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09-01-2005 Regular Meeting1 ~~ r BQ~K ,,. ~ 7t~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND FIVE PRESENT: ~ Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Richard K. MacManus Stan D. Clark Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. Wayne .Rountree, P.E., Assistant County Administrator/Development Anne F. Seward, Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. // 1 Supervisor Bradby delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Bradshaw called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Add a new Item (2) to .discuss Hurricane Katrina Disaster Relief Efforts; under the Closed Meeting, add six (6) additional matters; and, under Old Business, add an item with respect to discussion of the Route 460 Realignment. 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, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // 1 Bn~K ~~ ~ ~~~4~~ County Administrator Caskey .notified the Board that Brunswick County has. advised VACo that. its .Board of Supervisors intends to allocate the sum of $25,000 for disaster relief efforts in .the Gulf region due to Hurricane Katrina, and has challenged other counties in the Commonwealth to do the same. Supervisor Clark moved that the Board further discuss the matter under New Business. 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 Bradshaw indicated the Consent Agenda included the following items: A. Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change the Meeting Schedule Adopted at its Organizational Meeting of January 20, 2005 B. Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services C. Resolution to Accept and Appropriate Grant Funds from the Virginia Department of Motor Vehicles D. .Resolution of the Board of Supervisors of .the County of Isle of Wight, Virginia with Respect to a Lease Financing of the Western Tidewater Community Services Board for A Consumer Facility Project E. Personnel Policy Amendments F. Accounts Payable Methodology G. Action List Status Update H. DEQ/Public Notice dated August 22, 2005 I. Elimination of the James River Bridge Crossing As A Viable Alternative for the High Speed Rail Service J. August 8, 2005 Regular. Meeting Minutes Chairman Bradshaw asked if there were any items for removal. Supervisor Clark moved that the Board adopt the Consent. Agenda, as presented. The motion was .adopted by a vote of (5-0) with Supervisors 2 ~~~~~ 2? . ~~57 1 MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. /J Chairman Bradshaw called for Regional Reports. Chairman Bradshaw. offered to provide County Administrator Casket' copies of certain reports provided at a recent meeting of the Hampton Roads Economic Development Alliance. He indicated that the major topic of discussion at that meeting was the Base Closure -and Realignment Commission ("BRAG") decision. Supervisor MacManus briefed the Board on pertinent issues relative to the Southeastern Public Service Authority, and reported that the waste to energy facility provides 50% of all handled waste in the Hampton Roads area. // Chairman Bradshaw called for Transportation Matters. L7 .Supervisor Wright requested that VDOT be advised of the need to trim the asphalt at the intersection of Church Street and Route 460 in the Town of Windsor. Chairman Bradshaw moved that the Board direct staff to advise the Zuni Ruritan Club that VDOT has expressed concerns with installing rumble strips due to the amount of noise generated. 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 Clark inquired when the "Watch for Children"-signs would be installed in the Ashby Subdivision. Sandon S. Rogers, Transportation Planner, responded that he had not yet received a response back from VDOT, and upon receipt of notification from VDOT that the signs have been installed,. he would notify the Board accordingly. 1 Chairman Bradshaw reported that a topic of discussion at the VDOT quarterly meeting was the installation of a stop light on Route 17 that was not requested by the County. Mr. Rogers commented that VDOT has pledged in the future that the County would be advised .about any proposed stop lights that are planned in the County. 3` 9a~K 2.3....45$ Supervisor Bradby commended the equipment contractor hired by VDOT for his recent efforts in cleaning out the ditches in his area. r Chairman Bradshaw moved that the Board direct staff to relay the Board's concern with an inability of school buses to turn around at the railroad tracks in Zuni, and that staff request VDOT to perform a review of the intersection. 