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01-08-1998 Regular Meeting1 1 1 • eooK ~? ~~. X49 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY 1~OARD OF SUPERVISORS HELD THE EIGHTH DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED NINETY EIGHT PRESENT: Robert C. Claud, Sr., Chairman O. A. Spady, Vice-Chairman Malcolm T. Cofer Phillip A. Bradshaw Henry H. Bradby Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant to the County Administrator/Directof of Human Resources Carey H. Mills, Recording Secretary Chairman Bradby called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Claud. // 3 Chairman Bradby designated County Administrator Caskey to act as Chairman for the election of a new Chairman of the Board of Supervisors for 1998. Mr. Caskey opened the floor for nominations. Supervisor Spady moved the Board nominate Robert C. Claud, Sr: as Chairman of the. Board of Supervisors for 1998. Supervisor .Bradby_ moved the Boazd close the nominations. Robert C. Claud, Sr. was elected Chairman of the Board for 1998 by a vote of (4-0) of the Board. Robert C. Claud, Sr. abstained from voting. Chairman Claud called for nominations for Vice-Chairman. Supervisor Bradshaw moved the Board nominate O. A. Spady as Vice-Chairman for 1998. Supervisor Cofer moved the- Board close the nominations. O. A. Spady was elected Vice-Chairman of the Boazd for-1998 by a vote of.(4-0) of the Board: O. A. Spady abstained from voting. Supervisor Cofer moved the Board adopt the following meeting schedule for 1998: First Thursday of each month at 2:00 p.m. Third Thursday of each month at 6:00 p.m. with public hearings to commence at 7:00 p.m. I The motion was adopted unanimously (5-0). 1 I • ~ - Supervisor Spady .moved the Board appoint W. Douglas Casket' as Clerk of the Board. for 1998. The motion was adopted unanimously (S-0). Supervisor Bradshaw moved the. Board appoint Carey H. Mills as its. Recording Secretary. The motion was adopted unanimously (5-0). // Chairman Claud indicated the following Consent Agenda included Item 3, A and B, and asked if there were any items for removal: December 4, 1997 Economic Development Work Session Minutes December 4, 1997 Regular Meeting Minutes ..There being no items requested by the Board members for removal, Supervisor Cofer moved the Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). // Chairman Claud called for Transportation Matters. MacFarland Neblett, Resident Engineer, VDOT, presented the Six-Year Plan for Secondary Roads and reminded the Board it should schedule its public hearing on the Plan. Mr. Neblett noted that additional money is being placed on the Jones Creek Bridge project. to cover redesign and preliminary engineering costs and anticipated construction costs. Mr. Neblett stated he would be meeting with the Board in the near future to further discuss alternatives concerning this project. Supervisor Spady moved the Board authorize staff to advertise the Six- Year Plan for Secondary Roads for the Board's February 19, 1998 meeting at 7:00 p.m. The motion was adopted unanimously (5-0). Chairman Claud requested the following two items be discussed at the meeting betweenth'e Board and VDOT representatives scheduled for January 29, .1998 at the Suffolk District. office: Muddy. Cross Road (data on number ofright-of--way acquisitions) Speed limit study on Route 603 (Blackwater Road) Mr. Neblett shared with the Board that Raynor Road should be ready for advertisement for construction by the end of this year, if not sooner.. Supervisor Bradshaw requested the Director of Planning and Zoning schedule a meeting. with the Resident Engineer concerning Pruden Road. 2 ,. ~. 1 1 - , Supervisor. Bradshaw requested the Resident Engineer to investigate the number of accidents on Orbit Road. Following up on the Board's previously-noted concern with the. concrete barriers on the Route 10 bypass, Mr. Neblett stated the contractor is presently preparing a plan to improve the existing situation regarding broken pavement, as well as a number of other items. // Chairman Claud called for Citizens Comments. Troy Ramsey of Carrollton expressed concern with the Graymor project along Route 10, specifically as it relates to the number of homes being proposed and the impact it will have on the County. Mr. 'Ramsey inquired if there were time limits on rezoning. County Attorney Crook advised that once property is zoned, it remains zoned to a particular use from that point on. County Attomey Crook. further advised the project is currently being considered by the Planning Commission and. invited Mr. Ramsey to attend these meetings to-voice his concerns. County Attorney Crook noted Mr Ramsey is premature to debate this issue with .the Board when the matter has not yet gotten to the Board for .its consideration. County Attorney Crook cautioned that the Board could not deprive an individual of vested rights. // Chairman. Claud called for the Community. Development report. Jonathan W. Hartley, Director of Planning and Zoning, offered nothing for discussion by the Board and reminded the Board of needed appointments to the Comprehensive Plan Advisory Committee. // - 1 Chairman Claud called for the Public Utilities report. E. Wayne Rountree, P.E., Director of Public Utilities, stated the Board previously directed staffto meetwith