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02-19-1998 Regular Meeting -BOOK 17 ~;;.:~ ,68 REGULAR. MEETING OF THE .ISLE QF WIGHT COUNTY BOARD OF' SUPERVISORS HELD THE NINETEENTH DAY OF FEBRUARY 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 Caskey, County Administrator Donald T. Robertson, Assistant to the . County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Cofer. !f Chairman Claud called for Special Presentations. Chairman Claud noted the presence of the Piland family and presented them with a resolution recognizing their deceased son, Richard Piland. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO POSTHUMOUSLY RECOGNIZE- . RICHARD PILAND AS A GOOD SAMARITAN WHEREAS, Richard "Richie" Piland was alife-long resident of Isle of Wight County; and, WHEREAS, Richie Piland was a conscientiousyoung man with a bright future; WHEREAS, on December 19, 1997, Richie Piland was fatally struck by a vehicle while attempting to assist a stranded motorist on Route 460; and, WHEREAS, Richie Piland is survived by his parents, William and Carol Piland: NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates the efforts of Richie. Piland to be a Good Samaritan to a fellow 1 .. ,. r( sa~K ~~ ~~-~ae,~ citizen. ~1 ~,J 1 The motion was adopted unanimously (5-0). Chairman Claud presented a resolution, as follows, to Constance Rhodes, Executive Director/Chamber of Commerce and Alan Monette on behalfof the Chamber's efforts with the GTE Calling Plan. Mr. Monette stated the Smithfield/Isle of Wight/Windsor Chamber of Commerce, in conjunction with the Towns of Windsor and Smithfield and the- County of Isle of Wight worked cooperatively together over the previous six years for aState-wide plan which benefits all residents. Supervisor Bradby moved the Board adopt the. following resolution.. RESOLUTION TO RECOGNIZE THE ISLE OF WIGHT COUNTY/SMITHFIELD/WINDSOR CHAMBER OF COMMERCE WHEREAS, the County of .Isle of Wight and the Isle of Wight/Smithfield/Windsor Chamber of Commerce were desirous of a toll-free, region-wide telephone calling plan for the businesses and residents of the County; and, WHEREAS, the Telephone Committee of the Chamber of Commerce, chaired by Mr. Alan Monette, worked tirelessly with GTE, the State Corporation Commission and members of the Virginia General Assembly to develop. said telephone calling plan; and, WHEREAS, on January 13, 1998, atoll-free, region-wide telephone calling plan for businesses .and residents was implemented in Isle of .Wight County, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates the contributions of the Isle of Wight County/Smithfield/Windsor Chamber of Commerce in the. development of a toll-free, region-wide calling plan for the businesses and residents of Isle of Wight. The motion was adopted. unanimously (5-0). !/ ..Chairman Claud indicated the following Consent Agenda included Item 2, A through 1, and .asked if there were any items. for removal: A. Preliminary Plat for Carrollton Meadows located on Sugaz Hill Road 2 1 eoeM 17 ~.::~ ~7U (Route 661) in Newport Magisterial District, Newport Election District B. Platof Lots 2A and 2B, property of Brian J. Lally, being a division of Parcel 2 as shown on survey of "Property for S.V. Camp III," Route 602, Longview Drive, Newport Magisterial District C. Delinquent Real Estate Tax Collection Monthly Report (December) D. Delinquent Real Estate Tax Collection Monthly Report (January) E. Continued Meeting Minutes of December 12, 1997 F. Work Session Minutes of December 18, 1997 G. Regular Meeting Minutes of December 18, 1997 H. Regular Meeting Minutes of January 8, 1998 I. Special Meeting Minutes of January 30, 1998 Supervisor Bradshaw brought up the fact that not all Board members were present when the meeting was adjourned on December 12, 1997. County Attorney Crook noted the "(5-0)".should be removed from the minutes. 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. Jonathan W. Hartley, Director of Planning and Zoning, provided the Board with a summary of the January 29, .1998 meeting between County staff and VDOT. Mr. Hartley distributed. notes taken by VDOT staff and .noted quarterly meetings will. be held by staff to address additional. items of concern. Mr. Hartley presented the Board with criteria established by VDOT for the "Pave-In-Place" program. Mr. Hartley noted staff would be evaluating .the unpaved roads in the system to .determine the number of homes and the number of potential lots that could be developed. This information will be provided to the Board at its March meeting noted Mr. Hartley. Supervisor Spady requested staff look at Country Way and Twin Hill Lane for inclusion in the "Pave-In-Place" program. Supervisor Bradby requested the drainage problem be addressed on Bradby ,. 3 Lane. .. eooK 17.~:~571' Chairman Claud requested updated traffic counts on any roads with a 1993 traffic count. Regarding the Primary and Secondary Road Fund (Revenue Sharing Program) Fiscal Year 1998-1999, Mr. Hartley noted the .County previously allocated $500,000 and $229,877 was allocated by VDOT. Supervisor Spady moved the Board authorize budgeting of an amount to be set by the Board up to $500,000 as the County's matching funds for the FY1999 Revenue Sharing Program. The motion was adopted unanimously (5-0). Chairman Claud called for citizens to speak with transportation concerns. Richard CasselUKings Cove Way voiced concerns-with traffic at the Race Trac establishment on Route 17 and requested the. installation of a red light or turning lane from the James River Bridge. MacFarland Neblett, Resident Engineer, VDOT, suggested County staff mention this location at the April Prealloaation Hearing in an effort to obtain highway funding for improvements to the roadway. [1 Supervisor Spady requested Mr. Neblett to obtain and provide the Board with copies of -any accident reports along Route 17. Grace Keen noted safety concerns on the. James River Bridge and requested the Board's assistance regarding emergency turn .around lanes on the bridge, wrecker service at both ends of he bridge and the replacement of toll charges to slow development in the. County. Supervisor Spady noted the bridge sign will advise motorists if there is an accident or a disabled vehicle on the bridge before motorists enter. the bridge. Constance Rhodes, representing the Tormentors Lane Committee, requested Tormentors Lane be taken into the State's Secondary Road system. Nancy Kornhaus noted concerns with broken edges along Oliver Drive and the parking of vehicles along Route 10 at Oliver Drive. C Mr. Neblett advised that the vehicles are parked on private property which.; makes it more difficult to control. VDOT is willing to set a stake or line .and will ask the owners of the vehicles to keep these vehicles behind the line for safety reasons,. offered Mr. Neblett. Chairman Claud suggested staffcontact the land owners to determine if the County can install a sign discouraging the parking of such vehicles