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04-01-2004 Regular Meeting,~ eooK 22 ~h~f313 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF APRIL IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Thomas J. Wright, III Richard K. MacManus Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Clark called the meeting to order at 4:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda. County Attorney Stroman requested that Special Presentation become Item 2 to allow a presentation by Sheriff Phelps; that an item be added under the County Attorney's report concerning the amendment of the Carrsville and Smithfield Heights fluoride Consent Orders; that under New Business, a request for a .tree planting in the Memorial Park and consideration of a Juvenile Accountability Incentive Block Grant; one (1) additional Closed Meeting matter concerning legal advice of counsel in ..connection with the acquisition of property be added; and,. that a budget work session become Item 14 on the agenda. Supervisor Wright moved that the Board. approve the agenda, as amended. The .motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. . // Chairman Clark called for Special Presentations. l eo"o~ 22 ra~'314 Sheriff Phelps advised the Board that his counterpart in Isle. of Wight, England would be sworn in before. the Queen of England as High Sheriff of the Isle of Wight, England.. // Chairman Clark indicated the Consent Agenda included the following items: A. Resolution. in Support of Alignment "A" of the U.S. Route 460 Location Study B. Day's Point Water System C. Fluoridation Grant Funding D. Application for Grant Funds -- Title V Juvenile :Delinquency Prevention Grant E. Victim and Witness Assistance Program Grant -- FY05 and FY 06 F. Quarterly Update of Action Steps G. .March 4, 2004 Regular Meeting Minutes Chairman Clark asked if there were any items for removal. Supervisor MacManus .requested that Item (F) Quarterly Update of Action Steps be pulled for further discussion. Supervisor Bradshaw moved the Board xemove Item (F) and adopt the remaining Consent Agenda items. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion and, no Supervisors voting against the.motion. Supervisor MacManus inquired about the status of the .formulation of the County's Safety Committee. Mr. Robertson advised that staff is going to be developing a Safety Policy. Supervisor MacManus inquired about the status of the revised draft Zoning Ordinance. Mr. Hartley advised that the revised Zoning Ordinance is now at the printer and that he intends to disseminate a copy to the Board next week. He i, 11 ~~ i 2 .. ,~ BUON frhr ~M :'~~~~ further advised that the Planning Commission will be holding a public hearing on May 13, 2004 and that the Board .would be holding its public hearing on the matter in June, 2004. Supervisor MacManus inquired about the status of the PEG Channel Policy and the Inclement Weather Closing Policy. Mr. Hornbaker advised that he has not completed the PEG Channel Policy, and upon completion, he would be forwarding it to the County Attorney for his review. County Attorney Stroman advised that he has reviewed the draft Inclement Weather Closing Policy and he has prepared a memorandum back to the Director of Human Resources, along with the draft of the County's Shelter Policy. He noted he anticipates these policies will be brought to the Board for its consideration at its f rst meeting in May 2004. Supervisor MacManus requested the status of the .evaluation and recommendation regarding in-house County Engineering Department. County Administrator Caskey advised that staff would provide its recommendation to the Board. Supervisor MacManus moved the .Board accept Item (F) with the revisions to two (2) of the items that are not accurately reflected with respect to the PEG Channel Policy and the Zoning Ordinance/Prepare Revised Draft. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion and, no Supervisors voting against the motion. // Chairman Clark called for Regional Reports. Chairman Clark reported that at the last Hampton Roads Economic Development Alliance meeting discussion was directed around the .budget that has not yet been adopted in Richmond. He stated strategies to attract a baseball team to the Hampton Roads area were also discussed. Chairman Clark reported that discussion at the last Mayors and Chairs Caucus meeting involved the budget that has not been adopted in Richmond. Chairman Clark reported that discussion at the last Southside Mayors and Chairs meeting involved the budget that has not .been; adopted in Richmond. Chairman Clark reported that budget and economic forecasts were discussed at the last Hampton Roads Planning District Commission meeting. i 3 GOON ~~ i'A~r•~11~ Supervisor Bradshaw reported that there will be a meeting of the Virginia Association of CountiesBoard of Directors the first weekend in May, 2004 in Roanoke .with the committees meeting the following weekend in Richmond. He stated with respect to town meetings and activities across the State, it has been noted in the Virginian Pilot. that the Hampton Roads area has been left out. He stated the City of Norfolk has scheduled a town meeting, and Delegates from Virginia Beach have advised that they were not notified and had other conflicts. He stated the Hampton Roads area is one (l) of the few areas in the State that has not had any town meetings scheduled with their members of the General Assembly. He noted that VACo's website contains the budget proposal for next year as presented by the House of Delegates in which a lot of services will have to be picked up by localities. 