the engineers on the Windsor sewer project as the design is behind schedule, running over. budget. and has numerous easement problems. Such a meeting. produced promises of improved quality, efforts to reduce the projected cost and revised schedules, including that the. preliminary plans would be delivered to the County by December 31, 1997 with final plans ready by February 1, 1998. The plans were not received as promised - and an additional meeting was held and staff was supplied a new schedule which. indicates the project will be bid in three (3) stages, the first stage being ready for 3 800K ~7 ~a"~~2 advertising on February 9, 1998, the second stage on March 1;1998 and the third stage on April 5, 1998. Staff was further advised that the number of easements that would be required had increased to 19S easements.. Mr. Rountree stated based on what has occurred thus far on this project, he did not feel. comfortable that the new revised schedule will be met although ,there have been improvements in the engineers perfonmance. Mr. Rountree noted he has also received a request for a change order from the engineer in the amount of $42,000 for additional easement work which he has not had an opportunity to review. Mr. Rountree noted Frank Sanders,. Vice President of AES and the County's project manager, has been. invited to the meeting and will be here later in the evening to address the Board's concerns. Chairman Claud noted the Board would return to the matter when Mr. Sanders is present later in the meeting. // Chairman Claud called for the Economic Development report. Lynn P. Hams, Director of Economic Development, stated the Board, at its Retreat, had. requested information on Community Development Authorities (CDAs), which has been provided to the Board in its agenda. Ms. Hams stated CDAs are another- economic development tool. which can be used to ..attract commercial and residential developments. Prince William County has enacted this policy in order to offset some of the residential development and attract more commercial and industrial developments. Ms. Harris indicated some review by the County.Attorney and the Board to determine if it would affect economic development in a positive manner at this time would be recommended. Supervisor Bradshaw moved the Board direct the County Attorney to review the statutes .presented in regard to CDAs. The motion was adopted unanimously (5-0). Supervisor Bradshaw further moved to direct staff, in conjunction with the County Administrator, to review the feasibility of developing CDAs in the County. The motion was adopted unanimously. (5-0). I/ Chairman Claud called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and Recreation, requested the Board's permission to utilize $35,000 for the replacement of playground equipment and $5,000 to replace the lights on the basketball court at the Camptown Park and Community Center. Mr. Nogiec noted that capital funding in the amount of $40,000 was appropriated in the County's Capital Budget. for the resurfacing of the basketball and tennis courts at the Camptown Park. and Community Center. 1 ,. 1 1 4 1 C ~_ eooK 1~ ~r~•~53 Supervisor Bradshaw moved. the Board approve the request to utilize $35,000 for the~replacement of the playground equipment and $5,000 to replace the lights on the basketball court at the Camptown Park and Community Center. The- motion was adopted unanimously (5-0). Mr. Nogiec referred to the various policies and procedures previously adopted and implemented by the former Isle of Wight .County Public Recreational Facilities Authority and noted the Board should anticipate receiving a written. policy pertaining to certain other fees, such as classes. Supervisor Spady moved the Department of Parks and Recreation continue ; with its present policies in use by the former Parks and Recreation Authority. Where no existing policy exists, the situation is to be handled as in the past until the County receives a recommendation from the County Attorney and Director of Human Resources. The motion was. adopted unanimously (5-0). // Chairman Claud called for the County Attorney's report. County Attorney Crook offered nothing for public discussion. He noted he would have several. matters for executive session later in the meeting.. // Chairman Claud called for the County Administrator`s report. .County Administrator Caskey noted Wylie R. Cooke, Jr., MMM Design Group, would not be present to address the issue of the proposed regional juvenile detention facility with the Board this evening. Mr. Caskey recommended the Board consider deferring action on this- matter as there is a need for an additional meeting on the financial aspects of the project. Supervisor Spady noted concerns with operation and maintenance costs, as projected, and requested these be taken into consideration when the meeting is held Supervisor Bradshaw moved the Board adopt .the following. resolution: RESOLUTION TO ACCEPT AND APPROPRIATE THIRTEEN THOUSAND DOLLARS FROM THE CAMP YOUNTS, RUTH CAMP CAMPBELL AND CAMP FOUNDATIONS FOR FIRE AND RESCUE SERVICES WHEREAS, the Board of Supervisors of the. County of Isle of Wight, Virginia has received donations for fire and rescue services; and, 5 Qoo~ 17 ~~n~55~ WHEREAS, the funds in .the total amount of .thirteen thousand dollars ($13,000): need to be appropriated to the appropriate fire and rescue line items in the 1997-98 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirteen thousand. dollars ($13,000) be accepted and appropriated to the Carrsville Fire Department ($5,000), the Windsor Rescue Squad ($5,000), and the Windsor Fire Department ($3,000) in the 1997-98 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County.. of .Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Cofer. moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FOURTEEN THOUSAND NINE HUNDRED NINETY EIGHT DOLLARS FROM THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR EXPENSES ASSOCIATED WITH THE COUNTY'S FUEL TANK REMOVAL WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received reimbursement for fuel tank removal expenses; and, WHEREAS, the funds in the amount of fourteen thousand nine hundred ninety eight dollars ($14,998) need to be appropriated to the appropriate line item in the 1997-98 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED. by the Board of Supervisors of the County of Isle of Wight,. Virginia that fourteen thousand nine hundred ninety eight .dollars ($14,998) be accepted and appropriated to the appropriate line item of the 1997-98 operating budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator. of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and do all.things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved-.the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE ELEVEN THOUSAND 1 1 6 r i r ~ BOQK ~~ 'r. ~ atJ ONE HUNDRED FORTY SIX DOLLARS FROM THE WESTERN TIDEWATER HEALTH DISTRICT FOR THE SENIOR SERVICES PROGRAM 1 1 C~ six dollars ($11,146) need to be appropriated to the appropriate line item in the 1997-98 operating budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY. RESOLVED by the Board of .Supervisors of the .County of Isle of Wight, Virginia that eleven thousand one hundred forty six dollars ($11,146) to be received from the Western Tidewater Health District be appropriated to the Senior Services Program line item in the 1997-98 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do ali things necessary to give this '~ resolution effect. ',` WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received additional funding for the Senior Services Program; and WHEREAS, the funds in the amount of eleven thousand one hundred forty The motion was adopted unanimously (5-0). Donald T. Robertson, Assistant to the County Administrator/Director of . Human Resources, provided the Board with an update on the Fire and Rescue Association's study. He pointed out that the timing of the'study is such that the results from the study may not be available in time for the Board. to incorporate same into its upcoming budget process as it may take from .four (4) to six (6) months. He noted he was advised that the study team will provide a significant amount of documentation. about various items, however, they would not -make r specific recommendations as they feel that with the information provided the Board will be in a position to make these specific decisions. Supervisor Cofer moved the Board appoint 0. A. Spady to serve as the Board's liaison to the Fire and Rescue Association for.calendar year 1998.: The motion was adopted unanimously (5-0). Mr. Robertson notified Supervisor Spady that the next .meeting of the .Fire and Rescue Association is February 3, 1998. // At 7:00 p.m., Supervisor Cofer moved the Board amend the order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). u, ao~s 17 ,x.;..55$ Chainman Claud called for public hearings on the following applications: The application of Dashiell Land Trust, .owner and PrimeCo .Communications, lessee, for a Conditional Use Permit to .locate a communication tower of 185 feet in height and an equipment pad. adjacent to the base of the tower on property located on the north side of Berry Hilt Road (Route 666), between the Town of Smithfield corporate limits and the Route t 0 Bypass in Hardy. Magisterial District. Chairman Claud called for comments from persons in favor of or in opposition to the proposed application. Attorney Glen Hampton of McQuire, Woods, Battle and Booth appeared representing PrimeCo Communications. Attorney Hampton stated it was his client's original intention to place the antennas on the Gwaltney meat packing plant's water tank near the proposed location, however, when dealing with the particulars of the, lease arrangement, it was discovered that the existing financing .arrangements placed certain restrictions on what could be done with the property. In this regard,: Gwaltney was unable to grant the lease to PrimeCo for the right to place PrimeCo's antennas on the water tank. Through negotiations with landowners in the immediate area, the Dashiell land site was .discovered just.. outside the Gwaltney plant. An arrangement was also. worked out with the Town of Smithfield which wishes to construct its own tower for emergency services communications where they can put not only the equipment that services the Town, but the County, for emergency equipment communications on PrimeCo's tower. Responding to Supervisor Spady's inquiry, Attorney Hampton verified that PrimeCo would allow the County to install its antenna if it so needed one, subject to engineering ensuring