and to verify 4 ~~ B~I:K 17 .r "~ •J f:. if a zoning violation exists. Robert Sears requested .Bolling Boulevard be taken into the State's Secondary road system. Chairman Claud called for concerns of Board members. Supervisor Bradshaw requested a speed study on Holly Run Road between Walters Highway and Joyners Bridge Road. Supervisor Bradby noted a concern with the concrete barrier. along Route 10 Bypass at the Cypress Creek development. Mr. Neblett noted that signs will be installed in the near future to identify the. barrier. The barrier is in .accordance with the manual utilized by VDOT to sign and control traffic and he does not anticipate the removal of the barrier until Route 10 is four-laved, stated Mr. Neblett. Chairman Claud requested an inventory of easements along Muddy Cross Road and that staff be contacted by Mr. Neblett to arrange a meeting. Mr. Neblett noted there are 21 remaining property owners who need to donate right-of--way. // Chairman Claud called for Citizens Comments. Darin Stoffer of Shiloh Drive noted his opposition to any .annexation. of land by the Town of Windsor. Mr. Stoffer cited receiving nothing in return for higher taxes as his reasoning for opposition. // Supervisor Bradshaw moved the Board amend the order of the agenda in order to hear Item 2 under the County Administrator's section.. The motion was adopted unanimously- (5-0). Anne F. Seward, Director of Budget and Finance, stated the County's health insurance .plan renews on Marche 1, 1998. Seven issues were reviewed for inclusion in the health plan. The estimate for these modifications represented a reduction of the estimated claims in the amount of $60,000 based on the inclusion of a separate and optional dental plan, vision coverage, co-pay as opposed to a deductible, the addition of two items to the County's prescription coverage and the enhancement of the wellness benefits. Retiree coverage was reviewed with limitations, however, at this time staff did not feel .this was an option given the size and financial status of the Plan. Renewal rates were also 5 1 1 1 ~~ aa~~ 17 -~.: X73 1 reviewed and include a modification to the employee-contribution-which includes an increase to the County's contribution of $6?,000 annually. Ms. Seward stated the Commissionef of the Revenue's request to consider reducing the employee . contribution for single coverage to $0 is not recommended given the associated cost. Sam Rosenthal stated the VHN network provides. employees an opportunity of going outside of the Plan, should they desire. Mr: Rosenthal stated there is also an opportunity to add a voluntary dental program by Gerber Life Insurance Company at no cost. to the County. Mr: Rosenthal stated ]invited vision coverage is also being offered at $.100 over a 24 month period. The .administrative fee from the TPA went up from $9 to $10 and the network cost increased from $3.30 to $3.40. The County remains with the Virginia Health. Network because it does include Riverside Hospital and the Lakeview Medical Center. Supervisor Bradby noted his strong desire for employees, upon retirement, to be able to continue their insurance into retirement. 1 Supervisor Cofer noted government employees are opting to retire at age 55 and he is not confident aself-funded plan can handle this kind of financial burden. Supervisor Bradby requested staff compare the School Board's benefits against what the County is offering. Supervisor Bradshaw commented that if the Constitutional Officers are concerned with how .the benefit .programs are compared with the County, he would ask the Constitutional. Officers to come on board with the County regarding a total compensation package to include the pay and performance system, working. hours, vacation time and hiring practices so that alt employees will be treated equally and have the same benefits. Supervisor Spady moved the Board approve the Agreement and authorize the renewal of services with the current third party administrator and reinsurance carrier at their amended rates. Such increase includes a $1.00 increase per employee for the third party administrator and a $.10 increase per employee for the reinsurance carrier. The motion was adopted unanimously (5-0). Chairman Claud moved the Board approve the amendments to the proposal which allows the employee contribution to remain at $35, as well as all employed rates to remain the same, and the employer's portion would be amended as follows: single coverage only at $195; employee plus child at $220; employee 1 plus spouse at $260 and family- coverage at $255... The motion .was adopted unanimously (5-0). Supervisor Cofer moved the Board approve the modifications to provide services and benefits as outlined in Schedule "D" of the Board report. The. 6 800K 17 •~"`57~ motion was adopted unanimously (5-0). Supervisor Spady moved the Board approve the extended enrollment period for employees to Mazch 31, 1998. The motion was adopted unanimously (5-0). Chairman Claud moved the Boazd adopt the following amended resolution by adding $2,400 so as to cover the additional $5 and $15 increases: RESOLUTION TO APPROPRIATE TWENTY SEVEN THOUSAND FOUR HUNDRED DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR COUNTY HEALTH. INSURANCE BENEFITS WHEREAS,. the Board of Supervisors of the County of Isle of Wight, Virginia has approved the modification of health insurance premiums and employer contributions effective .for the March 1, -1998 Self-funded Health Insurance Plan year; and, WHEREAS, the funds in the amount of twenty seven thousand four hundred dollars ($27,400) need to be appropriated from the unappropriated fund balance of the General Fund of the 1997-98 budget of Isle of Wight County for additional estimated employer contributions for the County's Self-funded Health Insurance Plan. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Boazd of Supervisors of the County of Isle of Wight, Virginia that twenty seven thousand four hundred dollars ($27,400} be appropriated .from the unappropriated fund balance of the General.Fund of the 1997-98 budget of Isle of Wight County for. additional estimated employer contributions for the County's Self-funded Health Insurance Plan. BE IT FURTHER RESOLVED that the County .Administrator of the County -of Isle of Wight,- Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted (4-0). Supervisor Cofer abstained from voting on the matter. // 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). Chairman Claud called for public hearings. .. ., 7 ~. 1 1 1 ~eoeK ~ 1! -_ : ~~5 Supervisor Bradshaw moved the Board hear the following simultaneously: A. Six Year (1999-2004) Secondary Plan B. 1998-1999 Secondary Construction Budget Priority Plan The motion was adopted. unanimously (5-0). Chairman Claud called for persons to speak in favor of or in opposition to -the proposed Plans. Curtis Peterson, Trustee of the Rescue Community League, requested the traffic count in the Rescue area be recalculated..Mr. Peterson stated he would also like for the community of Rescue to be considered as a community and not just another stretch of rural road. