacManus moved. the Board authorize staff to develop an amendment to the Water and Sewer Ordinance to increase the connection fees from $3,000 to $4,000 for public hearing at the Board's second meeting in July, 2001. The motion was adopted with Supervisors MacManus 2 e~~.(~ ~~ Cr~~`~~O Bradshaw, Bradby, Clark and Claud voting in favor (5-0) and no .one voting in opposition to .the motion, Supervisor Claud moved. the Board direct the Director of Public Utilities to develop a rate schedule over a two (2) year period to add a fee for treatment to those sewer customers who currently do not pay for treatment. The motion was adopted .with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor (5-0) and no one voting in opposition to the motion. Supervisor Bradshaw moved the Board direct the Budget and Finance Director and the Director of Public Utilities to .develop a tiered schedule for items 3, 5 and 6 in the staff report, as a third priority. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor (5-0) and no one voting in opposition to the motion.. Supervisor MacManus requested staff provide the Board with background resource associated with Item 4 to give the history so that he could have a better understanding. The motion was adopted with Supervisors .MacManus, Bradshaw, Bradby, Clark and Claud voting in favor (5-0) and no one voting in opposition to the motion. // Chairman Bradby called for discussion on the FY2001-2002 General Operating Budget. Ms. Seward stated given the new SPSA tipping fee rate of $57, she would recommend an adjustment to .the SPSA contracted services/refuse collection line item of a reduction of $175,000. She noted an additional modification of $10,262 to the proposed expenditures is a result of receiving the State's recommended budget for Comprehensive Services. Supervisor Clark requested $2,500 be added to the Carrollton Volunteer Fire Department budget for EMS supplies. Ms. Seward .advised that the Department of Social Services has advised that. it will be returning $185,000 although they are requesting that some of those funds be used for modifications to their facility. Chairman Bradby stated he is not in favor of increasing the tax rate knowing certain revenue is coming into the County. He stated if the Board is conservative in its spending during the fiscal year he did not foresee any fiscal problem. Supervisor Claud.. moved the Board approve the FY01-02 Operating Budget in the amount of $57,867,235. The motion was adopted with Supervisors MacManus, Clark and Claud. voting in favor of the motion (3-2) and Supervisors Bradshaw and. Bradby voting in opposition to the motion. J 1 3 // Chairman Bradby called for discussion on the Ordinance to Impose a Tax Levy for July 1, 2001 through June 30, 2002. 1 County Attorney Crook noted Item #7 of the Ordinance, under Section. 58.1-3731 of the Code of Virginia, beginning this year (January, 2001) the County must delete the heat, light and power companies from that license tax because of the new tax that went into effect January 1, 2001 for the utility consumption tax. He further noted paragraph seven (7) should read. that there is hereby levied for the fiscal year beginning 2001 a tax of one- half (1 /2) of one (1) percent on telephone and telegraph companies and water companies or one-half (1 /2) of one (1) percent of gross receipts occurred from sales to consumers. He noted he would have the Ordinance revised accordingly. Supervisor Claud moved the Board adopt the following Ordinance,. as amended: AN ORDINANCE TO IMPOSE TAX LEVIES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2001 THROUGH JUNE 30, 2002 ADOPTED THE 28th DAY OF JUNE, 2001 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, 2001, a tax of $0,77 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, as amended; (2) That there is hereby levied for the fiscal year beginning July 1, 2001, 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, as amended; (3) That there is hereby levied for the fiscal year. beginning July 1, 2001, a tax of $0.50 per one hundred dollars of assessed valuation on farm machinery and implements as defined in Section 58.1-3505 of the Code of Virginia, as amended; (4) That there is hereby levied for the fiscal year beginning July 1, 2001, a tax of $1.00 per one hundred dollars of assessed valuation on boats, watercraft and aircraft as defined in Section 58.1-3506 of the Code of Virginia, as amended; (5) That there is hereby levied for the fiscal year beginning July 1, 2001, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including 4 ~, 9~~f~ 2~J 'n~:r~F.rFr 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, 2001, a tax of $4.40 per one hundred dollars as defined and classifed in Section 58.1- 3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504. and 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3506 of the Code of Virginia; except that all household goods and personal effects as defined and classified in Section 58..1-3504 are exempt from said levy; (7) That there is hereby levied for the fiscal year beginning July 1, 2001, a tax of one-half of one percent of the gross receipts on telephone and telegraph. companies, and water companies, 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, as amended, however, in the case of telephone companies, charges for long distance telephone calls shall be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED AS FOLLOWS: (a) That all proceeds received from the fiscal year beginning July 1, 2001, 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 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 ofsaid County and all necessary charges incident to or arising from the execution of the lawful authorization of the Board of Supervisors of this County; (b) That lump sum appropriations are hereby made on an annual basis for the fiscal year beginning July 1, 2001, separate items, categories, functions and purposes as shown and indicated in the budget adopted. by the Board of Supervisors on the 28`h day of June, 2001. (c) That the County Administrator is hereby authorized to make all expenditures in payment of all line items in said budget at any time during the fiscal year in any amounts so long as said amounts are not greater than the amounts available in the fund for such item or category and said County Administrator is hereby authorized to make line item transfers within categories and from category to category so long as said transfers of line ..items are within .said budget and do not exceed the funds available for such purpose. (d) 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 said encumbrances are removed by action of the Board of Supervisors. 