that this does not cause any interference. Chairman Claud closed the public hearing and called for comments from the Board. Responding to Supervisor Bradshaw's concern. over the possibility of abandoned towers in the County, County Attorney Crook advised the Ordinance contains a provision that communication towers, when no longer in use, shall be . removed within six months. Supervisor Spady moved the Board approve the application of Dashiell Land Trust and directed the applicant to forward to the County a Letter of Intent that the County may utilize the tower for the placement of telecommunications equipment. The motion was adopted unanimously (5-0). The application of Smithfield Apartments Corporation for a change in 8 Y. 1 80QK 17 -; ~~L1~ zoning classification from RAC. to: Conditional General Commercial, approximately two (2) acres of-land located on the east side of Courthouse Highway :(Route 258), between Scott's Factory Road (Route 620) and the Town of Smithfield Limits, in Newport Magisterial District Chairman Claud called for persons to speak in favor of or in opposition to the proposed application. Attorney Robert Jones of Jones and Jones, representing the applicant, stated requirements pertaining to the: resource management have been met and . the applicant is in the process of .applying for the septic tank permits. Chairman Claud closed the public hearing and. called for .comments from the Board. Following no comments from .thee Board, Supervisor Cofer moved the Board approve the application of Smithfield Apartments Corporation,. as conditioned. The motion'was adopted unanimously (5-0). ' // i Supervisor Cofer .moved the .Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Claud called forthe continuation of the County Administrator's report. County Administrator Casket' noted contained in the agenda is information from the Board's strategic planning retreat held in December. Mr. Casket' -noted the Board at its meeting of December 18, 1997 discussed the need to reflect on the issues discussed and consideration of future direction the Board may wish to take relative to these issues. Supervisor Bradshaw moved the Board direct staff to meet with the School Board staff to discuss. the possibility of :having a joint planning retreat. .The motion was adopted unanimously (5-0). Regarding the collection of sales tax by localities and how they ensured that the sales tax would return to a locality regarding businesses located within its boundaries, but which have mailing addresses in a neighboring county or city, Supervisor Bradshaw requested the Director of Budget and Finance investigate when a business is tax exempt and are purchasing goods from someone. else and they do not pay sales tax and at the point of sale they accrue the: sales tax and pay it annually. 9 eoo~ 17.,;_..558 Chairman Claud moved the Board direct staff to provide additional information on the Commission on the Future to determine if it would be practical for the County to utilize such a group in the .area of economic development The motion was adopted unanimously (5-0). The Board also indicated its desire to have afollow-up Board Retreat after completion of the budget process. County .Administrator Caskey noted a town meeting is scheduled for January 10, 1998 from 10:00 a.m. until 12:00 p.m. at the Smithfield High School Auditorium. Supervisor Cofer moved the Board cancel its regularly scheduled meeting of February 5, .1998 in order to accommodate Board members and-staff who wish to attend the 1998 VACoNML Legislative Day. Staff was further directed to publish this announcement.. in the. newspapers. The motion was adopted unanimously (5-0). County Administrator Caskey referenced a discussion between himself and the .Smithfield-Town Manager regarding curbside recycling service by SPSA. Mr. Caskey noted with the annexation of the additional area into the Town boundaries it would be prudent for the Board to authorize SPSA to proceed with the expansion of curbside recycling service. Supervisor Cofer moved the Board authorize the County Administrator to coordinate the expansion of the curbside recycling program with SPSA to include . the areas recently annexed by Smithfield. The motion was adopted unanimously (5-0). County Administrator Caskey notified the Board of a reimbursement. from the Corps of Engineers for the Jones Creek Navigational Project. He noted. the Board previously budgeted in its 1996-97 Capital Budget the sum of $71,200, however, the total cost of the project was only $39,000. The total project cost to the County was $19,971, stated Mr. Caskey. County Administrator Caskey advised the Board of receipt of information : from SPSA providing a review of the solid waste quantities over the past year. He noted documentation is housed in his office for the Board's review, as desired. County .Administrator Caskey noted. he had several matters for executive session later in the meeting. it Chairman Claud called for Old- Business. . An Ordinance to Amend the Subdivision Ordinance of Isle of Wight 10 1 1 r~ 1 '~ • eoah .17 ~~::r55~ County to Require Central Water Supply and Distribution Systems for Subdivisions of Five Lots or More Chairman Claud. noted when the ordinances were.. adopted in .1996 the intention of the Board was to restrict development in