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board approve the Six Year (1999-2004) Secondary Plan. The motion was adopted-unanimously (5-0). Supervisor Bradshaw moved the Board approve the 1998-1999 Secondary Construction Budget Priority Plan. The motion was adopted unanimously (5-0). Supervisor Spady noted for the concerned residents in the audience that there will be some temporary improvements on the causeway at the Rescue Bridge. Peggy Goodwyn stated residents of Country Way (Route 671) were informed the road would be paved which has not occurred. Ms. Goodwyn further. noted that when the road is scraped the dirt is left piled up on the sides of the road. Supervisor Spady stated Country Way will. soon be reviewed far inclusion in the Pave-In-Place program. C. Community Development Block Grant (CDBG) Funding Chairman Claud called for residents to speak in favor of or in opposition to the proposed CDBG. Mr. Hartley reminded the Board that the County is involved in a planning grant. for the Jamestown/Camptown community in Franklin. A requirement of the grant is that the County hold two public hearings, stated Mr. Hartley. Mr. Hartley requested Beverly Walkup, Planner, to ask each person inthe..audience to register their name on a sign-in sheet as required by the Virginia Department 8 eaen 1~ .a:~~~~~ of Housing and. Community. Development. Ms. Walkup. also has a handout available for citizens. interested in the project, stated Mr. Hartley. There being no citizens to speak, Chairman. Claud closed the public hearing and called for comments from the Board. Supervisor Bradshaw thanked the staff for their efforts in this project as the County is moving forward towards solving the. water drainage problem which has been occurring for ZS years in the Camptown community. Responding to Supervisor Bradby's inquiry regarding curb and gutter, Ms. . Walkup noted drainage is the main priority. Ms. Walkup stated she is not sure if funding will allow curb and gutter installation. D. The application of Michael B. and .Debbie E. Cawthon for a Conditional Use Permit to locate a mobile home to be occupied by . Elizabeth-Bryant on 2.92 acres of land located at 7485 Peanut Drive in Hardy Magisterial District. Chairman Claud called for citizens to speak in favor of or in opposition to the application. County Attorney Crook addressed the matter stating the Board is in receipt of a report stating no one .appeared in opposition to the Planning Commission's public hearing which was held on January 13, 1998; however, when notice was given for the public hearing for the Board of Supervisors a letter. of opposition was received from John L. Straight, Sr. of Peanut Drive in Windsor who pointed out that there is a deed restriction on the property that stipulates the property is not to be used for more .than one (1) residence.. Ms. Whitley, .Recording Secretary for the .Planning Commission, obtained. a copy of the plat which notates a restriction on the plat that lots can not be subdivided or utilized for more than one occupied .residence. This information was not made known to the Planning Commission as it would not have recommended. approval to the Board. It has been the policy of the Planning Commission and the Board of Supervisors that where there are deed restrictions, then Conditional Use Permits are not granted in contradiction. to those deed restrictions. It is his recommendation that the application either be denied or that it be returned to the.. Planning Commission so that the Planning Commission would have the benefit of this additional information, stated County Attorney Crook. Chairman Claud closed the public Bearing and called for comments from the Board. Supervisor- Cofer moved the Board refer the application back to the Planning Commission to allow the Commission the benefit of reviewing the additional information received from John L. Straight, Sr. concerning a .deed restriction. The motion was adopted unanimously (5-0). 11 1 9 n . ,~ ~'~ ~J _. ao~K ' 1.7 .Y..:~77 E. ,The application of E. Baxter Seward for a change in zoning. classification from RAC, Rural Agricultural Conservation, to C-RR, Conditional Rural Residential, approximately seven. (7) acres of land located on the east side of White Hill Trail (Route 623), .between Mill Swamp Road (Route 621) and the Sunry County Line, in Hardy Magisterial District. The purpose of the application is for one (I) single family dwelling lot. Chairman Claud called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board approve the application, as conditioned. The motion was adopted unanimously (5-0). F. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County to Aliow Extension of Overhead .Utilities Parallel and Adjacent to State Roads and for Lots of Five Acres or More. Chairman Claud called for citizens to speak in favor of or in opposition to the proposed Ordinance. 1 Gene Thresher,, Operations Manager, Community Electric Cooperative, stated the existing ordinance has heavily impacted consumers connecting to its system.. For large lots, it has created very large underground utility bills for builders and by restricting. the number down to five (5) acres it will allow overhead service on larger lots and be a significant cost savings for builders developing on ..large lots. Additionally, by allowing Community Electric Cooperative to relocate lines in subdivisions to parallel adjacent preexisting State roads, it will allow much greater flexibility in working with builders and developers for any subdivisions within the County: Mr. Thresher pointed out there is corresponding language in the Zoning Ordinance which will also need amending in a similar manner before, the proposed Ordinance would .have any effect. i i County Attorney Crook stated the Subdivision Ordinance originally required underground utilities forsubdivisions, however, there was a five (5) acre exception and the question arose for underground utilities for five (5) acre lots which is expensive for the consumer. The Board then changed the amount to ten (10) acre lots, then 20 and 21 acre lots which get more and more expensive for the consumer because they have. to go further from the existing overhead lines. The Planning Commission formed a subcommittee which met with the utility t .providers and recommended that the Board not require underground utilities for lots shat are .greater than five (5) acres and. that underground service not be required in agricultural areas. County Attorney Crook stated he prepared the 10 eooK 17 ~~.:.578 amendment taking into consideration the recommendations of the subcommittee and the utility companies and a Zoning Ordinance amendment will follow-this proposed amendment to the Subdivision Ordinance. Chairman Claud closed the public hearing and called for comments from the Board. Supervisor Cofer moved