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.. Joe Mungo of Mill Creek Drive notified the Board that the weeds need to be removed from the ditch backs on Mill Creek Drive. Chairman Bradshaw requested staff to include Mr. Mungo's request to the list of items to be addressed by VDOT at the next quarterly meeting. // Chairman Bradshaw called for Citizen's Comments. Charles "Pete" Green of Mill Creek Drive spoke in opposition to the proposed Route 460 realignment. He advised that he had inquired as to why a route could not be designed going further south around the wetlands versus going north and impacting approximately $7,800,000 in assessed real estate, and he was notified by the project manager of the environmental study that routes are not supposed to go through Agricultural and Forestal Districts. He stated that the Director of Planning and Zoning had advised him that VDOT must go through a process to obtain final approval from the Board to cut through an Agricultural and Forestal District. He presented. a petition containing approximately 100 signatures, and asked those individuals in opposition to the proposed route to stand. Approximately 25 people stood. He requested the Board assist with having the proposed route changed. Carl McDaniel of Deer Trail in Zuni also expressed opposition to the proposed Route 460 realignment.. He stated that his house would not be directly impacted by the proposed road; however, an on-ramp coming from Zuni would be located behind his home. He added that the surrounding neighborhood is quiet, and he expressed concern with a potential increase in noise. He stated moving the route 2,000 feet to the south would allow the homes to be saved, and still accomplish the realignment. Supervisor MacManus moved that the Board move the discussion of the Route 460 realignment from Old Business to this point in the agenda. 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. ~ 1 4 BOON 23 .~.~~ Supervisor Clark advised the citizens in .attendance that it is not the Board's position for the proposed Route 460 alignment to proceed through these homes.. He stated common sense dictates that the alignment should go through uninhabited land and not the existing residential homes. 1 it Mr. Hartley briefed the Board on the three (3) Knoxville Agricultural Forestal Districts in the County which were .created during the 1980s, pursuant to a provision of the Code of Virginia. He stated these special resource districts were voluntarily created by the County and the property owners to identify critical agricultural and forestal resources in the County for preservation.. He stated there are approximately fifty-eight (58) parcejs-in the District, which. consists of approximately 4,400 acres, and approved fora ten (10) year period. He stated any proposed public project in that area must first be evaluated to determine the impact it might have on that District, and that no land could be acquired in that District until a local public process is held to receive community input. He stated VDOT is charged in considering the design of a project of this nature, and it must avoid, if at all possible, any impacts to the District. He distributed a summary of the policy findings and purpose of the District, to include the process required. Chairman Bradshaw voiced a concern about the location of the crossing at the Blackwater River. He noted that he also had a concern about the homes in the Mill Creek area that would be impacted, and the wetlands. Mr. Hartley stated CBA #2, which is the existing alignment with the bypasses, has the least environmental impact on wetlands. He stated the Corps of Engineers has advised this is the preferred route. Chairman Bradshaw stated because of the limited access at this point in time, he is concerned with the immediate and future economic impacts to the County. He stated a great deal of acreage could be landlocked, leaving no potential for .residential or commercial development along: the Route 460 corridor. Mr. Hartley agreed that it is a significant corridor through the center of the County, and if this is the selected corridor, how it is done is critical. He advised that since the last meeting, staff has identified and consulted with the County Attorney the fact that. the alternative route proposed by VDOT and the residents has a greater impact on the Knoxville Agricultural and Forestal District. He stated the Board's public policy is not to go through such districts, and the Board must decide if it wishes to deviate from this policy. 1 Chairman Bradshaw stated that Mr. Hartley's concern is that if the Board indicated its desire that the alignment not go through the residences, then the implied message the Board is sending is that it is alright for VDOT to go through the Knoxville Agricultural .and Forestal District. He stated Mr. Hartley deeds to ensure before he proceeds that this is indeed the message that the Board wanted to convey to VDOT. 5 Mr. Hartley advised that the Commonwealth Transportation Board would be holding it work session on October 19, 2005, and anticipates making a decision at its meting on November 15, 2005. Supervisor Clark moved that staff be directed to send a letter under the signature of the Chairman, to include maps, .for receipt on Tuesday, September 6, 2005,. by Dennis W. Heuer, P.E., Hampton Roads District Administrator, Virginia Department of Transportation. The letter is to be so clearly .worded so as to leave no question that the Board wants the homes in the Mill Creek area to be preserved even if the route has to go through the Knoxville Agricultural Forestal District. The letter should clearlystate that the Board's number one priority is that a route be found around the Mill Creek area homes which have an assessed real estate value of $7,800,000, and that the Board has concerns with the wetlands impact. 