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07-20-2006 Regular Meeting. eoo~ 24 ~~::~144 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD. OF SUPERVISORS HELD THE TWEIVIETH DAY OF JULY IN THE YEAR TWO THOUSAND. AND. SIX PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman James B. Brown,. Jr. Thomas R. -Ivy. Phillip A. Bradshaw .Also Attending; Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm,. Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. f/ Supervisor Brown delivered the invocation. I~ The Pledge of Allegiance was conducted. // Chairman Wright called .for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: Following Item (2), Special Presentations, add a closed meeting item to discuss a matter involving the investment of public funds; under the- County Attorney's report, .add an item regarding approval of the Section 8 1Vlemorandum of Understanding. with .the Department of Social Services; under .Old `Business, add a Resolution to Change the Meeting .:Location and Time of the Board of Supervisors' Regularly Scheduled Meeting of August 3, 2006 to Dedicate the Henry H. Bradby Trail at Heritage Park; and, .under the Closed Meeting,. that there would be a total of six (6) matters. Supervisor Brower moved that the Board approve the agenda, as amended.. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. // 1 89i-K ~~ rr;~~~ Chairman Wright called for Special Presentations. Michael Patey, P.E., Virginia.. Timberline, advised the Board that a meeting was held on Wednesday, 3uly 19, 2006 with the Department of Environmental Quality at the Lawnes Point Subdivision pursuant to the recent grass cutting. activities that occurred at that site. He offered to meet with.any concerned Board member at the site should they so desire. Supervisor Clark noted that "grass. cutting activities" did not truly reflect what had occurred at the site. He stated that there had actually been destruction to the wetlands. Mr: Patey stated .that the intent of the. activities was to cut all grass to a height. of eighteen (18) inches, and that he did not believe there would be any permanent impacts to the wetlands. Mr. Patey stated. with respect to the issue of the sewage treatment system proposed to .serve the Lawnes Point Subdivision, the decision made by his company to purchase the property was initially .based on the understanding that well and septic tanks could be utilized. on-site. He stated following. the determination that the site does not contain suitable soils for septic .tank drain fields,. his company scrambled in order to locate a system that would be suitable for that site.. He stated following the design of the Sheaffer system., and the initiation of the permit, which took over a year to complete, numerous discussions had been held with the Department of Environmental Quality (DEQ) and County staff, and a number of problematic .issues arose. He advised that through the permitting process, there were a ,number of changes in the system, to include the increase of storage volume due to the need to detain the sewage and keep it stored in the proposed lagoons, which had .increased to 900 feet long by 450. feet wide, for a total of 150 days. over the winter.. He stated the spray field size also increased, as DEQ was proposing a spray discharge to approximately fifty (50) acres of the open space of the property. He stated during the permitting process, he had also had numerous discussion with. DEQ about whether or not this system would work, particularly with respect to the spray field. He advised that, at one point, DEQ staff had advised him that if he had applied. for a different type of permit, the process would have been completed six (6j months earlier, causing him to question why he was pursuing the permit for the .Shaeffer system, and asking if -there are other alternatives that were not previously considered. Bill Cry, consulting engineer, stated in -order for a permit to be obtained for a discharge wastewater treatment system, DEQ and the State Water. Control Board (SWCB) must first determine certain criteria to establish the discharge limits in order to protect the James River and the Chesapeake Bay. 2 • ~ 1 804 ~~ ~. {~ ~~ He stated that the tributaries in Virginia have been studied for the. past ten (10) years, and a tributary strategy developed and presented in March, 2005. He stated.: it was not available until then, and all tributaries, except the York and James Rivers had been adopted by the State Water Control .Board.. He stated that the strategy for the James River- tributary had not been approved until November 21, .2005. He stated one (1) of the reasons. it was difficult to consider a conventional treatment system is that the criteria to establish the discharge imits was not available. prior to November 21,,2005. He stated at that time, DEQ and the SWCB adopted the James River tributary strategy and established the appropriate `discharge limits to be completely protective of the. Chesapeake Bay to allow no degradation and, in fact, improved the quality. of the Chesapeake Bay,. and would create no problems,. whatsoever, to the James River. He stated that prior to November 21, 2005,. obtaining a permit was ::extremely difficult, if not_impossible. He stated options prior to that date and . finalization of the tributary strategy were "up in the air" as far as even obtaining; a permit because there was another. criteria, a requirement of no new load, no-additional pollutant whatsoever, in the. Chesapeake Bay. He stated that the procedure to accomplish that was .finalized only in November. of 2005. Supervisor Clark commented that the proposed development is located. outside the County's Development Service District, and that the Board had approved the application based on an earlier representation that Mr. Patey's company -was going to build. a Sheaffer system, which` is a no-discharge ..system.. Supervisor Clark referenced a transcript of the May 19, 2005 Board of Supervisors' minutes: which represented that a Sheaffer system would be built for the proposed development. He stated that VA Timberline had first advised the Board that it would be installing septic systems, and it was VA Timberline that had .relied on a soil. engineering firm which provided incorrect information. He stated the Board had bailed out VA Timberline,. .which it did not have to do, only because VA Timberline :had promised the Board that it would be building a Shaeffer system'. He stated that building any sewer system other than a Shaeffer ystem is not what VA Timberline's word was to the Board. He stated VA Timberline represented that a no- discharge system, the Shaeffer system, would be built, and that is the only reason he voted in support of the application. He stated that he wanted to know, as a company that is going to build a large community in the County, is VA Timberline .going to be telling. citizens' and community associations how they are going to be able to rely on VA Timberline's promise to them, when VA Timberline. is now telling the Board that it is not going to do what it orginally promised to do. Supervisor Clark inquired if VA Timberline is going to build a Shaeffer system or not. Mr. Patey replied Ghat. VA Timberline would prefer not to build a Shaeffer system. 3 s~~X 2~ .r : ~.