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02-18-1999 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE: EIGHTEENTH DAY OF FEBRUARY IN THE YEAR NINETEEN HUNDRED NINETY NINE PRESENT: Malcolm T. Cofer, Vice-Chairman Henry H. Bradly Phillip A. Bradshaw Robert C. Claud, Sr. ABSENT: O. A. Spady, Chairman H. Woodrow Crook, Jr., County Attorney Also Attending: W. Douglas Casket', County Administrator Steven W. Edwards,. Assistant County Attorney Donald T. Robertson, Assistant to the County AdministratorlDirector of Human Resources Carey H. Mills, Recording Secretary In the absence of Chairman Spady, Vice-Chairman Cofer called-the meeting to order at 6:00 p.m. Supervisor Bradshaw delivered the invocation. // Vice-Chairman Cofer indicated the following Consent Agenda included Items 1, A and B, and. asked if there were any items for removal: Delinquent Real. Estate Tax Collection Monthly Report January 21, 1999 Regular Meeting Minutes Supervisor Bradshaw moved the Board adopt all items of the Consent Agenda.. The. motion was adopted (4-0). // Vice-Chairman Cofer called for Transportation Matters. Jonathan W. Hartley, Director of Planning. and Zoning, presented a resolution establishing the recommendations of the Board of Supervisors for the 1999 Commonwealth Transportation Board which includes the Route. 260 Connector at the south end of Route 258 and provides for an extension of the proposed improvements to Route 25.8 southward to Route 5$ (Franklin Bypass). Mr. Hartley noted activity is occurring on the Cypress Creek Connector project and he will continue to advise the Board as the project .progresses, i ~I 1 1 .., eo~K ~ 1~ .;,.:~?~, Supervisor Claud moved the Board adopt the following resolution and that copies be sent to the County's legislative delegation and presented to VDOT on March 25, 1999: RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, FOR THE 1999 COMMONWEALTH TRANSPORTATION BOARD AND VIRGINIA DEPARTMENT OF TRANSPORTATION PREALLOCATION HEARING WHEREAS, the Commonwealth Transportation Board and the Virginia Department of Transportation will conduct a preallocation hearing for interstate, primary, and urban system transportation improvements in the Suf1"olk District on March 25, 1999;-and, WHEREAS, Isle of Wight County, Virginia,. wishes to make specific recommendations for. transportation improvement projects to be contained in the Commonwealth of Virginia's Six-Year Transportation Improvement Program, and 1 WHEREAS,. the most critical corridor in need of improvement is the Route 258 corridor from the Town of Smithfield to Route 58 .Business .and including the proposed Route 260 Connector between Route 58 and Route 258, and WHEREAS, this corridor serves as the primary north-south access to the two major industries in the County, Smithfield Foods, Inc. and-Union Camp Corporation accounting for considerable truck traffic along with the regular traveling public, school buses and farm equipment, and WHEREAS, the proposed Route 260 Connector, as a part of this corridor, is particularly needed due to the recent ban on through truck traflic in the City of Franklin. NOW,THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following corridor, as two projects, is considered the highest transportation improvement priority for the County because of its .potential to address serious vehicle safety problems as well as to provide- significant economic benefits for the movement of goods and services within the County and the Hampton Roads Region: Realignment and the .widening of Route 258 to four-lanes between Route 10-Smithfield Bypass to Route 58, including: a. the construction of the Route 258-Windsor Bypass and its grade-separated crossing at the Norfolk Southern rail line, and 2 b. the construction of the. Cypress. Creek Connector- which provides for the relocation of Route 258 south of the Route 10-Smithfield Bypass, and c. the construction of the Route 260 Connector between Route 58 and Route 58-Business BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following projects are considered to be other important and vitally necessary transportation improvement priorities in the County: 1. Construction of capacity and safety. improvements to Route 10 along with similar improvements within the Counties of Sunry and Prince George including the widening of Route 10-Bypass to four (4) lanes. 2. Construction of dedicated left-turn lanes at the intersection of Route 460 and Routes T-610/T-603 and a continuous center turn lane between this intersection and the eastern corporate limits of the Town of Windsor. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that. the County Administrator is to forward a copy of this resolution to the County's legislative delegation and to the Virginia Department of Transportation for inclusion in the off cial record of the 1999 preallocation hearing and for adoption in the Six-Year Improvement Program for the Commonwealth of Virginia. The motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting. against. Mr. Hartley. provided the Board with additional information on the Pave-In-Place Program, a program intended to provide alternative standards for the design and construction of roads. Mr. Hartley notified the Board of a request from the VDOT .Resident Engineer to identify roads that are of particular interest or concern that the Pave-ln-Place Program may be applied to. Mr. Hartley noted Mr. Neblett has advised that Mr. Charles Resnick will. be .reviewing the roads on the County's Candidate. List. Supervisor Claud directed Mr. I~artley to arrange a meeting with Mr. Resnick and advise the Board when the date is set. Mr. Hartley noted that the VDOT Resident Engineer was in attendance should citizens or Board members have comments for him. Supervisor Claud requested the status of the speed check on Oliver Drive and Longview Drive. 