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 MacManus moved that staff develop a plan to proceed with initiating the necessary changes to the Knoxville Agricultural and Forestal. District, with the acknowledgement that such changes have been necessitated by the impact on .the Mill Swamp Creek homes in the currently proposed Route 460 alignment. 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 Bradshaw advised that staff and he would be present at the Commonwealth Transportation Board's meeting on October 19, 2005 to present the Board's resolutions and concerns with. the proposed alignment. He recommended that all other persons interested in this matter also attend, .and that Mr. Green meet with He en Dracus, the County's representative on the Commonwealth Transportation Board, to express his concerns. // Chairman Bradshaw called for the County Attorney's report. .With respect to election district representation and other issues related to .the Youth Services Advisory Board .and the CASA Advisory Council, County. Attorney Stroman advised that the draft bylaws allow the Board the flexibility to engage in election district representation. He stated it further allows the Board flexibility should an outstanding member be found who lives outside of a district to serve. He recommended that the next three. (3) appointments to the CASA Advisory Council be made by the Board: members representing the Carrsville, Hardy and Windsor districts in order to provide for such election district representation.. 1 1 I i 6 . aa~, ~`? : 461 County Attorney Stroman advised the Board that there is a vacancy for an at-large position on the Youth Services Advisory Board, and that such vacancy would be listed on the Appointments Page for the Board's consideration at its September 15, 2005 meeting. County Attorney Stroman noted the remainder of his items would be discussed later during the closed meeting. // Chairman Bradshaw called for the Community Development Report . Mr. Rogers presented the "preliminary" subdivision plat of Norsworthy Subdivision, property of Francis P. Norsworthy, Jr. and Rebecca M. Norsworthy, Brewers Neck Boulevard (Route 32/258), Newport Magisterial District, for the Board's consideration. Supervisor Wright spoke against more than one (1) entrance into Brewer's Neck Boulevard. Mr. Rogers replied the .entrances are necessary due to the impact on wetlands. Supervisor Clark expressed concern with traffic impacts to Brewer's Neck Boulevard, as well as the possibility of an additional traffic light being installed by VDOT. He recommended that there be only one (1) access to minimize the impact on Brewer's Neck Boulevard. Supervisor MacManus recommended berming the back of the lots with heavy landscaping so that there is a barrier between the homes and the highway. He stressed his preference that a variety of .different fencing types .not be used. Ted Miller, on behalf of the owner, advised only thirteen (13) lots have access to Brewer's Neck Boulevard, and that he did not have a clear understanding about the Board's concern with the second entrance onto Brewer's Neck Boulevard. Supervisor MacManus stated he preferred that there not be any entrance onto Brewer's Neck, if at all possible. He stated the developer could build a bridge across the wetlands, thus eliminating the need for a primary entrance into these lots onto a major highway. Supervisor Clark moved the Board table consideration of the plat until the Board's September 15, 2005 meeting to allow the developer and staff to revise the plat to reflect what type of landscaping will be utilized along the Route 258 corridor. The developer is to avoid multiple entrances onto Brewer's Neck Boulevard, which is a major thoroughfare. The motion was 7 900K ~•~ ~~'`~~2 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 MacManus further moved the Board table consideration of the Water Quality Impact Assessment of the Preliminary Subdivision Plat of Norsworthy Subdivision, property of Francis P. Norsworthy, Jr. and Rebecca M. Norsworthy, Brewers .Neck Boulevard (Route 32/258), Newport Magisterial District, until the Board's September 15, 2005 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. // Chairman Bradshaw called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, requested the Board's approval for him to execute the Rescue Squad Assistance Fund grant application. He stated he has assisted the Carrsville Volunteer Fire Department with acquiring certain items, and is currently awaiting cost estimates from the Emergency Communications Center on items they are also seeking assistance with funding. Chairman Bradshaw stated he was not in favor of fire and rescue organizations having to fund the local match portion of grants. He requested that the Board be apprised of such situations, so that it might have the opportunity to fund the local match portion, if possible. Mr. Childress. stated this is not a budgeted item, and funds are contained within emergency medical services budgets which are provided annually by the County. Supervisor Clark stated that he was also supportive of .the Board funding grant matches for those departments that have been aggressive in securing grants. Supervisor Clark requested Mr. Childress to advise the Fire and Rescue Association, and that he also advise the Board when these organizations qualify for 50/50 grant matches so that the Board will have the opportunity to fund the match instead of the funds be taken from. an organization's budget. Mr. Childress was further requested. to add the above- matter as an agenda item at the next Fire and Rescue Association meeting. Supervisor Clark moved the Board authorize the Director of Emergency Management to execute the RSAF grant application. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, 8 Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. . // , 1 Chairman Bradshaw called for the County Administrator's report. County Administrator Caskey presented a Resolution to Submit an Application and to Accept and Appropriate V-STOP Grant Program Funds from the Commonwealth of Virginia for the Board's consideration. Supervisor MacManus moved the Board authorize submission of "the grant application, and adopt the following Resolution: RESOLUTION TO SUBMIT AN APPLICATION AND TO ACCEPT AND APPROPRIATE V-STOP GRANT PROGRAM FUNDS FROM THE COMMONWEALTH OF VIRGINIA WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia. has approved the V-STOP grant application to the Commonwealth. of Virginia, Department of Criminal Justice Services; and, WHEREAS, the funds in the amount of twenty thousand forty seven dollars ($20,047) or so much as shall be received from the Virginia Department of Criminal Justice Services need to be accepted and appropriated to the appropriate line items in the FY 2005-06 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 funds in the amount of twenty thousand forty seven dollars ($20,047) or so much as shall be received from the Commonwealth of Virginia Department of Criminal Justice be appropriated to the appropriate line items in the 2005-2006 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. 1 Supervisor MacManus further moved that the Board appropriate $I,O55 from the Contingency Fund to cover the. V-STOP grant application. 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. s apnr ~•~ ~' ;'~~4 Emily G. Haywood, Director of Human Resources, briefed the Board ~ on the Prescription Drug Discount Card Program offered through the National Association of Bounties (NACo), which provides an opportunity for member counties to provide such a program to its citizens. Chairman Bradshaw moved the Board direct staff to provide an implementation plan, to include associated impacts and timeline, for the ..Board's review. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Chairman Bradshaw requested Ms. Haywood to publicize the matter on the County's website. Debbie J. Sivertson, Assistant to the County Administrator, presented a request from the Boykin's Tavern Museum Advisory Committee for funds in the amount of $2,750 from the FY05-06 General Contingency Fund to cover the cost of community events, educational seminars and office supplies. Supervisor MacManus moved the Board .approve the request of the Boykin's Tavern Museum Advisory Committee, and provide. $1,000 from the FY `OS-`06 General Contingency Fund. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Supervisor MacManus requested that the Board be advised how the appropriated funds were utilized by the Boykin's Tavern Museum Advisory Committee during the budget presentation next year. County Administrator Caskey advised with respect to the upcoming 2007 NACo .Annual. Conference and Exposition, NACo and the Virginia Association of Counties (VACo) are advocating sponsorship opportunities, and soliciting participation in the planning, fund-raising and ,promotion of activities and special events intended to ensure the success of the Conference. Supervisor MacManus noted the need to prepare a package of initiatives offering alternatives to northern Virginia and .its associated traffic problems for discussion at the next Mayors and Chairs meeting. Chairman Bradshaw requested County Administrator Caskey to ensure that Jim Campbell did not omit the Norfolk and Patrick Henry Airports from. any planning .considerations. He further requested County Administrator Caskey to request that Art Collins list this matter as a discussion item at the next Mayors and Chairs meeting. 9 1 1 i 10 90~M 23 ~ ~ 465 1 Chairman Bradshaw moved the Board direct the County Administrator and his staff to develop a plan for approval by the. Board with respect to the upcoming 2007 NACo Annual Conference and Exposition. 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. County Administrator Caskey presented an invitation from the Isle of ' Wight, England Council extending an invitation for a delegation of the Board of Supervisors to visit in the Spring. Supervisor Wright moved the Board direct staff to proceed with scheduling a date for the visit, and provide a proposed itinerary to the Board. 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. County Administration Caskey addressed the Board concerning its Annual Board Retreat. He advised that staff has been investigating the availability of sites for the months of November and December. J Chairman Bradshaw moved that the Board direct staff to check with James Brown to determine -if he is available on December 2"d and 3`d for a proposed Board Retreat, and bring the matter back to the Board at its September 15, 2005 meeting. 