~7 Supervisor Clark inquired if Mr. Patey's statement that VA Timberline prefers not to build a Shaeffer statement also means that if the Board does not agree that another sewer system may be utilized, that VA Timberline will build a Shaeffer system, Mr. Patey stated that he is here to communicate with the Board, and he would like the Board's support. He stated that VA Timberline believes that changing the system is absolutely the best choice long term for the 155 future residents of this County. He admitted that VA Timberline did get locked in to the Shaeffer. system. very quickly, and while he was not here to see all the steps of that process, he could tell the Board that VA Timberline had undergone a twelve (12) month permitting process, and it is not too big- to admit that it was wrong when it had selected the Shaeffer system. He asked, "Was the Shaeffer system the best system at the time? Perhaps, but there is now a better option for the future citizens of this County." Supervisor Clark again stated that he, as one{1) Board member, would never have approved a discharge system, and most likely VA Timberline would not be developing the proposed subdivision had it not represented that the Shaeffer system would be built. He stated VA Timberline may have gotten .the favorable vote of the other Board members, but probably would not have gotten the majority vote of the Board. had VA Timberline proposed a discharge system into the James River. He stated VA Timberline would be doing something. with the land other than building .155 homes on it. He stated that the James River is in the condition it is now because of the discharges into the river. He stated when "C" level wastewater is being discharged into an "F" river,. the river is not being improved, but further impaired. He stated the James River is in .its current .shape because what should be done to clean it up is not being done. He stated there should be no discharge into the James River. He stated that he wanted to hear that VA Timberline is going to build the Shaeffer. system on that property,. which is what it promised this Board it would build, and he expects VA Timberline to do what it promised to do. Mr. Cry stated what the DEQ and SWCB enacted for the James River was no additional .load. allocation whatsoever, and this. system will not result in any additional allocation. . Supervisor Clark inquired if Mr. Cry would drink what is coming out of the proposed wastewater system. Mr. Cry replied, "No, I would not. drink it." ~ a ~ - :. a _.. I .. I Q L 1J 2 .. ~:4 SOO ~ ~. Supervisor Clark stated then the .discharge has a load on it. He stated- that if Mr. Cry would not drink the. discharge, then.it was not pure water. He stated if the discharge is not pure enough to drink, then it is not improving the quality of the James River.. ,a Mr. Cry stated that there would be no new load on the discharge. Supervisor. Clark reiterated that approval of the application by this Board was granted due to the promise of a Shaeffer system. He stated he wanted to know the answer to whether or not the promise: to build the: Shaeffer system is being. taken away, and is the. Shaeffer system' going to be built. if the Board wants it to be built. ~~ Mr. Patey .stated -that he could not stand before the Board and say his. company is going to build something other than the Shaeffer system. He stated: that the. reason that he is .appearing before. the Board tonight, and. .talking to County staff, is because he believes that the best thing to build two (2}.years ago is not necessarily the best thing to build now. Supervisor. Bradshaw stated when the application was presented to the Board in May, 2005, it was then that VA Timberline had admitted that a mistake had been made, and the specialist for the Shaeffer system was brought before the Board who represented the importance of the system. He stated it was represented at that time that the Shaeffer system was the best. for that development and the County. He stated now VA Timberline is returning a year later admitting that it has made another mistake, a .major mistake,. on the same issue. Mr. Patey replied .that VA Timberline had learned a. great deal during the permitting process. He added that DEQ was not the only agency that had substantial concerns about the Shaeffer system. He advised that. written in .the text of VA Timberline's permit with DEQ is that if the spray field does not work, VA .Timberline will be required to apply for a discharge permit. He advised that .the plat had not been recorded until the permit was complete because 'of the same uncertainty over the same issues -that the County had. He stated that Mr. Cry had earlier elaborated on the developments with state regulations regarding no_ new net load discharge to the Chesapeake Bay.. He stated. that while there are low concentrations of nutrients in the effluent, the no new net load to the Chesapeake Bay means that. if anything detrimental is put in, it must be taken out, which is what VA Timberline intends to do should it move forward with. an alternative to the Shaeffer system. He stated VA Timberline is now. proposing a sequencing batch reactor type system, of which there are seventy (70} in use in the State of Virginia, and which. utilizes state=of-the-art technology. S gao~ 24:~:.~1~~ Supervisor Bradshaw inquired if Supervisor Brown knew what Mr. Patey was speaking about. Supervisor Brown responded that he had discussed the matter previously with Assistant County Administrator Rountree, who is familiar with the system, and had met with him and the developer on-site. He stated that while he was. not serving on the Board when the application was approved, he does understand how the proposed system works, and it has many desirable features. He stated that the discharge of the proposed system is half of what is allowed by DEQ in concentration. He noted that there .are a limited, number of Shaeffer systems in use, mast. of which are commercial applications which do not see a continual loading. Supervisor Clark commented that-it is VA Timberline's responsibility to make the Shaeffer system work.. He inquired if a law suit had been filed against the soil engineering firm that had advised that septic tanks would be suitable. Mr. Patey replied that VA Timberline had filed a lawsuit against the soil engineering firm. Supervisor Clark stated that VA Timberline had intentionally sold the Shaeffer .system to the Board because it knew that this Board would not approve a discharge system. He stated that the Board had approved the application based upon the. fact that. the Shaeffer system was a no discharge system. Now VA Timberline is attempting to get a discharge system approved which is obviously a cheaper system that will allow VA Timberline to reduce the land which must be devoted to the system. Mr. Patey assured the Board that VA .Timberline is not attempting to create land for other .uses. He stated that the Lawnes Point property is over 1-,500 acres, and about 65% of that area is open space, and will remain open space. He stated .that VA .Timberline is not proposing to. add lots, units or additional capacity to the sewer system.. He stated that the State did set discharge limits for that area of the James River at eight (8) milligrams per liter of nitrogen and one (I) milligram per liter of phosphorous. _ He stated that .the. system being proposed is state-of--the-art technology, and what is being proposed is to treat at a level of half of what is required by DEQ, which is four (4} milligrams per liter of nitrogen and half a milligram per liter of phosphorous. He stated than the proposed system has a UV disinfection system and does produce sludge,. and the Sussex Service Authority has expressed an interest in disposing of that sludge, as welt as an interest in operating the system. He stated that. there a similar plant in Sorry County, and the Authority would essentially opera#e both systems. He stated that the 6 t ~BQ~ FV~ rr..