5 '1 (e) .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. (f) 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. (g) Than this Ordinance be entered in the Minutes of this Board of Supervisors and that copy thereof certified by the Clerk of this Board, be furnished the Treasurer of this County. The motion was adopted with Supervisors .MacManus, Clark and Claud voting in favor of the motion (3-2) and Supervisors Bradshaw and Bradby voting in opposition to the motion. Supervisor Claud moved the Board approve the E-911 budget in the amount of $S l 0,000. The motion was adopted with Supervisors MacManus, Clark and Claud voting in favor of the motion. (3-2) and Supervisors Bradshaw and Bradby voting in opposition to the. motion. Ms. Seward presented a request from the Fifth District Court Services in the amount of $973 to replace State funds with available funding in the adopted O 1-02 budget. Supervisor MacManus moved the Board approve $973 request from the Fifth District Court Services to replace State funds. The motion was adopted with Supervisors MacManus, .Bradshaw, Bradby, Clark and Claud voting in favor of the motion (S-0) and no Supervisors. voting in opposition to the motion. // Chairman Bradby called for New Business. Supervisor Clark referred to a letter received from the Director of Planning and Zoning concerning Planning Commission members who have attended the Certified Planning Commission Program. He suggested that the Board .encourage Planning Commissioners who have .not had the opportunity to attend the program to attend.. Supervisor Clark brought. to the Board's attention incidences where.. individuals were signed up for duty at the Isle of Wight Rescue Squad, but 6 BBJr. 2J ,; .:r~~4 did not show up for duty. He stated residents, when they are in time of need like that, need assurance that someone will respond to their call, even if the County has to go to paid staff: Richard O. Childress, Director of Emergency Management, stated he spoke with an officer of the Squad and requested him to advise him when he was aware of a need for additional personnel. He stated this still did not occur, but with the Board's. concurrence, he can reiterate his request. Supervisor. Clark requested Mr. Childress to report to the Board on this matter at each meeting until he is satisfied that the problem is resolved. Supervisor Bradshaw. moved the Board direct Supervisor Clark and. Supervisor MacManus to meet with the Director of Emergency Management and the Isle of Wight Rescue Squad to look into the issues presented. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting in opposition to the motion. Supervisor MacManus moved the Board direct staff- to develop a resolution for presentation to James Brown, Jr. recognizing his service to the School Board, A plaque recognizing Mr. Brown's service should be purchased. and same presented to him at the evening meeting in July, 2001. 7`h~; ~~~~tiu» ~~~as adopted titi~~th ~upervisc~rs MacManus, Bradshaw, t3radby, Clark and Claud .voting in favor of the motion (5-0) and no Supervisors voting in opposition to the motion. Supervisor Bradshaw moved the Board approve the request of Social Services to install carpeting and make repairs, as requested.. Funding should be taken from .the $185,000 being returned from the Department of Social Services. The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting in opposition to the motion. 1/ Supervisor Bradshaw moved the Board allow a citizen to speak. The motion was adopted unanimously (5-0). Rusty Hill of Gatling Pointe addressed the Board concerning an assessment issue on new construction. Supervisor Bradshaw moved the Board direct the County Attorney to look into Mr. Hill's complaints. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 7 ~~ur. 2~ ;,.3~J County, Attorney Crook presented a contract of the County .with Norfolk Southern for permission to construct a pipeline under the track for. consideration by the Board. He requested the Board approve the contract and authorize the Chairman to sign it. ., Supervisor Bradshaw moved the .Board approve the contract with Norfolk & Southern. The motion was adopted with. Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Supervisor Bradshaw requested a closed session under Section 2.1- 344 A I of the Freedom of Information Act concerning two (2) personnel matters involving evaluation of performance. Patrick J. Small, Director of Economic Development, requested a closed session under Section 2.1-344 AS of the Freedom of Information Act for negotiations of a prospective business where no previous announcement has been made of the business' interest in locating in the County. J Supervisor Bradshaw moved the Board enter closed session for the reasons stated. The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw,. Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Upon returning to open session, Supervisor MacManus moved the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, VVf~REAS, 2.1-344.1 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; D 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. 8 each 20„~~~26 voTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the motion (5-0) and no .Supervisor voting against the motion. // Supervisor Claud moved the Board adjourn. The motion was adopted unanimously (5-0). ~~~-'~~ Henry H. Bradby, Chairman 1