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 Bradshaw requested Mr. Robertson to contact the- General Assembly delegation regarding a timeline as to when legislation. must be submitted for the next legislative session. // Chairman Bradshaw called for Appointments Supervisor Wright moved that the Board reappoint W. L. Jones to serve on the Board of Building Appeals. 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. 1 Supervisor Clark moved that the Board appoint William C. Johnston to serve on the Youth Services Advisory Board. 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. // 11 ~~~~~?`~ > 466 Chairman Bradshaw called for Old-Business. ~ Chairman Bradshaw't;alled for consideration of the "Final" Subdivision Plat of Lawnes Point on the James, Rushmere, in the Hardy District. Mr. Hartley advised that staff has suggested language be added as a condition that addresses the issue of no zoning or building permit being issued until the sewer and water system has been constructed, tested and available for service. He stated this language would be a notation added to the plat. o• County Attorney Stroman advised that the language- has been discussed with the developer who is in agreement that this is an appropriate condition. to add.. William H. Riddick, III, counsel for the developer, concurred that the developer is in agreement with this condition. Supervisor Bradby moved the Board approve the "Final" Subdivision Plat of Lawnes Point on the James, as amended. 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 Clark stated that a plan needs to be formulated to preserve the Fort Huger site to protect its historical integrity as construction is initiated. Supervisor MacManus indicated that this .was an item he intended to bring up under New Business, and Supervisor Clark concurred. County Attorney Stroman advised that he had received .the deed to Fort Huger, as well as a proposed deed for the dredge site, which would not be recorded until the final plat is recorded.. He stated that he had also received a check in the amount of $25,000 to be held in escrow for the Rushmere Volunteer Fire Department. He stated the proffered conditions indicated that the funds would be released over on recordation of the final plat; however, Dan Gerard indicated that the developerwould be willing to authorize release of those funds to the. Rushmere Volunteer Fire Department on approval of the final plat. He stated he would be delivering the check to the fire department in the near future. Chairman Bradshaw called far discussion on County and community/village signage. Ms. Sivertson requested additional time for staff to consider locations for the signage, as well as other related issues. 12 ann, ~~? ~ c~7 1 Supervisor Clark moved the Board table the matter until the Board's October 6, 2005 meeting in order to allow staff additional time to consider the CommunityNillage sign location(s) and other .related issues, to include coordination with the Virginia Department of Transportation. 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 MacManus recommended that such signage be placed at community boundaries to ensure that communities are clearly delineated. Chairman Bradshaw called for discussion on the issue. of the Animal Control Department's gas chamber. County Administrator Caskey stated the information contained in the agenda is pursuant to the Board's request. for a status report on the condition of the gas chamber at the County's Animal Control Department, and is intended for the Board's information only. He stated another test had been conducted on the gas chamber on August 18, 2005, and the equipment was found to be in excellent working condition. He stated pursuant to the Board's previous direction, the unit would not be used without prior Board authorization. Chairman Bradshaw advised that responsive to concerns expressed by citizens with respect to the Office on Youth, staff took action to develop a press release. He stated a full-scale investigation is being conducted internally, and a representative of the State has also offered to perform an assessment of that office for the County at no cost. He stated when .the results of the investigation are released, the Board would advise the .citizens of the findings. Supervisor MacManus stated that County Administrator Caskey had sent a copy of .the Recyc Systems letter that was sent to Mr. Hicks, Virginia Department of Health. He stated that he had requested Mr. Caskey to correct inaccurate information provided by Recyc Systems concerning the Cypress Creek Subdivision. County Administrator Caskey advised that information would be forthcoming from staff and will address the issue of the "paper" houses as referred to in the letter, and any other issue that may have been included. [] Chairman Bradshaw presented a request from the Zuni Ruritan Club to the County Administrator that the Club be exempt from- paying the monthly water fee. Chairman Bradshaw moved the Board direct County Attorney Stroman to determine if the County can provide relief to the Zuni Ruritan Club from paying the monthly fee to the County for water service. The motion was 13 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 Bradshaw called for New Business. With respect to the request of Brunswick County for all localities to donate $25,000 to the Hurricane Katrina Disaster Relief, Supervisor MacManus moved the Board direct the County Administrator to notify VACo that the Board .has indicated a commitment to appropriate funding to the Hurricane Katrina relief efforts in an amount equal to one (1) dollar per capita, which equates to approximately $32,000. 