the-Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE OF ISLE OF WIGHT COUNTY TO ALLOW EXTENSION OF OVERHEAD UTILITIES PARALLEL AND ADJACENT TO STATE ROADS AND FOR LOTS OF FIVE ACRES OF MORE BE IT AND IT IS HEREBY ordained by the Board of Supervisors of Isle of Wight County, Virginia, that .Section 4-7, Underground Utilities, of the Subdivision Ordinance of Isle of Wight County, Virginia, be amended as follows: Amend Section 4-7-2(c) to read as follows: (c) Overhead utilities services existing as of October 29, 1974, may be repaired, replaced or increased in capacity; and relocated parallel and adjacent to pre-existing State roads. -Amend Section 4-7-2(g) to read as follows: (g) Underground utilities will not be required in those areas of the County zoned Rural Agricultural Conservation Districts under the Zoning Ordinance of Isle of Wight County. Amend Section 4-7-2(h) to read as follows:. (h) Underground utilities will not be required in industrial parks which -would be defined as subdivisions. by this ordinance if zoned to an industrial use under the Zoning Ordinance of Isle of Wight County, Virginia. And add the following as Section 4-7-2 as paragraph (i): (i) Overhead utilities. services may be extended within a subdivision where the average. lot size (excluding. the original parcel) is greater than five {S) acres and .may. further be extended in any case where such extension would be parallel and adjacent to public roads existing as of October 29, 1974. Utilities services: along roads not existing as of October 29,1974, and internal to a subdivision where the average lot size (excluding the original parcel). is five (5) acres of less must be underground. Overhead utilities services maybe extended along or across 11 ~i L i fl. eoo~ ~ 1? .::~ X79 other, public -roads as authorized by the County .agent. The motion was adopted unanimously. (5-0). 1 // Supervisor Cofer moved the Board .return to the regular order of the agenda. The motion was adopted unanimously (5-0). // At 7:30 p.m., Supervisor Spady moved.. the Board take a recess. The motion was adopted unanimously (5-0). At 7:40 p.m:, Chairman Claud called for the Community Development report. 1 ~1 Mr. Hartley presented the following for the Board's consideration: A. Exception. to Section 4-4-4-1 of the Isle of Wight County Subdivision Ordinance as it pertains to property being conveyed to Shannon L. Meyers and Jacques M. Meyers V, Route t0, Old Stage Highway, Hardy Magisterial District. .County :Attorney -Crook requested the Board require that the easement be platted and a deed. of easement be recorded for the septic drainfield on the adjacent property so than if the property is sold the new buyer may not be informed about said drainfield. Supervisor Bradby moved the Board approve the exception with the condition-that the Board requires the easement be platted and a deed of easement be recorded for the drainfield, as suggested by the County Attorney. The motion was adopted unanimously (5-0). B. The request of Smithfield Downs, LTD to install a galvanized chain link fence,. six {6) feet in height, along the side property line at 29981 Brewer's Neck Boulevard, in Newport Magisterial. District, which is located.. in the St. Luke's Historic District. County. Attorney Crook noted that because of the close proximity of the townhouses to the golf course, golf balls are striking townhouses. Children from these townhouses are entering the golf course to pick up golf balls and for the safety of the children the fence is needed and to help keep some of the golf balls from entering the residential area. .Supervisor Cofer moved the Board approve the request. The motion was adopted unanimously (5-0). 12 dOOK 1~ ~M.r. J8O Mr. Hartley presented for the Board's consideration a contract for fiscal. impact analysis of the Graymor development. Mr. Hartley noted in order to undertakeltems 6 and 7, an additional $34,750 -would be required at a later date. in time. Supervisor Spady moved the Board approve the contract to complete Tasks 1 through 5 for the amount of $20,600 to be appropriated from the General Contingency Fund. The motion was adopted unanimously (5-0). z Mr. Hartley notified the Board that a forum for high growth juri dictions is scheduled for Friday, June 19, 1998 in Richmond, Virginia. Supervisor Bradshaw requested that travel arrangements be made for interested Board members. Mr. Hartley submitted for the Board's consideration a resolution concerning funding for the Environmental Planner position, additional funding for the Comprehensive Plan and funds for the purchase of a computer to begin an agreement with the regional health district and the .City of Suffolk in monitoring the septic pump. out program. Supervisor Spady noted he is not in favor of any rules and regulations requiring residents to pump out their septic systems every five (5) years. Mr. Hartley stated staff has emphasized to the- Chesapeake Bay Local ' Assistance Department (CBLAD) that any action taken by the County would be educational in nature and that the County is not interested in enforcing the pump :out. program.. CBLAD is suggesting changes to its regulations which includes an alternative to the pump out program, noted Mr. Hartley. Supervisor Bradshaw moved the Board adopt the following resolution: Resolution Authorizing the Submission of a Grant Application to the Chesapeake. Bay Local Assistance Department .WHEREAS the Board of Supervisors of the County of Isle of Wight, Virginia, has authorized the development, submission and receipt of a grant from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department for the Chesapeake Bay. Preservation Act. Program; and WHEREAS the funds in the amount of forty thousand dollars ($40,000) or so much as shall be received from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department needs to be appropriated to the Chesapeake Bay Preservation Act Program line item in the 1998-1999 budget of the County of Isle of Wight. NOW, .THEREFORE, BE IT AND IT IS HEREBY RESOLVED, by the Board of Supervisors that the County of Isle of Wight, Virginia,. that forty 1 13 ~I eoor. 1 i ~. ~53 thousand dollars ($40,000) or so much as shall be received from the Commonwealth of Virginia,. Chesapeake Bay Local Assistance Department be appropriated in the 1998-99 budget of the County of Isle of Wight, Virginia. 