~-.L~O County -has :not proposed to own the sewer system at the Lawnes Foint Subdivision, however, the County will own the water system. .Chairman Wright stated that the only reason he voted favorably on the application was .because the County wanted to preserve .Fort Huger. He stated VA Timberline has made two (2) errors, and the Board made one (1), which was to approve the application to :begin with. He stated that the Board does not want a sewer system that discharges into the James River, and taxpayers are already paying. millions of dollars 'to clean up the Chesapeake Bay. . Mr. Fatey stated it is .not the .intent of VA Timberline to do anything to contribute. to the .problems in the Chesapeake Bay, and understands that it needs to have he cleanest affluent possible. He admitted. that the footprint of the proposed. system will be much smaller, but that the Shaeffer system. essentially had part of the treatment process occurring on the ground level. He stated that while this can not be called a discharge into the river, it could perhaps be called a discharge to .the ground water. He stated the proposed ..system. will have a higher level of treatment, and is far below what is required by the State. He stated that the proposed system is also a lower visibility system,. and that the Shaeffer system would take up as much: as sixty (60) acres. He advised that one (1) consideration VA Timberline did take into account is reduced maintenance because it will. not own the system .forever, as it will eventually beowned by the citizens of the subdivision.. He noted that forty eight (48) acres of spray field is a great deal of maintenance in the future, and. the ..proposed .system is a much easier solution for the future homeowners. Supervisor Clark commented .that VA Timberline had not mentioned maintenance concerns when the Shaeffer system- was originally proposed to the Board. Mr. Fatey stated that VA Timberline had known that maintenance wa s something that went along with the Shaeffer system. He stated that the proposed system is more conventional technology. He stated that the "reason that so many other systems in the state are utilizing the proposed system is because it is accepted by DEQ; it is more reliable; it is easier to maintain; and VA Timberline believes it is a better solution for the homeowners who will live in that. development. Supervisor Clark .asked- Mr. Fatey, "If the Board does not want to approve the proposed system, then it will not be done?" 7 _J eooK 24 rh_::15~. Mr. Patey replied that he would like to continue his discussions with staff and the Board. Supervisor Clark stated that he wanted to know what VA Timberline is going to do if the Board did not approve the proposed system. Mr. Patey replied that is not his decision alone to make, but that he would be happy to set a; meeting to include all the persons with VA Timberline who have decision making authority. Supervisor Clark stated that the. entire discussion will be moat unless Mr. Patey could advise him whether or not VA Timberline is going to build the: Shaeffer system. He stated anyone can make mistakes, and he has found this Board to be -one (1) of the most forgiving elected` bodies in this area; however, this Board had bailed VA Timberline out of the first mistake, and he now .thinks VA Timberline is taking advantage of the Board because approval would never. have been granted with. a discharge system. He stated now VA .Timberline wants to build a discharge system after the .Board. bailed it out of the soil engineering firm that did it a great disservice.. He stated that anybody in their right mind would have told VA Timberline that septic systems would not work on that property. He .stated that he felt that the former Director of Planning and Zoning, Jonathan Hartley, had pushed the Shaeffer system on the Board, and he did not think that Mr. Hartley had done a particularly good job of conditioning the application down the.. road. He stated that his answer is "no" because the approval was given based on a no discharge system. He inquired if 1VIr. Patey was here the night VA Timberline had originally proposed the Shaeffer system to the Board. Mr. Patey advised that he was not present. Supervisor Clark recalled that Mr. Mullans was the representative present when the Shaeffer system was proposed. Supervisor Bradshaw proposed that .the -Board defer.. this matter until Later in the meeting under OId ,Business to allow the Board to further discuss the issues. He stated that he would like to discuss with staff where the Board is at, and find out exactly what discharge means. He stated his concern is that this Board had adopted the .Ragged Island waterway as an exceptional waterway, and the Board does not need to be contradictory in its philosophy in clean waters and what the Board is trying to do county-wide. Supervisor Brown referred to a handout. dated :July. 10, 2005 which listed agencies .who have applied for permission t© DEQ for discharge of wastewater. He commented that he did not see VA Timberline listed. 8 24 ~w`.~'~~~ eooK `. Mr._Patey ..stated he believed that is probably due to the fact that VA Timberline's application is not yet complete. Supervisor Bradshaw moved that: the Board defer discussion on the matter to Old Business to allow .further discussion with staff. The motion was adopted by a vote of {5-Q) with Supervisors Bradshaw,. Brown, Clark,. - Ivy and Wright voting in favor of the motion, and no Supervisors. voting against the motion. // County Attorney Stroman- requested a Closed Meeting to discuss a matter pursuant to: Section 2.2-37I 1.A.6 of the Freedom of Information Act involving the investment of public funds. Supervisor Ivy moved that. the Board enter Closed Meeting for he reason stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors .Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion..: Supervisor Bradshaw moved that the Board return to open session. T he motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright .voting in favor of the motion, and no Supervisors voting against the .motion. .Supervisor Bradshaw .moved that the Board adopt the. following Resolution: .CERTIFICATION OF CLOSED MEETING i WHEREAS, he Board of Supervisors has convened a closed meeting. on this date pursuant to an affirmative recorded vote and in .accordance with the ; provisions of the Virginia Freedom of Information Act; and , WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed. meeting was conducted in conformity with Virginia law; .NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors herebycertifies that, to thebest of each member's. knowledge, (i) only public. business matters lawfully exempted frame 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 9 ' $04K ~4 r,: ~~J in the motion convening. the closed meeting were heard, discussed or .considered by the Board of Supervisors. VOTE AYES: Brown, Bradshaw, Clark, Ivy and Wright. NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 - ~r Chairman Wright indicated the Consent Agenda included. the following items: A. Resolution of Support of a Gift of an Engine from the Smithfield Volunteer Fire Department to the. Jasper Volunteer Fire Department in Virginia B. -City of Franklin -EMS Services C. Request for Proposal -Non-Professional Services: Emergency Services Facilities Master Plan and Response Time Study Resolution to Authorize the Solicitation of Proposals for an Emergency Services Facilities Master Plan and Response Time Study D. Schools -Carryover Purchase Orders from School Operating Budget FY2005-06 E. Planning Commission Action List of June 27,.2006 F. Biosolids Land Application in Isle of Wight County, Virginia G. DEQ/Public Notice Dated July 10, 2006 Supervisor Bradshaw. moved that the Consent. Agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, .Brown, Clark, Ivy and Wright. voting in favor of the motion, and no Supervisors voting against the motion. // Chairman. Wright called for Regional Reports. 10 s~~~ 2~~ h ~1~4 Chairman Wright. requested that, in his absence, Supervisor Bradshaw attend the next meeting of the Mayors: and ,.Chairs. scheduled for July 28, 2006. Chairman Wright advised that the audit report was received at the most recent meeting of the Western Tidewater Regional Jail. ` :Chairman Wright reported that. this. month's meeting of the Western Tidewater Water Authority had been cancelled. Supervisor .Bradshaw reported that Assistant County Administrator Small had attended .the most recent meeting of the Hampton Roads Economic Development Alliance on his behalf which was held with the Congressional Delegation in anticipation of the 2007 Jamestown celebration.. Supervisor Bradshaw announced that Don Hill, apart-time Social Services investigator who handles fraud issues will be recognized by the. Social Security Administrator and presented with the Philadelphia Regional Anti-fraud Award in Fredericksburg on August 4, 2006, Supervisor Bradshaw moved that staff. be directed to develop a resolution from -the.. Board in recognition of Don Hill receiving the Philadelphia Regional Anti-fraud Award through the Social Security Administration at a .ceremony to be held in Fredericksburg on August 4, 2006. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw,. Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Brown reported that the Southeastern Public Service . Authority had.held several. recentmeetings relative to Chesapeake's position, and that Authority members have been directed to reserve their comments at this time. // At 7:00 p.m., Supervisor Bradshaw moved that the Board amend the regular order of the .agenda in order to conduct the public. hearings. The motion was adopted by a vote. of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and. Wright voting in favor of the motion, and no Supervisors voting against the .motion. // _ Chairman Wright. called for a public hearing on the following: 11 80+?K 2~ ~c _~;1~~ A. An Ordinance to Amend the Chesapeake Bay Preservation Area Ordinance, Appendix B-1, of the Isle of Wight County Code. Beverly H: Walkup, Director of Planning and Zoning, stated the proposed amendment would allow staff to have administrative approval for shoreline and -.bank stabilization projects.. She noted that when shoreline or bank stabilization projects are submitted. for review, there are many. times that a portion of the project maybe outside of the jurisdiction of any of the jaunt state or federal agencies, as well as the Wetlands Board's jurisdiction,. which puts a cumbersome task. on property owners to go through a WQIA process, which is the. only process: the County allows under the Chesapeake Bay Ordinance at this time, and which requires approval from the Planning Commission and the Board. She stated staff is requesting that asite-plan be developed showing that it is sound engineering, describing that the project is necessary, that there be a vegetation element in the. WQIA. She stated the amendment also clarifies .the definition for peripheral stream, and clarifies requirements in terms of water quality impact assessments received for phased projects, such as residential projects. She stated that the process will require an annual update, which will require the. developer as phases of the development are completed to update information that was submitted in the water quality impact assessment so that staff can insure that compliance is obtained with what was approved. Ms. Walkup certified that the public hearing was duly advertised for publio hearing. Ms. Walkup advised that staff has also received input from the public since the Planning Commission meeting, and recommends that the water dependent facilities and piers be revised in the proposed ordinance to reflect that they also be exempt. Chairman. Wright called for persons to speak in favor of, or in opposition to, the proposed Ordinance. No one appeared and spoke in favor or in opposition. Chairman Wright closed the public hearing: and called for comments from the Board. Supervisor Clark moved that the Board table consideration of the Ordinance until the Board's August 17, 2006 meeting, which was moved later in the meeting to Monday August. 21 s~ under Item (C), Old Business. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy -and Wright voting in favor of the motion, and no Supervisors voting against the motion. 12 BQQ~ ~~ ~ncr~VV Chairman Wright called for apublic hearing on the following: B. The application of Maurice A. Rhodes, owner, and Milton G. and Judy L. Stewart, applicants, for a change in zoning classification from Rural Agricultural Conservation ..(RAC) to Conditional Rural Residential. (C-RR) of approximately 4.1 S acres of land located on the .north side of Walters Highway .(Route 25$) between- River Run .Trail (Route 614) and. Corrowaugh Way in .the Carrsville Election: District. The purpose of the application is for one (1)single-family residential. lot, as conditioned. Chairman Wright called for persons to speak in favor. of,- or in ..opposition to, the proposed application.: Maurice A. Rhodes, owner, advised that he desires to sell -one (1) lot consisting of approximately 4.15 acres of land.. Chairman Wright .closed .the public hearing and called for comments from the. Board. Supervisor Bradshaw moved .that. the Board. approve the application of .Maurice A. Rhodes and Milton G. and Judy L. Steward, as conditioned. The motion was adopted by_a vote of (5-0) with Supervisors Bradshaw, Brown, Clack, Ivy and Wright voting in favor of the motion,. and. no Supervisors ..voting against the motion. Chairman Wright called for a public hearing on the following:. C. Southside Hampton Roads Hazard Mitigation .Plan County Attorney Stroman certified that the Southside Hampton Roads Hazard Mitigation Plan has been duly advertised for public hearing. Richard O. Childress, Director of Emergency .Management, advised that the Federal Emergency Management Agency (FEMA) requires. each locality to adopt .such a plan in .order for it to continue to receive federal funds for pre and posf disaster mitigation projects.