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 Bradshaw moved the Board direct staff to send the County's challenge of appropriating $1 per capita to the other Hampton Roads localities. 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 Clark moved that staff be requested to reducethe-amount of vehicular travel over the next thirty (30) days; that staff be directed to notify the School Board of this request; and, that staff be directed to review the current mileage rate of reimbursement. The motion was adopted by a vote of (S-0) ..with Supervisors MacManus, Bradby,_ Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to the Fort Huger site, Supervisor MacManus moved that the Board direct staff to prepare an action plan on how the County can begin to preserve the Fort Huger site in an effort to protect .its integrity as construction is initiated. 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. Responding to an inquiry by Supervisor MacManus concerning the .deed for the dredge site, County Attorney Stroman advised that the Army Corps of Engineers is in agreement with the site chosen, but that it has indicated it will not move forward on issues related to the dredging of Tyler's Beach Boat Harbor until the easement is in hand. He stated additional information would be provided to the Board as it becomes available. Supervisor Clark directed staff to have an appropriate sign designed for placement outside the Board Room requesting that all cell phones and pagers be turned off during meetings. The motion was adopted by a vote of (5-0) 11 1 1 14 with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright. voting in favor of the motion, and no Supervisors voting against the motion. // D County Attorney Stroman requested a closed meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act to receive .legal advice in connection with probable litigation arising out of annexation matters with the towns; under Section 2.2-371 I.A.7 to receive legal advice in connection with the existing Franklin annexation agreement; under Section 2.2-3711.A.7 to receive legal advice in connection with the existing annexation as ' it pertains to the territory that was to have been annexed pursuant to the last agreement; under Section 2.2-3711.A.1 and A.7 to consider personnel items, specifically the performance of employees and to receive legal advice in connection with employees of the Commissioner of Revenue's Office; under Section 2.2-3711.A.1 to discuss a personnel matter relating to the .performance of County employees, specifically those associated with the Office on Youth; under Section 2.2.3711.A.7 to receive legal advice in connection with actual litigation in connection with Yellow Rock Road; under Section 2.2-3711.A.7 to receive legal advice pertaining to the FOIA; and, under Section 2.2-3711.A.1 to discuss three (3) personnel matters in connection with the performance of specified County employees. Supervisor Wright moved the Board enter 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 Wright moved the Board return to open session. 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 Clark 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, fl 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 15 :~. ~ :,-.470 -~. 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 ofeSupervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 1/ Supervisor Clark encouraged County staff to attend all seminars of interest. Chairman Bradshaw mentioned the recent devastation done to the Gulf region by Hurricane Katrina. He noted Grace Keen would like to know if the County is prepared for future disasters, County Administrator Casket' advised that the County is as prepared as it can be with the resources and manpower .that the. County. has. He added that the County is not prepared for the magnitude of destruction that would result from a hurricane "Katrina," nor.. is any other locality in Hampton Roads. Supervisor MacManus reminded those in attendance that a 911 ceremony is scheduled to take place Sunday,- September 11, 2005 at 5:00 p.m. at the south end of the James River Bridge. Supervisor Clark requested that a County staff person be designated to attend future Virginia Association of School Boards meetings. County Administrator Casket' reminded the Board that its next meeting is scheduled to begin at 4:00 p.m. for the purpose of dedicating the Joel G .Bradshaw Fairgrounds at the Isle of Wight County Heritage Park. // J II 11 i 1 ark^~ 23 .~,-~71 At 7:20 p.m., Supervisor Bradby moved the Board adjourn its 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. ' p A. Bradshaw, Chairman W. Dougl Ca ey, Clerk ~. 17