1 I~ 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 for this grant and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Iv1r. Hartleynotfied the Board that the Planning Commission was provided an overview of the issues by a subcommittee charged with reviewing the .regulations of the Highway Corridor Overlay District and the Planning Commission concurred with the subcommittee's recommendation for the Highway Corridor Overlay District. Supervisor Bradshaw noted if the County requires an extensive amount of paving in the Highway Corridor Overlay District then it will be detrimental to certain businesses coming into the County which discourages economic development in the Development Service District.. Supervisor Bradshaw stated the definition of buffers,, the management of buffers and how these wily be addressed should be further clarified as to what the County is requesting as this gets into: individual property rights. Each of the service districts should be looked at independently as far as what the County is requiring because what is required. in the northern end of the. County should not. be the same as required in the southern end where there is industry and where the .County is looking for economic development. County Attorney Crook noted a problem with the timbering portion of the . regulations as there is a strong argument that the County will be taking away property because the County is not letting a property owner cut property for a certain width. Chairman Claud suggested that the .Board revisit certain sections and that the matter be referred .back to the Planning Commission. // Chairman Claud called for the Public Utilities report. 1 E. Wayne Rountree, P.E., Director of Public Utilities, requested the Board consider adoption of a resolution which would allow a Southern Development District Water Study. Adoption of the resolution would better place ,the County in a position should an industry desire to locate in this area the County could quickly apply for a groundwater permit to supply water. The firm of Gannetf Fleming is currently under contract with the County for such :water and sewer aooK 17 ~,::.~532 work and a proposed scope of services with them has been .discussed to update their groundwater model. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THIRTY TWO THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE. GENERAL .FUND FOR A STUDY OF POTENTIAL SOURCES OF INDUSTRIAL. WATER FOR THE SOUTHERN DEVELOPMENT SERVICE DISTRICT WHEREAS, the Board of .Supervisors of the County of Isle of Wight, Virginia has authorized a study of potential sources of industrial water for the Southern Development Service District; and WHEREAS, the funds in the amount of thirty two thousand dollars ($32,000) need. to be appropriated from the unappropriated fund balance of the General Fund to the appropriate line item in the 1997-98 Operating Budget for the study of potential sources of industrial water for the Southern Development Service District of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board: of Supervisors of the Caunty of Isle of Wight, Virginia that thirty two thousand dollars ($32,000) be appropriated.. from the unappropriated fund balance of the General Fund to the appropriate line item in 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 to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradshaw further moved the Board approve the letter amendment. from Gannett Fleming. The motion was adopted unanimously (5-0). Mr. Rountree stated the Central Development Service .District Water Extension was a project approved in the County's recent bond issue. The low bid received was submitted by Nash Utilities. in the amount of $358,000. Mr. Rountree requested the Board's authorization that the Chairman be authorized to execute the contracts once they are submitted and reviewed by appropriate staff and the County Attorney. Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THREE HUNDRED SEVENTY FIVE THOUSAND DOLLARS FROM THE UTILITY CONSTRUCTION FUND 15 1 ,{ BOOK ~~ -.~.~SH~ FOR THE CENTRAL DEVELOPMENT SERVICE DISTRICT WATER . EXTENSION PROJECT WHEREAS, the. Board of Supervisors of the County of Isle of Wight, Virginia has approved project funds for the Central Development Service District Water Extension Project; and WHEREAS, the funds in the amount of three hundred seventy five .thousand dollars ($375,000) need to be appropriated from the utility construction fund to the 1997-98 Capital Projects Budget. for the construction of the water main extension for the Central Development .Service District 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 three hundred seventy five thousand dollars ($375,000)- be appropriated.. from the utility construction fund to the 1997-98 Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. 1 1 The motion was adopted unanimously (5-0). Supervisor Bradshaw further moved the Board authorize the Chairman to execute the construction contract on behalf of the County, subject to the County Attorney's approval: The motion was adopted unanimously (5-0). Mr. Rountree stated bids for the Southern Development Service District Sewer Project were received with the low bidder being Qualicom Corporation in the amount of $788,930. Mr. Rountree recommended the contract be awarded in the amount of $788,930 with an $11,000 contingency: Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE EIGHT HUNDRED THOUSAND DOLLARS FROM THE UTILITY CONSTRUCTION- FUND FOR THE SOUTHERN DEVELOPMENT SERVICE DISTRICT SEWER PROJECT WHEREAS, .the Board of Supervisors of the County of Isle of Wight,. Virginia has approved project funds for- the Southern Development Service District Sewer Project; and WHEREAS, the funds in the amount of eight .hundred. thousand dollars ($800,000) need to be appropriated from the utility construction fund. to the 1997-98 Capital Projects Budget for the construction of the Southern 16 e~l~ 17 ~r~t~5;/4 Development Service District Sewer Project in the County of Isle of Wight, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Boazd of Supervisors of the County of Isle of Wight, Virginia. that eight hundred thousand dollars ($800,000) be appropriated from the utility construction fund to the 1997-98 Capital Budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted. unanimously (5-0). Supervisor Bradshaw further moved the Board authorize the Chairman to execute the construction contract on behalf of the County, subject to the County Attorney's approval. The motion was adopted unanimously (5-0). Mr. Rountree stated staff was previously directed to negotiate a contract with Malcolm Pirnie for groundwater monitoring as required as a part of the close out process for the landfill. The contract has been negotiated in the amount of $8,622, stated Mr. Rountree. Supervisor Spady moved the Board approve the contract with Malcolm • Prnie for groundwater monitoring. at the County landfill. The motion was adopted unanimously (5-0). The Director of Public Utilities provided the Board with a status report on the design of the Windsor. Sewer System. Mr. Rountree noted AES has delivered the pump station plans and staff is currently reviewing same. Mr. Rountree stated the pump station portion of the project is anticipated to be bid around March 1, 1998. Also promised by AES is that staff shall receive by the first of March, 1998 the first section of the collection lines for the project. Mr. Rountree noted he is seeing much better progress, as promised by AES. Mr. Rountree. noted the Virginia Revolving Loan Fund has established a pilot program that makes available to local governments low interest loans for solving on-site wastewater treatment and disposal problems. For fiscal years 1997 and 1998,: $1,000,000 per year in funding is available. Mr. Rountree noted staff was approached by the owner of the Clydesdale Mobile Home Park requesting that the County. apply for this loan program for upgrading the Clydesdale Mobile Home Park's wastewater treatment system. Mr. Rountree noted that, if the County is approved for this grant, we would want to be sure of certain liability issues.. Supervisor Bradshaw moved the Board adopt the following resolution and requested the County .Attorney .review the .contractual obligations should the 17 1 .. 