3 // Chairman Clark called for Transportation Matters. acid Zonin resented a Jonathan W. Hartley, Director of Planning g, p Resolution of the Board of Supervisors of Isle of Wight County, Virginia Requesting Additional Information and Actions of the Virginia Department of Transportation for the Board's consideration. Supervisor MacManus moved the Board adopt the following Resolution; that staff, during a meeting with the VDOT Resident Engineer, present ,this. Resolution with a cover letter noting that the Board took this official action .because of the lack of response from him: f RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA REQUESTING .ADDITIONAL INFORMATION AND ACTIONS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Board of Supervisors of Isle of Wight County must '; rely on the. Virginia Department of Transportation to maintain and improve the roads and streets within County; and z WHEREAS, the -maintenance and improvement of the public road network and associated drainage system is critical to the safety and welfare of the County; .and, WHEREAS,.. the Board of Supervisors is repeatedly requested by citizens of the County for information on the progress of maintenance and improvement projects undertaken by VDOT; and, f WHEREAS, the Board of Supervisors has repeatedly requested additional information .and suggested basic .comprehensive programs of action to address many of the citizen's concerns, 4 a ~i 11 1 eoox 22 r~s~317 NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Isle of Wight County, Virginia formally requests that the Virginia Department of Transportation promptly address the following items: VDOT needs to identify those roadways and ditches within the County which are prone to flooding, develop a tracking system, and a corresponding strategic plan to undertake corrective improvements - and perform routine maintenance on such roadway ditches annually to reduce and eliminate flooding of roadways. That VDOT has repeatedly been .requested to provide financial reporting to the County comparing the projected costs versus the actual costs of all maintenance projects and all construction projects included in the Six (6) Year Plan. The Board requests that a Corrective Action Plan for the James River Bridge be prepared and shared with the Board that insures that the Bridge is more accessible during inclement weather and imminent security threats.. The County requests that VDOT provide a monthly report to .the Board on the status of road issues in the County. BE IT FURTHER RESOLVED, that the Board of Supervisors of Isle of Wight County, Virginia hereby directs staff to send a copy of this Resolution to the Resident Engineer and the District Administrator to insure that these issues are addressed in a prompt and efficient manner. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman noted that he .intended to raise the issue of the Freedom of Information Act on requests that were previously made by the Board, but received no response to date from Mr. Neblett. Supervisor Bradshaw noted that the .Chairman or the Vice-Chairman should attend the meeting with staff. He requested that County Administrator Casket', County Attorney Stroman and Mr. Hartley be prepared to attend the meeting. Mr. Hartley noted included in the agenda is a listing of the road maintenance improvements VDOT intends to undertake for 2004 for the Board's information. Mr. Hartley advised the Board that staff had received a notice that the Commonwealth Transportation Board will be holding their final public hearing on the Six-Year Plan for Primary Roads Interstates at the Suffolk 5 aooK ~ 22 ~M~~318 District office headquarters by video conference on Tuesday, April 6, 2004. ' Mr. Hartley noted that he would be in attendance. Supervisor Bradshaw requested Mr. Hartley. to call him on Monday, April 5, 2004 to determine if he will be able to attend with Mr. Hartley. Supervisor Bradshaw requested the status of the meeting on Whispering Pines Trial. Mr. Hartley advised Supervisor Bradshaw that he has not heard back from his email to Rick Riddick, and that he would follow-up with a telephone call. Supervisor Bradshaw requested the status of the safety concerns with the Zuni Tunnel. Mr. Hartley replied that he has not heard anything back from VDOT, and that he could continue to pursue this concern. Supervisor Bradshaw requested that Mr. Hartley schedule a meeting with Mr. Neblett and Mr. Riddick and advise him accordingly of the date. Supervisor Bradshaw requested Mr. Hartley to prepare and. report back to the Board on the check list status of transportation projects. !