1 ,. 1 1 3 aac,r, ~ 1~ .~~. ~'?3 1 Mr. Hartley advised that although he has not received a formal. written response from the Sheriff, he was advised that radar checks are being. performed at this time. Supervisor Claud requested Mr. Hartley follow-up with the Sheriff s office on the matter. Robert Edwards of Moonlight Road notified the Board that the bank had washed away on a portion of Burwells Bay Road and that the ditches need addressing on the left side of the road heading towards Mill Swamp Road, Mr, Edwards provided locational details: to the Resident Engineer. Supervisor Bradshaw informed the Resident Engineer that the culvert had washed out on the ditch bank and the pavement is caving in on one side of Colosse Road. County Administrator Casket' advised the Board of a concern expressed by William Johnson on Fire Tower Road regarding truck traffic. Mr. Neblett noted he would be meeting next .week with the District Traffic Engineer, VDOT, to review three (3) locations along this portion of roadway. // Vice-Chairman Cofer noted the attendance of Vincent Doheny, Executive Director of the Western Tidewater Community Services Board. He explained that Mr. Doheny .was expected to make a .presentation to the Board at its last meeting, however, he was ill and was not able to be present for that meeting. Mr. Doheny addressed the Board of Supervisors on legislative matters adversely impacting the Western Tidewater Community Services Board. Mr. Doheny stated 3,200 individuals were served -last fiscal year consisting of approximately 7,500 different services in the various programs.. The greatest need is for residential services. Mr. Doheny noted beginning last year the various localities are required to sign a contract and he will be returning to the Board to request its approval of the contract, when revised. // Vice-Chairman Cofer called for Citizens Comments. 1 Martha Kemp requested the Board's assistance in a landlocked property matter on Cock & Bull Lane. Supervisor Cofer requested Mr. Hartley meet .with Ms. Kemp and further investigate the matter and advise the Board and County Attorney accordingly. { 4 804K 10 ~~,~;`~~?4 Robin Land, Longview Acres, addressed the Board on school issues citing disparity of school construction between-the northern and southern portions of the County. // Vice-Chairman Cofer. called for the Community Development report. Mr. Hartley presented a request of Union Camp for an exception to the buffer yard requirements for the wood surge ~ yard for the Board's consideration.. Mr. Hartley stated the Planning Commission recommends approval of the request, but that staff notify the adjoining property owner. Mr. Hartley noted the Board is in receipt of a letter from Lanry Johnson, the son of Ms, McCutchin, the adjoining properly owner, as well as a letter received by staff this morning regarding a request of Mr. Johnson that the matter be postponed until the Board's March meeting. so that he will be able to attend and comment on the request. Mr. Hartley .noted there were no County citizens who spoke in opposition at the Planning Commission. meeting, .however, there were four (4) or five. (5) residents of Suffolk who commented on the request. Assistant County Attorney Edwards noted one of the. letters received on the matter made reference to an attorney being unable to attend the meeting tonight. In this regard, he spoke with this attorney today, who was going to review the matter, but he did not feel that he was in a position to request the Board to defer action on the matter tonight, stated Mr. Edwards. Supervisor Claud moved the Board approve the request. -The motion was adopted as follows: Cofer, Bradby and Claud voting in favor of the motion (3-0); Bradshaw abstaining from voting on the matter. Mr. Hartley presented a request by William H. Riddick, III, attorney for Brian Rowe of Jamestown Building Corporation, for an exception to the Chesapeake Bay Preservation Area Ordinance to allow the construction of a single family dwelling in the required fifty foot (50') Resource Protection Area Buffer. Supervisor Bradshaw moved the Board approve the request. The motion was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion (4-0); none voting against.. Mr. Hartley presented a request by William D. Fax for an exception to the Chesapeake Bay Preservation Area Ordinance to allow the construction of a single family dwelling in the required one hundred foot (100') Resource. Protection Area Buffer. 1 ~I 5 ,., BOOK 10 ~w:;' ~ 7J Supervisor Claud moved the Board .approve the request. The motion. was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion (4-0); none voting against. 1 Mr. Hartle~r presented an overview of the State requirements on the land application of I~Iunicpal and Industrial Sludge in an attempt to inform the -Board on hove extensive and detailed the process is in terms of evaluating the- data. Mr. Hartley noted there is constant scrutiny before a permit is issued and further monitoring takes place .once such .permit is issued. Supervisor Bradby reminded the Board that he requested that an ordinance be drawn up prohibiting that kind of distribution of chemicals. He noted that he hoped the. Board will continue to study .the matter and supply concerned citizens with any materials on the subject, as well as poll the various other areas involved in the distribution of the sludge and how they are handling the matter. Supervisor Claud. moved the Board direct staff to continue with the collection of additional information on how other local governments are handling this matter