- He advised that the Southside Hampton Roads Hazard Mitigation Planning Committee had held ..regional meetings and public hearings to study. the. region's risk from, and vulnerabilities to, natural hazards and to make .recommendations on mitigating the effects of such hazards regionally. He also addressed in the Pian is what is needed within the County itself. He advised that the Plan has 13 been approved preliminarily by the Virginia Department of Emergency Management and FEMA. Chairman Wright called: for persons to speak in favor of, or in opposition. to, the proposed application. No one appeared to speak in favor or in opposition. to the Plan Chairman Wright closed .the public hearing and called for comments from the Board. Supervisor Clark moved that the Board adopt the Southside Hampton Roads Hazard Mitigation Plan. :The motion was adopted by a vote of (5-0} with. Supervisors Bradshaw, Brown, Clark, .Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. ri Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5-0} with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1/ Chairman Wright called for Transportation Matters. Sandon S. Rogers, Transportation Planner, advised that VDOT had painted strip along Route 460 in Zuni, and efforts are currently. underway to rectify various drainage concerns throughout the County. Mr. Rogers advised Supervisor Ivy that he would be getting back in touch with him regarding the ownership of the two (2) dead trees at the .intersection of James Street in Smithfield that are in need of removal. Chairman Wright inquired about the status of the warning lights in the Town of Windsor. Mr. Rogers advised that he would be meeting with the VDOT Resident Engineer next week to .review the County's action list, and that he would be requesting the status of the warning lights in Windsor, as well as the status of the installation of the gates at the James River Bridge at that. time. Chairman Wright inquired as to whether or not Mr. Neblett was aware of any changes being made #o the proposed alignment of Route 460, i4; J eo~R 24:x:-158 specifically if the Commonwealth .Transportation Board had .considered .revising the proposed alignment north of the existing Route 460 corridor. MacFarland Neblett; VDOT Resident Engineer, advised that he was not aware of any such proposal. He advised that proposals :related to the. project are dt~e by September. 14, 2006 from interested firms. under the provisions of the Public/Private Transportation Act process. Mr. Neblett advised Chairman Wright that he had not yet completed his research relative to how a turn lane in Sussex County had .been approved when the Town of Windsor could not get a similar turn lane approved. ;Grace Keen advised that the Beautification Committee intends to apply for a grant for. the .Jamestown 2007 celebration. She stated that the Committee would like to know what VDOT's plans ,are for the Benn's Church intersection before it proceeds with beautification efforts at that location. Supervisor Clark commented that he anticipates .the Benn's Church intersection to remain in its current form at least through 2007, and that he believed the Beautification Committee could safely proceed with its planting efforts. Mr. Neblett.. advised. that VDOT's Environmental Section will be cleaning that area in the near future and adding new plantings. Grace, Keen advised that the sprinkler system at the entrance to the James River Bridge is to be installed tomorrow... She invited the Board to attend a dedication ceremony on Sunday, September 10, 2006 at the James River Bridge. Supervisor Bradshaw requested that Mr. Neblett providehim copies of the maps that he currently uses to .identify County roads which: experience flooding during heavy rains. He offered to mark the .roads on the mapsthat he is aware of that .also experience flooding, but are not currently listed on the map..- // Chairman Wright called for Citizen's Comments.. _ Grace Keen commented that at its last meeting, .the Beautification Committee had discussed the litter problem at the James River Bridge, and the Committee had recommended that a sign program be initiated entitled "Take Pride in Isle of Wight County -Report Litterbugs at .... , ......." Chairman .Wright noted that. the Public Works Department was utilizing prisoners from the Western Tidewater Regional Jail on weekends. to 15 sonK 24 =~- ~7~ pick up litter along County roadways at one point in time. He requested that County Administrator Caskey determine if this program is still being implemented. Supervisor Bradshaw suggested that the Beautification Committee develop a proposal outlining its intended. function, as well as how the Committee anticipates the program to proceed, for presentation back to the Board He suggested that the Committee utilize the County's website for marketing purposes, and that it solicit the community's help utilizing ~~ volunteers, civic organizations, schools and churches within the County. ~ Chris Edwards, Smithfield Services owner, requested the Board's. intentions relative to the proposed Open Burning Ordinance. Chairman Wright advised that the County Attorney is presently drafting a proposed Open Burning .Ordinance, and.. following. review and update by the Board, it will be advertised for public hearing at which time the Board will receive public comments before voting on it. County .Attorney Stroman advised that the draft Open Burning Ordinance will be included in the Board's August 3, 2006 agenda for discussion only. He stated if the Board chooses to move forward, the Ordinance will then be set for public hearing. Supervisor Ivy offered to provide Mr. Edwards a copy of the County's draft Ordinance for his perusal. Supervisor Bradshaw requested that Mr. Edwards provide his written comments. to County Administrator Caskey for distribution back to the Board during its consideration of the matter. Al Casteen distributed copies of the reassessment on his property located at 506 Jordan Avenue. in Smithfield which indicate that the Board of Assessors believes that his property overlooking the marsh is more valuable than property actually located on the waterfront, and which illustrates that the Board of Assessors did not note his objection. to the land assessment,. nor the reason why. He advised that he protested his land being assessed as waterfront property because his land is on the marsh, and that the Board of Assessors had raised his original total assessment from $501,000 to $522,000 as a result. He advised. that his neighbor's assessment was raised $20,300 following his appeal, and two (2} other neighbors on Jordan Avenue who did not appeal their assessments, stilt had their assessments raised. He advised that the assessments on Jordan Avenue were already at an average. of 73% versus the County's rate of 41.7%. He advised that the average increase on Jordan Avenue is naw 79.2%, which is 89.9% over the County average, and approaches :four (4) times what the Board of Supervisors' homes were increased at 23.4%. He stated that Goose Hill Way, located behind Jordan Avenue, experienced an increase of 15.6%, which increase is 62.6% less than 16 eooK 24 ~~.