/ Chairman Clark called for Citizen's Comments. Betty- Pulley of Peanut Drive requested that the Board support the request for a tree planting in the Memorial Park in honor of Dick Austin, former Curator of St. Lukes Church for the past twenty-four (24) years. She further requested that the Board take action to replace the members on the Events Committee listed on the Appointments .Page of the agenda. // Chairman Clark called for the County Attorney's report. County Attorney Stroman presented a Resolution to Authorize Tangible Personal Property Tax Refund to IBM Corporation for the Board's consideration. Supervisor Wright moved that the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE TANGIBLE PERSONAL. PROPERTY :TAX REFUND TO IBM CORPORATION 6 n t t~ DOOM ~i.~ ~hvr3~V WHEREAS, IBM Corporation was assessed twenty-four thousand eight hundred fifty-seven dollars and .one cent ($24,857.01) for tangible personal property; and, WHEREAS, that .assessment was due to an erroneous. listing of computer equipment; and, WHEREAS, the computer equipment was located at Smithfield Foods. and. was exempt: from taxation due to Smithfield Foods' status as a manufacturer;. and, . WHEREAS, a refund of the taxes paid is appropriate. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight,. Virginia that a tax refund to IBM Corporation in the amount of twenty-four thousand eight hundred fifty-seven dollars and one cent ($24,85.7.01) is hereby approved. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the- motion, and no Supervisors voting against the motion. County Attorney Stroman presented a contract between the Board of Supervisors of Isle of Wight County and Van De Riet & Associates, Inc. d/b/a Buck, Seifert & Jost for consulting services in connection with water and sewer connection fees. Supervisor Bradshaw moved that the Board authorize the Chairman to execute the contract on behalf of the County with Van De Riet & Associates, Inc. d/b/a Buck, Seifert & Jost. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against .the motion. County Attorney Stroman presented an amendment of the Carrsville and Smithfield Heights fluoride Consent Orders for the Board's consideration. Supervisor .Bradshaw moved the Board authorize the Chairman to execute the Consent Orders on behalf of the County. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. F County Attorney Stroman advised that he would have one (1) item for Closed Meeting regarding legal advice and briefings by staff in connection with probable litigation under Section 2.2-3711.A.7 of the Freedom of Information Act. 7 eooK 22 t~~~320 ~~ `Chairman Clark called for the Community Development Report. Mr. Hartley presented a Year One Report for the Stormwater Management Program, Phase II for. the Board's information. Mr. Hartley requested that the Board authorize staff to advertise a public hearing on the revised Erosion and Sediment Control Ordinance for the Board's April 15, 2004 meeting. Supervisor Bradshaw moved that the Board authorize. staff to advertise a public hearing on the Revised Erosion and Sediment Control Ordinance for April 15, 2004 at 7:00 p.m. The motion was adopted. by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark inquired if staff is still pursuing certified Soil and Erosion staff members: Mr. Hartley responded there are two (2) program administrators, one (1) plan reviewer, two (2) inspectors in the Planning and Zoning Department and three. (3) inspectors in the Inspections Department. He noted that once the Ordinance is adopted, the next step is to develop an inspection and enforcement program. Chairman Clark requested that staff take a look at the work being undertaken at the car dealership on Routes 10/32 to ensure that there is no intrusion into the wetlands area. Chairman Clark inquired about the status of the Chesapeake Bay Local Assistance Department's Compliance Review Program. Mr. Hartley noted that CBLAD staff previously reviewed staff's files and a report was shared with the Board. County Administrator. Caskey noted that the Board would be provided a copy of CBLAD's report again for their review. // Chairman Clark called for the County Administrator's report. County Administrator Caskey presented a Resolution to Recognize National County Government Week which he recommended the Board adopt. Chairman Clark .moved the Board adopt the following Resolution: 8 eooK 22 ~a~~ 321 RESOLUTION TO RECOGNIZE NATIONAL COUNTY GOVERNMENT WEEK. WHEREAS, county-owned transportation systems are a key part of the economic engine that drives this country. County highways and roadways, bridges, airports, and transit systems help move both