the rural agricultural areas, however, it was not the Board's intent. to totally. eliminate development in those areas. Thin ordinance has only been in effect for a year and the Board is not aware of any problems it is causing citizens and to reduce the number to five (5) lots at this point is too restrictive, stated Chairman Claud. County Attorney Crook stated the existing ordinance is. for f Reen (15) lots or more and it was suggested that the number be reduced to five (5) in zoning districts outside of the Development Service Districts. The Planning Commission has recommended that it be required for all lots. in the Development Service Districts and the .existing ordinance be amended to reduce the. number from fifteen (15) lots to five (5) lots in the districts outside the Development Service Districts. The rationale for this is that there will be publicly owned water systems in the Development Service Districts and if the Board does. not require. central. water for residences and businesses then the Board will not have the customers that the County would have for the County water system in those districts. County Attorney Crook suggested ~ if the Board wished to leave the fifteen (15) lot requirement in the rural area then the five (5) lot requirement could stay at fifteen (15) lots and still adopt the ordinance because it does something else. County Attorney Crook requested the Board to table the matter and al-low him to meet with the Director of Planning and Zoning to discuss further changes in the wording of the Ordinance. Supervisor Cofer moved the Board table consideration of the Ordinance until the Board's February 19, 1998 meeting. In the meantime, Mr. Hartley and . the County Attorney are to further discuss the. wording of the proposed Ordinance. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board approve the FY1996-97 audit received at the.December 19, 1997 meeting. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board direct staff to send out proper notices informing residents in the affected area of the E-911 agreementwith the City of Franklin. The motion was :adopted unanimously (5-0). 1 // Chairman Claud called :for New Business. Supervisor Bradshaw informed the-Board that the Board's committee had met this week with the Town of Windsor and presented a recommendation on the boundary line .adjustment. .This recommendation will be presented to the Windsor Town Council and an additional meeting with Town representatives has eoor 17 >~:~~5$0 been scheduled for February 3, 1998 at 3:00 p.m., stated Supervisor Bradshaw. // .Chairman Claud called for Appointments. Supervisor Cofer moved the Board appoint Taylor Carter Williams as the citizen representative and Lawrence Pitt as the Planning Commission representative on the Comprehensive Plan Advisory Committee. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board appoint Phyllis Bloxom as the Planning Commission representative and William White and Elsey White as the citizen representatives on the Comprehensive Plan Advisory Committee. The motion was. adopted unanimously. (5-0). Supervisor Spady moved the Board appoint Dennis Spady as the citizen representative and John Springfield and Martin Jones as the Planning Commission representatives on the Comprehensive Plan Advisory Committee. .The motion was .adopted unanimously (5-0). Supervisor Bradshaw moved .the Board reappoint Charles L. Powell representing the Carrsville District for an additional four-year term on the Historical Architectural. Advisory, Committee which will expire in January of 2002. -The motion was. adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Theodore Hardison representing the Carrsville District for an additional four-year term on .the Transportation Safety Committee which will expire in February of 2002. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Chairman Claud to serve on the Board's Budget and Finance Committee, along with Supervisor Cofer. The motion was adopted unanimously (5-0). // <. .. ,. Mr. Rountree noted the arrival of Frank Sanders, Vice President, AES Engineering to address the Board's concerns. Mr. Sanders spoke regarding the progress remaining on the project. Mr. Sanders stated his staff is currently preparing the easement maps and finalizing the alignment of the. sewer lines to serve Windsor. Currently there are approximately 195 easement maps to prepare of which 100 have been completed. Additional Courthouse research is needed regarding the real estate records. Staff is proceeding with the design of the plans and the target date is February 1, 1998; however, the requirement .for additional information on the easement maps sets 12 1 1 eoeK 17 ,r.. ~fi1 . the target date back. Staff is now revising the schedule to determine what needs to be done to get the job advertised and under construction. The pumping station is not affected by this need for additional information and is still on the February 1, 1998 schedule for completion of plans and specifications. Completion of the pump station is anticipated for the first .part of February,. line #4 will be completed and ready for advertisement during the month of February and lines # 1, #2 and #3 would follow after that. There is a problem with line # l in that there is a railroad crossing which does cause the most concern and may be the slowest in coming. Chairman Claud expressed the entire Board's sentiment that it is concerned: about the schedule. Chairman Claud noted the County is paying. HRSD fees on the trunk line until the distribution system is running. Chairman Claud noted that. it is. obvious that information provided to AES Engineering .was not taken into account by the way the lines .were designed. Chairman Claud stressed that AES staff should provide adequate data to County-officials to enable them to respond to citizen inquiries. Mr. Sanders agreed that information should be made available to County officials and staff and AES staff will endeavor to make this information available. 