1 1 1 1 r ~oe~ 1,7 -:: ~5~35 County enter into any kind of agreement: RESOLUTION OF INTENT TO PARTICIPATE IN VIRGINIA'S ON-SITE WASTEWATER TREATMENT AND. DISPOSAL FUNDING PROGRAM WHEREAS, the Virginia Department of Environmental Quality and the Virginia Resources .Authority are seeking applicants. under a pilot program to initiate a loan fund for the purpose of correcting on-site wastewater treatment and disposal deficiencies; and, WHEREAS, the objective of this funding initiative is to assist property owners with needed- repairs or replacement to-their malfunctioning, failing and/or inadequate on-site: wastewater system; and, WHEREAS, the correction of on-site wastewater treatment and disposal deficiencies benefits thepublic health and safety, as well as the ground and surface water quality in the region; and, WHEREAS, the need for a program for addressing on-site wastewater system repair has been recognized throughout the region. NOW, THEREFORE, BE IT AND IT iS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of -Wight that an application be .submitted to, and the County agrees o participate in Virginia's on-site wastewater .treatment and disposal funding program by developing a loan funding program under the guidelines set forth by the Virginia Department of Environmental Quality and the Virginia Resources.Authority... BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect.. The motion was adopted unanimously (5-0). Supervisor Bradshaw further moved the Board authorize the County to apply for the loan funds. The motion was adopted unanimously (5-0). // Chairman Claud called for the Economic .Development report. County Administrator Casket' submitted a request contained in the agenda from the Director of Economic Development pertaining to a request from the Industrial Development Authority for a joint meeting with the Board of 1 Supervisors to discuss issues related to the acquisition of property for public use. Supervisor Cofer moved the Board direct staff schedule a, work session 18 3 R e.~QK ~.~ ri'•V'JV with the IDA for. the Board's Apri12, 1998 meeting beginning at 12:30 p.m. The motion was adopted unanimously (5-0). // Chairman Claud called for the Parks and Recreation report. Alan S. Nogiec, Director of Parks and Recreation, presented a request from the Youth Basketball Parents Club to accept funds generated by this organization in the amount of $1,254. Supervisor Cofer moved the Board approve the request that the current balance of funds in the amount of $1,254.00 be transferred to the Parents Club's bank account. The motionwas adopted unanimously (5-0). Supervisor Cofer further requested the Director of Budget and Finance prepare a resolution.for the Board's consideration at its March 5, 1998 meeting. Mr. Nogiec stated the Museum Advisory Committee wished to form a Foundation directly affiliated with the Isle of Wight County Museum.. In this regard, payment in the amount of $465 is required by the IRS as a filing fee. Mr. Nogiec- recommended this fee be deducted from the .funds generated from previous donations to the museum which were deposited in the prior Autharity°s General Fund. Supervisor Bradshaw moved the Board approve the Director of Parks and Recreation's request that the filing fee ($465) be deducted from the funds generated from previous- donations. to the museum which were deposited in the prior Authority's General Fund. The motion was: adopted unanimously (5-0). Supervisor Bradshaw further requested the Director of Budget and Finance prepare a resolution for the Board's consideration at its March 5, 1998 meeting. Mr. Nogiec presented an agreement for .the Retired Senior Volunteer Program (RSVP) to provide volunteers at the museum for the Board's consideration. Supervisor Cofer moved the Board authorize the Chairman to execute the Memorandum of Understanding with the Senior Services of .Southeastern Virginia. The motion was adopted unanimously (5-0). Mr. Nogiec stated there are a number of contracts dealt with by the prior Recreation Facilities Authority concerning instructors for different programs and he would recommend the Board authorize the County Administrator or him to sign these contracts after review by the County Attorney as these will be .repetitious and numerous.. 19 K .. ,. 1 1 1 eooK 17 -~; X87 Supervisor Cofer moved the Board authorize the County Administrator to sign program contracts after review by the County Attorney. The motion was adopted unanimously (5-0). Supervisor .Spady noted the Board's desire to have the Fair Committee become an independent operation rather than be run by the Department of Parks and Recreation and the Board of Supervisors. Supervisor Bradshaw moved the Board direct the County Administrator, County Attorney and Director of Parks and. Recreation to prepare short and long- - term plans for operation of the County Fair. // Chairman Claud called for the County Attorney's report. County Attorney Crook presented a Deed of Trust and Note for Proffers for the Lally Subdivision which he has prepared and reviewed,. and recommends that .the Board approve and authorize the Chairman to sign on behalf of the County.. Supervisor Spady moved the Board approve and authorize the Chairman to sign the Deed of Trust and. Note for Proffers for the Lally Subdivision. on behalf of the County. The motion was adopted. unanimously (5-d). Chairman Claud requested the County Attorney prepare the guidelines for the Advisory Committee for Parks and Recreation for the Board's consideration by its March 19, 1998 meeting. // Chairman Claud called for the County Administrator's report. County Administrator Casket' noted he informed the Board previously by correspondence that on February 9, 199.8, in his capacity as .Director of Emergency Services responsive to .the two most recent storm .events which occurred in late January and :early February, he did issue a local emergency declaration on the part of the County. Supervisor Bradshaw moved he Board adopt the following resolution; RESOLUTION TO DECLARE A LOCAL EMERGENCY WHEREAS, due to the recent two winter storms which have occurred since January 27, 1998, heavy rain, wind, and flooding created conditions of extreme peril of property which necessitates the proclamation of the existence of an emergency; and, 20 B~~N 17 ~nn~ eJ~V WHEREAS, Section 44-146.21 of the Code of Virginia provides for the declaration of local emergencies; and, WHEREAS; the Isle of Wight County Board of Supervisors has approved an Emergency Operations Plan. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia does consent to the declaration of a local emergency.. BE IT FURTHER RESOLVED that during the existence of said emergency the powers, functions, and duties of the Director of Emergency Services for the County of Isle of Wight and other local officers and employees having emergency responsibilities shall be those prescribed by the Plan and all applicable State and Federal law; and, BE IT FURTHER RESOLVED that this resolution is effective this date, and shall remain in effect until rescinded by the Board of Supervisors as provided by law. The motion was adopted unanimously (5-0). County Administrator Casket' noted the insurance policy had expired .for the skating rink on February 8, 1998 and he is requesting the Board's authorization for insurance coverage with RSA Insurance Group at an annual cost of $3,762.50. Chairman Claud moved the Board authorize insurance coverage for the Isle of WighVFranklin Skating Rink with RSA Insurance Group at an annual cost of $3,762.50. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FEDERAL AND STATE GRANT FUNDS FOR SCHOOL PROGRAMS. WHEREAS, the School Board of the County of Isle. of Wight has received grant. funds from the United States Department of Education and the Virginia Commission for the Arts; and, . WHEREAS, the funds in the amount of six hundred .thirty-eight thousand nine hundred twenty nine dollars ($638,929) need to be appropriated to the appropriate line item(s) in the 1997-98 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 six hundred 21 ;~ ,. ~i II 1 r s ' eoeK ~ 1 i -;. ;-589 thirty-eight thousand nine hundred twenty. nine dollars ($638,929) be appropriated to the following line items in the 1997-98 budget of the County of Isle of Wight: Federal: Title VI $ 41,979 Drug Free Schools $ 22,479 Title II $ 19,501 Title II-Carl Perkins $ 62,043 Title I $418,782 Goals 2000-1996. $ 29,097 Goals 2000-1997 $0,248 $634,129 ' State: Virginia Commission for the Arts $4,800 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 to 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 APPROPRIATE FOUR HUNDRED NINETY SEVEN THOUSAND FOUR HUNDRED FOUR DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE .ISLE OF WIGHT COUNTY. SCHOOLS .WHEREAS, during the 1996-97 budget year, the Isle of Wight County Schools did not expend all budgeted funds to be received from local sources by four hundred ninety seven thousand four hundred four dollars ($497,404); and, WHEREAS, the. funds in the amount of four hundred ninety seven thousand four hundred four dollars ($497,404) need to be appropriated from the unappropriated fund balance of the General Fund for the. P. D. Pruden Air Condition. Replacement Project and the purchase of eight (8) school buses in the 1997-98 Operating Budget of the County of Isle of Wight. NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by-the Boazd of Supervisors of the County of Isle of Wight, Virginia that four hundred ninety seven thousand four hundred four dollars ($497,404) from the unappropriated fund balance of the General Fund be appropriated to the Isle of Wight County. Schools in the 1997-98 budget of the County of Isle of Wight. for the specific projects identified. 22 BE IT FURTHER RESOLVED .that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the. appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Caskey presented a request from. the Commissioner of the Revenue for additional salary funding for a position within his office. Ms. Seward noted the position in question is filled with two part-time employees and the salary- amounts disbursed over the last seven months are varied. Supervisor Bradshaw noted the funds are really not needed until June and the Board should not take action to appropriate these funds until such time as they may be needed. Supervisor Spady moved the Board authorize the County Administrator to write a letter from the Board stating the Commissioner's expenses have been reviewed and it is anticipated the Commissioner will only need a minimal amount of additional funding and the matter will be revisited in the near future. The motion was. adopted unanimously (5-0). County Administrator Caskey presented a request for a surplus vehicle from Sheriff Phelps to be donated to the Crater Criminal Justice Academy for use as a training vehicle. Supervisor Spady moved the Board approve the. request of the Sheriff to donate a surplus vehicle from the Sheriffs Office to the Academy for use as a training vehicle. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested- staff investigate what other localities may be doing in this regard. County Administrator Caskey presented a request from the Windsor Volunteer Fire Department concerning advance capital "funding. with detail support being provided after the fact to the County reflecting related expenditures, which. is a deviation from standard County procedures. Supervisor Spady moved that the County continue with the Budget and Finance Department's present policy and direct staff to advise the Windsor Volunteer Fire Department that it should work out a payment plan with the County's Director of Budget. and Finance. The motion was adopted unanimously (5-0). Donald T. Robertson, Assistant to the County Administrator/Director of i i 23 .. -~ eo~K .17 :_ ~~~1 1 Human Resources, noted the Data Transmission Network (DTN) Weather Center is a subscription satellite service -which provides access to weather information through the National Weather Service. The subscription for the first year is approximately $1,000 which includes aone-time start-up -fee of .$300, Mr. Robertson noted the Virginia Department of Emergency Services will reimburse the County the. full amount of the annual subscription fee. Mr. Robertson recommended the County initially request the funding from the Virginia Department of Emergency Services and upon receiving these funds,. proceed with subscribing to the. service. Supervisor Cofer moved the Board approve aone-year agreement with Data Transmission Network,. subject to the County Attorney's review. Staff was directed to secure funding from the Department of Emergency Services prior to .initiating the agreement. All information. generated by this service- shall be under the authorization of the County Administrator. The motion was adopted unanimously (5-0). 