people-and .products; and WHEREAS, counties also provide public safety, and offer medical and .human services. Counties provide opportunities for new businesses to prosper, provide job training and technological solutions. Counties provide needed elderly services for grandmothers and grandfathers and healthcare to the disabled and needy. When natural or man-made disaster strikes, county. emergency services keep children and their families safe. and informed until order can be restored; and, WHEREAS, counties provide many services that make America's communities stronger, safer places to live and raise families; and, WHEREAS, county officials and employees use their role as local. leaders to encourage economic development and therefore improve the lives of their citizens and make their communities more livable; and, WHEREAS, counties have a long history of providing critical services. County governments are the citizen's local government voice, providing solutions that bring communities together. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week. of April 18-24, 2004 be recognized as National County Government Week in recognition of the leadership, innovation and valuable service provided by our nation's counties. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Proclaim the Week of April 11 Through April 17, 2004 _as Isle of Wight County Public Safety Telecommunicators Week which he recommended the Board adopt. Chairman Clark moved the Board adopt the following Resolution: RESOLUTION TO PROCLAIM THE WEEK OF APRIL 11 THROUGH APRIL 17, 2004 AS ISLE OF WIGHT COUNTY PUBLIC SAFETY TELECOMMUNICATORS WEEK 9 t, eoo~ 22 r~~~322 WHEREAS, dedicated Public Safety Telecommunicators ~ serve the citizens of Isle of Wight County by answering their calls for law enforcement, fire and emergency medical services and by dispatching the appropriate assistance as quickly as possible; and, WHEREAS, professional telecommunicators work to improve the , emergency response capabilities of the communications system through their r dedication, hard work, and participation -in ongoing training and other programs; and, WHEREAS, Public. Safety Telecommunicators provide an essential service to all citizens and often work long, hard hours without recognition by our community; and, WHEREAS, these professionals need and deserve the informed support of our community to continually maintain and improve the quality of Public Safety dispatching services. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the j Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 11-17, 2004, be designated as Isle. of Wight County Public Safety r Telecommunicators Week. BE_IT FURTHER RESOLVED that all citizens are urged to take note of this special week and give due honor to our County's Public Safety Telecommunicators.. The. motion was adopted. by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' presented a Resolution to Designate: April 11 -April 17, 2004 as Juvenile Conference Committee Volunteer " Week which he recommended the Board adopt. Chairman Clark moved the Board adopt the following Resolution: RESOLUTION TO DESIGNATE APRIL 11 -APRIL 17, 2004 AS JUVENILE CONFERENCE COMMITTEE VOLUNTEER WEEK WHEREAS, the .Juvenile Conference Committee is a voluntary diversion. program of the Tidewater Regional Group Home Commission that serves as an alternative to the formal juvenile justice. system for first-time juvenile offenders with misdemeanor charges; and, j ~' io I ~1 BOON ~(~ ,~.•:rJ~~ WHEREAS, the Juvenile Conference Committee fosters a sense of responsibility and accountability for a juvenile's inappropriate conduct and behavior in an effort to deter the juvenile from further involvement in the juvenile justice system; and, WHEREAS, the Juvenile Conference Committee consists. of citizen volunteers living or working in Isle of Wight County who. demonstrate concern and a commitment to a diversion effort in redirecting troubled youth from further involvement with the juvenile justice system; and, .WHEREAS, the Juvenile Conference Committee volunteers facilitate resolutions to the problems of at-risk youth and their families and seek to connect them to needed community services and resources; and, WHEREAS, the Board of Supervisors wishes to recognize the contributions of the volunteers serving on the Juvenile Conference Committee. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia. that the week of April 11 -April 17, 2004 be designated., as Juvenile Conference Committee Week. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright ,voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Recognize Virginia Architecture Week which he recommended the Board adopt. Chairman Clark moved the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE VIRGINIA ARCHITECTURE WEEK WHEREAS, the American Institute of Architects, Hampton Roads Chapter has been a sound, .well-run professional association serving in the Hampton Roads area for almost thirty years; and, WHEREAS, the American Institute of Architects, Hampton Roads Chapter has increased the quality of life in Hampton Roads through the promotion of quality architecture and the built environment of Hampton Roads; and, WHEREAS, the American Institute of Architects, Hampton Roads Chapter provides resources to our local community for professional development and education; and acts as a vital link to the other components 11 BOON 22 ra~;,,~~ of the American Institute of Architects and to other local affiliated professionals and services; and, WHEREAS, the .American Institute of Architects has been advancing the value of architects and architecture locally and nationally for more than 135 years. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 2-9, 2004 be recognized as Virginia Architecture Week. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Anne F. Seward, Director. of Budget and Finance, presented a Resolution to Accept and Appropriate $133,598 From the Commonwealth of Virginia for School Programs for the Board's consideration. Supervisor MacManus moved that the. Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ONE HUNDRED THIRTY THREE THOUSAND FIVE HUNDRED NINETY EIGHT DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR SCHOOL PROGRAMS WHEREAS, the School Board of the County of Isle of Wight received state funding. for SOL Remediation program and the Algebra Readiness ' program from .the Commonwealth of Virginia in the FY 2002-03 School Operating Budget; -and, WHEREAS, these funds were not expended and require appropriation from the School Operating Fund to the FY 2003-04 School Operating Budget; and, WHEREAS, funding in the amount of one hundred thirty three thousand five hundred ninety eight dollars ($133,59$) needs to be appropriated to the FY 2003-04 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 one hundred thirty three. thousand. five hundred ninety eight dollars ($133,598) be appropriated to the appropriate. school operating line item in the 2003-04 Operating Budget of the County of Isle of Wight. D 12 r sooa ~2 ~;;~~ 3~J BE IT FURTHER RESOLVED that the County Administrator of the County of rsle 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 MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Ms. Seward presented a Resolution to Appropriate $59,480 From .the Unappropriated Fund Balance of the General Fund to the Isle of Wight County School Division for the Board's consideration. Supervisor Bradby moved that the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE FIFTY NINE THOUSAND FOUR HUNDRED EIGHTY DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE ISLE OF WIGHT COUNTY SCHOOL DIVISION WHEREAS, during the 2002-03 budget year, the Isle of Wight County School Division did not expend all locally budgeted funds; and, WHEREAS, the fifty nine thousand four hundred eighty dollars ($59, 480) of the remaining funds not previously re-appropriated has been approved for appropriation from the unappropriated. fund balance of the General Fund to be used as local matching funds for the SOL Remediation and Algebra Readiness state. programs in the 2003-04 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 fifty nine thousand four hundred eighty dollars ($59, 480) from the Unappropriated Fund Balance of the General Fund be appropriated to the 2003-04 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 MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 13 890 ~2 r;,'.,?~ Ms. Seward presented a Resolution to Accept. and Appropriate $350,000 From the Federal Government for School Programs for the Board's consideration. Supervisor MacManus moved that the Board adopt the following Resolution: RESOLUTION TO ACCEPT AND APPROPRIATE THREE HUNDRED FIFTY THOUSAND DOLLARS FROM THE FEDERAL .GOVERNMENT FOR SCHOOL PROGRAMS WHEREAS, the School Board of the County of Isle of Wight has received higher than anticipated federal grant funds from the United. States Department of Education for grant projects; and, WHEREAS, funds in the amount of three hundred fifty thousand dollars ($350,000) need to be accepted and appropriated to the appropriate grant line item in the 2003-04 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 three hundred fifty thousand dollars- ($350,000) be accepted and .appropriated to the appropriate school grant line item in the 2003-04 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 MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' stated the Hampton Roads Partnership, in support of the City of Norfolk bringing a major league sports team to Hampton Roads, is requesting each of the member localities to consider the adoption of a resolution in support of efforts to bring a major league baseball to Hampton Roads. Supervisor MacManus moved that the Board adopt the following Resolution: RESOLUTION IN SUPPORT OF EFFORTS TO BRING MAJOR LEAGUE BASEBALL TO HAMPTON ROADS f i AOOR 2L.I ~1i :~r0-7 F.I~ WHEREAS, the citizens of the Hampton Roads