~160 the County average, where half the homes are located on the water, and includes a five (5) acre island that has had its land- increased. by 7/10 of 1 %. He advised that Grey. Street experienced a 50% increase.. He made reference. to a second handout .illustrating that out. of 491 homes, less .than. 10% are paying 20% of the total increase.. He stated the last handout recaps. the Board of Supervisors' increases and others who. reside on their. streets, and .which .contains considerable discrepancies. He requested that landowners' names in prior reassessments be included on the County's website. Herb DeGroft, the :Board's. representative on the Senior Services of .Southeastern Virginia, invited the Board to attend that organization's .Tenth Annual Legislative. Event schedu-led at the Hilton Garden Inn. He thanked the :Board for its financial support to their operating budget for 2007. He referenced the school administration's efficiency review and, as a School Board member, offered to discuss it further with any interested Board member, // Chairman Wright called for the County Attorney's report. County Attorney Stroman presented a proposed lease agreement addendum with Franklin E. Hall. for. the lease of the building housing the Health Department at 401-405. Grace.. Street in the Town of Smithfield. He advised that Mr. Hall has requested a cost of living. increase in the amount of $SO.OQ from $1,750 to $1,800 per month. Supervisor..Ivymoved that the Chairman, on behalf of the Board, be authorized. to execute the Addendum to Lease Agreement with Franklin E. .Hall for the. lease of the building housing the Health Department at 401-405 Grace Street in the Town of Smithfield- in the amount of $1.,800. per month. .The ,motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright. voting in .favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman .presented a proposed environmental assessment consultant contract with McCallum Testing Laboratories, Inc. to perform .auger borings at the 550 gallon underground storage tank off of Burwells Bay Road utilizing funds obtained through. the .Hazard Mitigation Grant. Supervisor Clark moved that the Board authorize the .County Administrator, on behalf of the Board, to execute .the Environmental Assessment Consultant Contract between the Board and McCallum Testing Laboratories, Inc. to allow the consultant to perform auger borings at the. 550 gallon underground storage tank off of Burwells Bay Road utilizing funds 17 eooK 24 ~~~:~~.~1. obtained through the Hazard Mitigation Grant. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy. and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman presented a proposed consulting. services contract with Innovative Housing Institute (IHI) to allow IHI to .provide staff with economic and demographic information pertaining to affordable housing in Isle of Wight County. He advised that the contact person with IHI is Mr. David Rusk, and he noted that the. contract did include a liquidated damage provision to encourage the consultant to stay on schedule. Supervisor Ivy moved that the Board authorize the Chairman, on behalf of the Board, to execute the Consulting Services Contract between the Board and the Innovative Housing Institute (IHI) to allow IHI to provide staff with economic and demographic information pertaining to affordable housing in Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown., Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney .Stroman advised that. the County is in need of a survey before proceeding with a public hearing on .the proposed gift of property to the Isle of Wight Ruritan Club. He further advised that the Club has secured a surveyor, but still does not have a schedule. He recommended that the Board table the matter to the Board's September 7, 2006 meeting. Supervisor Clark moved that the .Board table the matter until the Board's September 7, 2006 meeting. The motion was adopted by a -vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion,. and no Supervisors voting against the motion. bounty Attorney Stroman presented a proposed service contract with Artists & Attractions, LLC to provide entertainment by the Rowdy Rooster Puppet Show at the County Fair. Supervisor Bradshaw. moved that the Board authorize the County Administrator, on behalf. of the Board, to execute the .Service Contract with Artists and Attractions, LLC to allow Artists & Attractions, LLC to provide. entertainment by the Rowdy Rooster Puppet Shaw at the County .Fair. The motion was adopted, by a vote of (5-0}.with Supervisors Bradshaw, Brown, Clark, Ivy and Wright" voting in favor of the motion, and no Supervisors voting .against the. motion. County Attorney Stroman presented a Section 8 Memorandum of Understanding (MOU) with the Social .Services Department which he has 18 --- ~+ b001c ~ ~a;'~iJ~ approved .and recommends the Board approve and authorize the Chairman to sign on behalf of the Board. Supervisor Bradshaw moved that the Board approve the MOU with the Department of Social Services, and authorize the Chairman to sign it on behalf of the. Board. The motion was adopted by a vote- of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors'voting against.the motion. . County Attorney Stroman advised that. there were a total of six (6) matters for discussion later during the Closed Meeting: // Chairman Wright called for the County Administrator's report. Liesl R.. DeVary, Director of Budget and Finance, formally introduced Barbara.Risucci, the County's new Assistant Budget and Finance Director, to the Board. County. Administrator Casket' requested that the .Board begin to give.. consideration. to the items that it wished to have .included in VACo's 2007 . ..Legislative Program. // Chairman Wright called for Appointments. Chairman .Wright moved that the Board appoint Marilyn Oliver to serve on the Agricultural/Forestal District Advisory Council, representing the Windsor District., The motion. was adopted by a vote of (5-0) with. Supervisors Bradshaw,. Brown, Clark, Ivy. and Wright voting in favor of the motion, .and no Supervisors voting against the motion. (Other appointments to the Agricultural/Forestal District Advisory ` Council were made by the Board following Closed Meeting.) Chairman Wright moved that the. Board. appoint James P. O'Briant, III, to serve on the Boykin's Tavern Advisory Committee, to fill the unexpired term of Marjorie Keeling, representing the Windsor District.- The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy. and Wright voting in favor of the motion, and no Supervisors voting against the motion. 19 BOCK. ~~ ~A`'~~t1ej Supervisor Bradshaw moved that the Board appoint Andrea Clontz to serve. on the Newport Development Service District Corridor Revitalization Committee, replacing Debbie Sivertson. The motion was. adopted by a vote of {5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors Voting against the motion. Supervisor Tvy .requested County Attorney Stroman to check the statute, and advise him as to how many alternates can serve on the Wetlands .Board. Supervisor Brown moved that the Board reappoint Herb DeGroft fo serve on the. Commission. on Aging representing the .Hardy District. The motion was adopted by a vote. of {5-0} with Supervisors Bradshaw, Brown, Clark, .Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. /! Chairman Wright called for Oid Business Chairman Wright directed staff to contact the engineering firm preparing the County's Master Water and Sewer Plan and request that they provide an update to the Board at its August 3, 2006 meeting relative to the anticipated completion date of the Plan. ..County Administrator Casket', .pursuant to the Board's direction at its July 20, 2006 meeting, presented a Resolution to .Change .the Meeting Location and Time of the .Board of .Supervisors' Regularly Scheduled Meeting of August 3, 2006 to Dedicate the Henry I-I. Bradby Trail at Heritage Park for the Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO CHANGE THE MEETING .LOCATION AND TIME OF THE BOARD OF SUPERVISORS' REGULARLY SCHEDULED MEETING OF AUGUST 3, 2006 WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to revise its regular meeting schedule adopted at its organizational meeting of January 5, 2006; and, .WHEREAS, the Isle of Wight. County Parks and Recreation Department has scheduled a dedication ceremony at 3:00 p.m. on Thursday, 20 August 3, 2006 at Heritage Park in recognition of Henry H. Bradby, former Board of Supervisors.' member representing -the Hardy District... ..NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the. County of Isle of Wight, Virginia .desires to change the location and time of its regular meeting scheduled for Thursday, August 3, 2006, to 3:00 p.m. at Heritage .Park. .The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, ..Brown,. Clark, .Ivy and Wright voting in favor of the. motion, and no Supervisors voting against the motion. Assistant County Administrator Small distributed a formal invitation to the Board.. Chairman Wright indicated that he had a conflict with the Thursday, August 17, 2006 Board meeting, and he inquired if any of the Board members had an .objection to the meeting being moved to Monday, August 21, 2006. There was no objection expressed by the Board. Chairman Wright moved that the Board change its-regularly scheduled meeting set for Thursday, August 17, 2006 to Monday, August 21, 2006 at 6:00 p.rn., and direct staff to proceed with preparing the necessary Resolution and advertisement.. The motion was adopted by a vote of (5-0) with' Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Wright called for continued discussion relative to VA Timberline and the proposed sewerage treatment system to serve the Lawnes Point Subdivision. Supervisor. Bradshaw stated that this Board had based its previous approval on VA Timberline utilizing the Shaeffer system, .which is a no- dscharge system. He noted that now VA Timberline. is requesting permission to build a discharge system, and claiming that the discharge will be a benefit. He inquired from ataff what effects the discharge will. have on the James .River. Ms. Walkup stated while she could not .advise the Board what the scientific effects. on the .James River. would be if a discharge system was approved by the Board, that it is DEQ's job. to insure that there is no detriment. to the .water body that is receiving the discharge. She noted that 21 Bo4K 24 .~ ~.~ 1fi5 the Board could ask DEQ representatives to address its questions regarding this issue, and also where the County may have some authority in terms of .the County's response back on the .proposed system. Supervisor Bradshaw inquired if staff had contacted CBLAD regarding the application. Ms. Walkup replied that staff had not contacted CBLAD on this issue; however, CBLAD had responded on the original application. Assistant County .Administrator Rountree stated that it is ..his understanding that even though there is an allowable pollutant discharge, there is also an overriding requirement that there be no net increase in the James River, which would mean either that the discharge has zero pollutants. or, if it does have pollutants below the allowable limit, that the developer will be required to select another. site on the James River and mitigate an existing pollutant that is running into the streams. Supervisor Clark stated his concern is that the state has .not hired. a sufficient number of monitors to insure water quality. He stated that DEQ is .not doing its job monitoring the water levels, but .DEQ is proposing these regulations, and no one is checking to insure compliance. Ms. Walkup stated that the developer could .purchase credits from an existing facility that has additional capacity in this system, but. who actually has to .implement the mitigation plan is unclear. Supervisor Brawn inquired if the- County could place responsibility on the developer to report to the Board or staff. Assistant County Administrator Rountree noted that staff is not prepared to monitor compliance.- Supervisor Clark stated that every sewage facility, no matter what type, requires monitoring to some degree. Supervisor Bradshaw requested clarification on the zero pollutant. Mr. Patey stated this. is referred to as an "offset," and that there are a number of ways in the program to accomplish the "offset." He stated the goal is to take whatever is put into the James. River on an annual basis, quantify it in pounds, and mitigate for that at another location.. He stated the 22 II . SOAK 24 ~: •'1~~ state has set up a program to do this through the water quality improvement fund wherein funds are paid to farmers to take part of their farms :and allow -them to vegetate permanently so that the water filters through that area before it enters into a 'stream, forested buffers along streams, and in some projects build stormwater BMPs above and beyond what is normally required. He stated that the program is monitored by DEQ, and an annual report must be filed by the public entity. Supervisor Bradshaw inquired what Mr. Patey's plan is for the offset. Mr. Fatey advised that a plan would be developed when VA Timberline moves forward, if it does move forward, Supervisor Bradshaw stated it .would be appropriate. for Mr. Patey to advise the .Board what the offset will be, and how the system will be monitored,. so that the Board can be .reassured that it is protecting: its waterways. Mr. Cry advised that the Department of Conservation and Recreation is now in the process of setting. the finale regulations on the offsets in the water. He noted that farmers are in a great deal of trouble throughout the Chesapeake Bay because there is a lot of nitrogen and phosphorous runoff to the. Chesapeake Bay. Chairman Wright .slated that the only interest the developer has is to make more money Attorney. William H. Riddick, III stated that VA Timberline -had originally requested the Board to approve the Shaeffer.system because it was the only technology known at that time that would work at that development. He stated VA Timberline believed. when it .made the promise to .the .Board that it truly -was. going to build .the Shaeffer system, as illustrated by the tens of thousands of dollars spent in pursuit of that system, to include obtaining. a permit from DEQ. He stated that during that process, DEQ and others told VA Timberline that there was a better system. He stated if the Board tells- VA Timberline that it is going to build a Shaeffer system, then VA Timberline will build a Shaeffer system, and there is no question about that. He stated that he hopes before the Board makes a decision that it will seek feedback from others, but if after the Board has reviewed all the data and made an objective analysis, if .the Board