1 County Administrator. Caskey noted included in the agenda package are suggested dates for a Planning Retreat between the Board of Supervisors and the School Board. Supervisor Cofer moved the Board set March 30, 1998 at 1:00 p.m. in the Social Services Demonstration Room for a joint planning retreat with the School Board members. Board members were requested to forward any items of interest to the County Administrator for incorporation in the agenda. The motion was adopted unanimously (5-0). County Administrator Caskey noted for he Board's discussion that a budget work session is scheduled for March 18, 1998. Supervisor Bradshaw moved the Board. set March 18, .1998: at 2:00 p.m. for the budget work session. The Director of Budget and Finance was requested to confirm a location. The motion was adopted unanimously (5-0}. The County Administrator informed the Board that he would discuss in more detail with the Board the .issue. of the emergency sheltering plan at its .March S, 1998 meeting. County Administrator Caskey noted he had several matters for discussion in executive session later in the meeting. // ..Chairman Claud called for Old Business. An Ordinance to Amend -the Subdivision Ordinance of Isle of :Wight .County to Require Central Water Supply and -Distribution Systems for. 24 ~, ~~~ eooK 17 ~r::, ~~2 Subdivisions of Five Lots or More. (Tabled January 8, 1998) County Attorney Crook stated. in view of the previous comments of the ..Board he and Mr. Hartley would recommendthe Board not adopt the ordinance at this time. Supervisor Spady moved the Board not adopt the Ordinance. The motion was adopted unanimously (5-0). // Chairman Claud called for New Business. Supervisor Bradshaw noted the County Attorney should be receiving an agreement for the purchase of Franklin's water system from the Franklin City Attorney in the near future for his review and the Board's consideration. Supervisor Bradshaw noted an additional meeting concerning Windsor annexation is scheduled for March 31, 1998 to continue discussions. // Chairman Claud called for Appointments. Supervisor Cofer moved the Board reappoint Anne B. Martin representing the Smithfield District on the Commission on Aging for an additional three-year term. Ms. Martin's new term will expire in January of 2001.. The motion was adopted unanimously (5-0), Supervisor Cofer further moved the Board reappoint Ida B. Kerney representing the .Smithfield District on .the Commission on Aging for. an additional three-year term. Ms. Kerney's new term will expire in January of 2001. The motion was adopted unanimously (5-0), Supervisor Cofer moved the Board reappoint Robert Trask representing the Smithfield Police Department. on .the Transportation Safety. Committee for an additional four-year term. Mr. Trask's new term will expire in January. of 2002. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board reappoint Phillip A. Bradshaw to the Social Services Board for an additional four-year term which will expire in February of 2002. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint J. C. Jenkins, Jr. representing the Carrsville District on the Planning Commission for an additional four-year term.. Mr. Jenkins' new term will expire in February of 2002. The motion was adopted unanimously (5-0). 25 T•. 1 1 f M soeK ~:~ ..~:~~f~3 Supervisor Bradshaw moved the Board reappoint R. Rawlston Rhodes representing the Carrsville District on the Wetlands Board for an additional five- year term. Mr. Rhodes' new term will expire in February of 2003. The motion was adopted unanimously (5-0), Supervisor Bradshaw requested Mr. Robertson check with Sandra Freeman to determine if she is interested in continuing to serve on the Southeastern Tidewater Opportunity. Project. Chairman Claud moved the Board appoint Paul Phelps to fill the unexpired term of Lt. Gary Falls on the Transportation Safety Committee. lVir. Phelp's term will expire in December of 1998. The motion was adopted unanimously (5-0). Supervisor. Bradshaw requested- Mr. Robertson. follow-up with Vince Doheny in order that the appointment may be resolved for .the Western Tidewater Community Services Board -Community Opportunities for the Disabled, Inc. // County Attorney Crook requested an executive session under Section 2.1- 344 Al concerning personnel for .employment; under. Section 2.1-344 A7 concerning professional services. and contract negotiations requiring. advice of counsel; under Section 2.1-344 A3 concerning the use of public property for public purposes; and under Section 2.1-344 A7 for. advice of counsel concerning potential litigation. County Administrator Caskey requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act concerning potential contracted services requiring advice of counsel; under Section 2.1-344 A7 conceming advice of counsel on matters of potential litigation; Section 2.1-344 A l concerning two (2) personnel matters; and, under Section 2.1-344 A3 concerning acquisition or use of real property for public purposes. Supervisor Bradshaw requested an executive session under Section 2,1-344. Al of the Freedom of Information Act concerning a personnel matter, Supervisor Spady moved the Board enter executive session for the: reasons stated. The motion was adopted unanimously (5-0). Upon returning to open. session, Supervisor Bradshaw moved the Board adopt the following. resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has- convened an executive meeting 26 eooK 1? -~::~ ~~~ 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.. YS2TE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board. authorize the County Administrator to write to the U.S. Congressional Delegation representing the State of Virginia supporting legislation to change the requirements that fines from pollution cases such as Smithfield Foods go back to the locality that suffered the damages rather than enter the U.S. Treasury. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board authorize staff to employ environmental specialists to conduct an investigation of certain property for environmental hazards, pursuant to the contract for the ,acquisition of said property. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board authorize staff to advertise for public hearing the resolution for the creation of the Western Tidewater Water Authority. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board authorize employment of the consultant to prepare the fiscal impact study regarding the proposed Windsor annexation area. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved .the Board authorize staff to investigate ,. i~ II eae~ 17 r;:~5~ payments under the water agreement for Windsor Woods Subdivision with the Town of Windsor and the County of Isle of Wight: Ifthe payments have not been made pursuant to the Agreement, staff is directed not to issue .any further zoning or building permits until all such fees have been paid to date. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board approve the new Utilities Agreement between the Town of Smithfield and the County of Isle. of Wight pursuant to the Agreement dated December 31', 1997. The motion was adopted unanimously (5- 0). // At 10:30 p.m., Supervisor Bradshaw moved the Board adjourn. The motion was. adapted unanimously (S-0}. Robert C. Claud, Sr., Chairman W. Do gla askey, C rk . 28