region are bonded together by years of mutual support, as well as their appreciation of outdoor recreation and sporting activities, and especially their enthusiasm for the national pastime of baseball; and, WHEREAS, the Montreal Expos franchise. is currently for sale, and the Hampton Roads region is the largest population center in the United States without a major professional sports franchise; and, WHEREAS, the Major League Baseball franchise .would bring hundreds of millions of dollars of revenue deriving.. from payroll, construction. and tourism, and incalculable excitement to the entire region; and, WHEREAS, the Virginia Baseball Stadium Authority allows State taxes generated from the stadium site to be rebated to the Stadium Authority to sell bonds for stadium construction; and, WHEREAS, our neighbors and colleagues in the City of Norfolk have rallied behind the effort to bring a Major Zeague Baseball Franchise to the Hampton Roads region; and, WHEREAS, Major League Baseball has recognized the efforts of the Mayor and Council of the City of Norfolk, the Hampton Roads Partnership and the Norfolk Baseball Company by sending a site selection committee to the area in consideration of the bid; and, WHEREAS, the County of Isle- of Wight is a participating partner within the Hampton Roads Partnership and within the region. NOW, THEREFORE, BE IT AND IT IS HEREBY. RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia extends to its colleagues in the City of Norfolk, the Hampton Roads Partnership, the Norfolk Baseball Company, and all others involved in this effort its sincere best wishes and support in their goal of acquiring the Montreal Expos franchise and bringing a major professional sports franchise to the Hampton Roads region. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Debbie J. Sivertson, Administrative Analyst, briefed the Board on previously authorized public information initiatives utilized to convey information relative to County government to the citizens of the County. She recommended proceeding with Option 1 (Citizen's Guides in the amount of $3,$50) and requested the Board's direction relative to options for a County :Information Brochure. 15 eoo~ 22 %~:r3Z8 Supervisor MacManus directed Ms. Sivertson to proceed with Option 1 (Citizen's Guides in the. amount of $3,850) and to proceed with designing an enhanced brochure format similar to that mailed out by the Towns of Smithfield and Windsor for the Board's consideration. // Chairman Clark called for Old Business. Supervisor Bradshaw requested the status of Charter Communications providing Channel 13 to all areas of the County: County Administrator Caskey advised that he had recently discussed the matter with Charter's Director of Operations, and it is his understanding that Charter is in the process of providing a more comprehensive channel that will serve both the City of Franklin and the County. // Chairman Clark called for New Business. Alan S. Nogiec, Director of Parks .and Recreation, presented a request for a tree planting in the Memorial Garden in honor of Dick Austin, former Curator, at St. Lukes Church. Supervisor Bradshaw moved that the Board approve the request. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the .motion, and no Supervisors voting against the motion. Mr. Robertson presented a Resolution to Authorize Submission of a Grant Application and. to Accept and Appropriate Funds from the Virginia Department of Criminal Justice Services for the Board's consideration. Supervisor Bradshaw moved the Board authorize staff to submit the grant and adopt the following Resolution: RESOLUTION TO AUTHORIZE SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, .the Isle of Wight County Board of Supervisors has i authorized an application for funding for the Title V Juvenile Delinquency Prevention Grant Program;. and, WHEREAS, grant funds in the amount of thirty one thousand five hundred seventy seven dollars ($31,577), or so much as shall be received 16 eoow 22.~h::~.~~~ from the Virginia Department of Criminal Justice Services needs to be accepted and appropriated to the FY 2004-OS Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight that grant funds in the amount of thirty one thousand five hundred seventy seven dollars ($31,577), or so much as shall be received from the .Virginia Department of Criminal Justice Services be appropriated to the appropriate line item in the FY 2004- OS Operating Budget of the .County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. The motion was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Dr. McPherson, Superintendent of Isle of Wight County Public Schools, presented a request that the Board change the date for the public hearing on the School budget, as it is scheduled during spring break and many families will be out of the County on vacation and will not have an opportunity to speak during the public hearing. Supervisor Bradshaw inquired how many teachers or parents spoke at the public hearing on the budget held by the School Board. Dr. McPherson replied "none." Chairman Clark noted that persons interested in offering input .could do so by email or mail, and that it is the general consensus of the Board not to change the date of its public hearing on the budget. // Chairman Clark called for Appointments. Supervisor Bradshaw moved. the Board appoint Betty Horton as the Carrsville District representative on the Events Committee. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved that the Board appoint Diana Beale to represent the Carrsville District on the Industrial Development Authority. 'The motion was adapted unanimously (5-0). 17 eoo~ zz .~.~~~o Chairman Clark requested. that Mr. Robertson contact Ms.:Richazdson to .determine if she is interested in serving on the Isle of Wight Substance Abuse Advisory Committee. Supervisor MacManus moved that the Board reappoint Henry H. Bradby to serve on the Senior Services. of Southeastern Virginia. The motion was adopted unanimously {5-0), Supervisor MacManus moved the Board reappoint Ida B. Kerney to represent the ,Smithfield District on the Commission on Aging. The motion was adopted unanimously (5-0). Chairman Clark requested Mr. Robertson contact Ms. Hardy and Ms. Sowell to determine if they are interested in continuing to serve. on the Youth: Services Advisory Board. Supervisor Bradby moved that .the Board reappoint Mrs. Sarah B. Wright to represent the Hardy District on the Transportation Safety Committee. The motion was adopted unanimously (5-0). // County. Attorney Stroman requested that the Board enter a closed meeting concerning consultation with legal counsel regarding the potential resolution of probable litigation with respect. to a Chesapeake Bay Preservation:Area exemption pursuant to Section 2.2-3711.A.7, and a matter concerning advice of legal counsel pertaining to the acquisition of real property in connection with an economic development project pursuant to Section 2.2-3711.A.3 of the Freedom of Information Act. Supervisor Bradshaw moved the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting. in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board return to open session. The motiorr was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw 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, 18 eooK 22 ~~.:r331 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: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Wright moved that the Board convey authority in connection with the acquisitions that will be necessary along Route 460 in connection with the Cost Plus expansion; authorize the County Attorney to undertake condemnation where necessary; authorize the County Administrator to execute real estate contracts in an attempt to purchase the parcels that will be needed. to be acquired; and,. authorize the County Attorney to accept the deeds where those negotiations are successful. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for discussion on the proposed FY04-OS budget. Ms. Seward presented the Board with a summary of adjustments made by the Board at its work session of March 31, 2004 which resulted in a net decrease to the deficit in the amount of $7,577. She provided a summary of annexation settlement calculations and school requests for the Board's reference. Following Supervisor Bradshaw's recommendation that the Director of .Public Utilities' objective for the year into make the public utilities line item break even, Supervisor MacManus suggested that staff be directed to come back with a proposal for a balanced budget with respect to water and sewer revenue.. 19 J eoo~ 22 ~h~, 332 Ms. Seward requested direction from the Board on the Commissioner of Revenue's staffing request. Ms. Seward was directed to take .the .necessary steps to create benchmarks (which are to be agreed upon beforehand, and present these back to the Board for adoption before approval of the budget) for. the Commissioner of Revenue's position and the Treasurer's position and request that the Commissioner of Revenue bring those employees .into. the County's i Pay and Classification Plan. Ms. Seward is to adjust the expenditure and revenue side by $19,420. Supervisor Bradshaw moved that the Board direct staff to advertise the FY04-OS .budget with the proposed .expenditures of $67,959,777 for public hearing at the Board's April 15, 2004 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw further moved .that the Board direct staff,. in conjunction with the County Attorney, ..prepare the appropriate advertisements to advertise the tax rates with all rates remaining the same for the Board's April 15, 2004 meeting. The motion was adopted by a vote of (5- 4) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the :motion, and no Supervisors voting against the motion. // Supervisor Bradby. moved. the Board adjourn its meeting. The motion was adopted unanimously (5-0). ', Stan D. Clark, Chairman 1 20 d