1 Chairman Claud stated some of the additional expense for the easements may be due to the number of times AES is processing one (1) easement.. Chairman Claud noted he believed after some of the easements were secured,. subsequent engineering drawings came in which indicated the easement was-not needed .there, but in a different location. Chairman Claud stated he is so distressed that he has considered. other alternatives to where the County is with this project and the Board needs some assurance that there will be more . documentation provided, that it will be done more expeditiously and there are not. as many changes occurring so that an image can be projected to County citizens that the Board knows what is happening. s~ Mr. Sanders assured the Board that AES staff will begin tomorrow getting more information to County staff so that they have information to speak with the citizens. Supervisor Bradshaw asked Mr. Sanders what assurances he could provide the Board that this project will move ahead. 1 Mr. Sanders gave the Board his word that these are the scheduled dates that AES staff plans to meet with the final plans for the County. As the final plans. are produced, beginning next week,. AES will forward .these to Mr. Rountree in sections. Chairman Claud requested that the Director of Public Utilities inform the Board should he not receive .information on the project as promised by AES . 13 eooK 17:M~•56 Engineering. Ms. Hams .presented a revised resolution concerning the restoration of Boykin's Tavern to the Board for its consideration. .County Attorney Crook stated the previous resolution noted that the County would pay 17% of the total cost which was incorrect as VDOT is paying the 17% of the total cost. VDOT did have a provision in the agreement that if the County terminated the project the County would reimburse VDOT for all its expenses and then VDOT agreed to change .the agreement to 17% of its expenses. Supervisor Bradshaw moved the Board adopt the following resolution:.. RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM. THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE BOYKIN'S TAVERN RENOVATION AND PRESERVATION PROJECT WHEREAS, in accordance with Commonwealth Transportation Board construction allocation .procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation program may approve an enhancement project. in the County of Isle of Wight. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight requests the Commonwealth Transportation Board to establish a project for the improvement of Boykin's Tavern Renovation Preservation. Project. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Isle of Wight hereby agrees to the Agreement for Development and Administration for the Boykin's Tavern Restoration and Preservation Project by Isle of Wight County.. The motion was adopted unanimously (5-0). // County Attorney Crook requested an executive session under Section 2.1- 344 A7 of the Freedom of Information Act for advice of counsel .concerning potential litigation; under Section 2.1-344 A7 concerning contract negotiations; under Serction 2.1-344 Al concerning personnel matters; and under Section 2.1- 344 A7 concerning legal matters requiring the advice of counsel. Supervisor Spady moved the Board enter executive session for the reasons 1 i .. 1 14 J 1 1 eooa .17 -~:~• ~~3 stated by the County Attorney. The motion was adopted unanimously (S-0). Upon returning to open session, Supervisor .Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF XEC 1TIV . M TIN WHEREAS, the Board of Supervisors has convened an executive 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, 2.1-344. lA of the. Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW,. THEREFORE, BE IT RESOLVED that the Board of Supervisors. hereby certifies that, to the. best. of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business. matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. YS2T~ AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (S-0). Supervisor Cofer moved the Board approve the amount of $1,382 to be paid far compensatory time for a specific County employee. The motion was adopted unanimously (5-0). .Supervisor Spady moved the Board authorize. the County Attorney to communicate to SPSA that the Board unanimously wishes to advise SPSA that it no longer wishes SPSA to consider locating a solid waste facility in the County.. The motion was adopted unanimously (5-0). // 15 1 r .BOOK ~7 >~'~'+JU~ At 9:34 p.m., Supervisor Cofer moved the Board adjourn. The motion was adopted unanimously (5-4). Robert C. Claud, Sr.,.Chairman W. Dou as askey, C r 16