wants VA Timberline to .build a Shaeffer system, then VA Timberline is going to do that. Supervisor .Clark stated that he is willing to consider other system alternatives,. but he could not promise that he -would change his mind. He 23 ,1 stated that Attorney Riddick was present the night the Shaeffer system was presented to the Board, and. he also knew that if VA Timberline had presented a discharge system to the Board, the Board would never have approved the application. Attorney Riddick stated that VA Timberline would be remiss if it did not at least advise the Board that there is a better way, and if the Board reviews it and advises VA Timberline that it is not preferable, then VA Timberline will build a Shaeffer system. Chairman Wright stated .that the Board does want to work with VA Timberline,. and it has demonstrated that it has worked with VA Timberline in the .past. He requested numbers on the discharge system proposed be provided to the Board, as well as an explanation of why the proposed system is better. Supervisor Clark stated he was the Board member that made the motion to approve the Shaeffer system, and when Mr. Hartley advised the Board that all the conditions had been complied with, he did not follow up with Mr. Hartley. He stated the Board did not make a popular decision when it approved a subdivision outside the Development Service District, and one { 1) of the Board's considerations was that the system was not going to be a discharge system and send pollutants into the river. He stated he is willing to look at what the developer is proposing, but he is not committing at this time to change his mind.. Attorney Riddick advised that with respect to the lawsuit filed in ,federal court against the soil engineering firm who advised that the property would support septic tanks. and drain fields, the attorney for VA Timberline had taken a voluntary dismissal as a result of new information becoming available. He stated that the attorney intends to refile the lawsuit at a future date. Supervisor Bradshaw moved that the Board direct staff work with VA Timberline and return to the Board .after consulting with DEQ, CBLAD, James River Association, River Watchers/River Keepers regarding if the Board pursues .the proposal. for a discharge sewage system, what will the offsets to the County be; what. is the plan; what is the Board going to see, and how will it be impacted; how will the system be monitored (the $oard does .not want monitoring to be left in the hands of the State); and, what type of responsibility will fall in the hands of the citizens with respect to maintenance over the years.: The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the .motion, and no Supervisors voting against the motion. 24 80nA 24 ~,..~~~8 // Chairman Wright called for New Business. Supervisor Bradshaw requested that staff attend the Homeland Security Program scheduled to be held at the Sunry Nuclear Power Station.. Supervisor Bradshaw .stated in .regards tv certain requests for contributions received by Precision Cheer, Virginia Black Expo, the Genieve Shelter and the Western Tidewater Community Services Board, he would suggest that hey be directed to the Board's Finance Committee and Director of Budget and Finance for a recommendation back to the Board.. Supervisor Bradshaw .moved that the Board direct the requests for funding from Precision Cheer/Smithfield, Virginia Black Expo, the Genieve Shelter. and Western Tidewater Community Services Board to the Board's Finance Committee and the Director of Budget and Finance for a recommendation to the Board at its August 3, 2006 meeting. The motion was - adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting. in favor of the motion, and no Supervisors voting against. the ..motion. Supervisor. Ivy announced. that the $200,000 previously allocated. by the Board to the school system has now been .returned to the .County in its entirety. // County Attorney Stroman requested that. the- Baard enter Closed Meeting pursuant to Section 2.2-3711 A.7 of the Freedom of Information Act .concerning legal advice regarding the proposed contract with the Blackwater Regional Library Board; pursuant to Section 2.2-3711.A.7 to receive legal advice- with respect to a previously granted Conditional Use Permit;.pursuant to Section 2.2-371 l A.7 to receive legal advice concerning a proposed Memorandum of Understanding .with .the Town of Windsor; pursuant to Section 2.2-3711.A.7 to receive legal .advice ..regarding a `utilities matter involving the Town of Windsor and the. Hampton Roads Sanitation. District; pursuant to Section 2.2-3711.A.1 .concerning two (2) personnel matters involving. the performance of a specified public employee; pursuant to Section 2.2-3711:A,7 to receive legal.. advice and consider the investment of public funds in connection- with the Southeastern Public Service Authority; and, pursuant to Sectian 2.2-3711.A. T concerning a personnel matter and investment of public funds related to the earlier Closed Meeting. Supervisor Ivy moved that the Board enter the Closed Meeting. for the reasons stated by the County Attorney. The motion was adopted by a vote of 25 ao~K 24 :~~;•1f (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion.. Supervisor. Ivy moved. that the Board return to open session. The motion was adopted. by a vote of (5-0) with Supervisors Bradshaw Brown, Clark,- Ivy and Wright voting in favor of the motion, and no .Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: 1 CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code. of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted inconformity 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:. Brown, Bradshaw, Clark, Ivy and Wright NAYS:. 0 ABSENT DURING VOTE: 0 .ABSENT DURING MEETING: 0 // Chairman Wright reminded the Board that the August 3, 2006 meeting. would convene at 3:OO p.m. at the Heritage Park for the purpose of dedicating .Henry H. Bradby Trail in honor of Henry H. Bradby, a former Board member who represented the Hardy District. 26 • eae~ 24 :•,.. ~~.7t1 ~/ Supervisor Clark moved that he Board appoint Phillip Edwards, III, to -serve on the Agricultural/Forestal .District Advisory Council, replacing Ron Freeman, :and representing the Newport District. The motion was adopted. by a vote of {5-0) with .Supervisors Bradshaw, Brown, Clark, Ivy. -and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved Ghat the Board appoint Chuck Owens. to serve on the Agricultural/Forestal District Advisory Council, replacing J. S. Kirk, and representing the Newport District. The motion was. adopted by a vote. of (5-0) .with Supervisors Bradshaw, Brown, Clark, Ivy .and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Brown moved that the Board appoint Brian Carroll to-serve on the Agricultural/Forestal District Advisory Committee, representing the Hardy District. The motion was adopted by a vote of (5-0) with. Supervisors Bradshaw, Brown, Clark, .Ivy and Wright voting in favor of the. motion, and no Supervisors voting against the motion. // - At 9::20 p.m., Supervisor Ivy moved that. the Board adjourn its meeting. The motion was adopted by a vote of (5-Q) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright .voting in favor of the motion, and no Supervisors voting against the motion. ~/ omas J. right, ,Chairman 27