and to advise the Board accordingly. The motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting against. Robert Edwards, Moonlight Acres, spoke in opposition to any. distribution of sludge in the County, noting .concerns with contaminated water tables and shallow wells. Mr. Hartley stated staff has initiated an RFP for hiring a surveyor to undertake transportation projects in the Rural Addition Program. In this. regard, staff and the County Attorney have reviewed the contracts from both of the firms shortlisted and recommend the firm of Baldwin & Gregg, Ltd., subject to final approval of the contract by the County Attorney. Supervisor Claud moved the Board approve Baldwin & Gregg, Ltd as the surveying contractor of choice, subject to the final approval of the contract by the County Attorney. The .motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting against. // 1 Vice-Chairman Cofer called for the County Administrator's report. Anne F. Seward, Director of Budget and Finance, .presented the County's self-fund health insurance plan. Ms. Seward noted for the Board's consideration is an outline of quotations received for the renewal Ms. Seward noted staff recommends the County maintain its services with 6 eneK 18 ~;,;:;:3?6 National Benefit Plans as the County's Third Party Administrator, maintain its service with the Virginia Health Network as the County's utilization review and PPO access, and maintain services with Shenandoah as the County's reinsurance carrier (Stop Loss). Supervisor Bradshaw moved the Board authorize the renewal of services with VHN, National Benefit .Plans, and Shenandoah Life, _as outlined by staff. The motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting against. Supervisor Bradshaw moved the Board adopt the revised Plan Document prescribing coverage and exclusions for covered employees, as presented by staff. The motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting against. .Supervisor Claud moved the .Board authorize the provision of Dental coverage with Companion Life Insurance Company, if a sufficient number of employees enroll in the program. The motion was adopted as follows: Cofer, Bradby, Bradshaw and. Claud voting in favor of the motion (4-0); none voting against.- Supervisor Claud. moved the Board adopt an Insurance Rate Plan for the March 1, 1999 -February 28, 2000 Plan Year, as recommended by staff. The motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting against. Supervisor Bradshaw moved. the Board extend the Open Enrollment Period to March 15, 1999. The motion was adopted. as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting against. // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (4-0). // Vice-Chairman Cofer called for a public hearing on the following: An Ordinance to Amend Table 16.1.9 of Section 16.1.9 of the Isle of Wight County Code to Add Metered and Unmetered Rates for Camptown Area and to Add Rate for Bulk Rate Meter Serving More Than One Equivalent Dwelling Unit .~ a. 1 7 1 I BONN 18 ~h:`~~~ Assistant County Attorney Edwards stated the proposed Ordinance was previously advertised with an incorrect $30 maximum increase. and the rate is now set correctly at $32. Mr. Edwards noted a handout was received tonight which the Board may need an explanation on. E. Wayne Rountree, P.E., Director of Public Utilities, .noted the proposed Ordinance had previously been incorrectly advertised .and, as' a result, the Board did not hold a public hearing. Mr. Rountree explained that the Board acquired the Camptown water system`last July and there was. not a rate structure in the County's ordinance. The proposed Ordinance sets the rate structure at the bi-monthly minimum rate of $40 plus -$2.00 per thousand gallons for all over 6,000 gallons at a flat rate of $32 per two (2) months. Mr. Rountree referred to a request from one of the County's bulk customers in the southern end of the County desiring a break on their water rate. Vice-Chairman Cofer called for persons to speak in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Vice-Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board adopt the following Ordinance:. u AN ORDINANCE TO AMEND TABLE 16.1.9 OF SECTION 16.1.9 OF THE ISLE OF WIGHT COUNTY CODE TO ADD METERED AND UNMETERED RATES FOR CAMPTOWN AREA AND TO ADD RATE FOR BULK RATE METER SERVING MORE THAN ONE EQUIVALENT DWELLING UNIT WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, adopted an Ordinance providing for rates and regulations. on water usage Chapter 16.1 of the Isle of Wight County Code on November 21, 1996; and, WHEREAS, Table 16.1.9 did not provide an unmetered .rate for the Camptown area of Isle of Wight County, Virginia and further, did not provide where a bulk rate meter is serving more than .one Equivalent Dwelling Unit (EDU) a rate above or irr addition to the EDU charge; and, 1 WHEREAS, the Board of .Supervisors. of Isle of Wight County, Virginia deems it to be in the best interests of the .citizens of Isle of Wight County to amend said Ordinance to provide fora metered and unmetered rates in the Camptown .area of Isle of Wight County and to provide that where a bulk rate meter is serving more than one EDU, the rate shall be in addition to a $10.00 per month per EDU charge with an allowance of 6,000 gallons per two months per EDU. 8 BUSK 10 ~A~''•~?S NOW, THEREFORE, BE IT AND IT IS HEREBY ordained that Table 16.1.9 of Section 16.1.9 of said Ordinance of the Isle of Night County Code be amendedto read as follows: Table 16. i .9 Bi-Monthly Water Usage Charges Meters up to and including'h inch Service Area 1 Rate Step 2 Rate Galling Pointe, Waterford Oaks, Hidden Acres, Smithfield Plaza, Thomas Park, Berms Church Development Metered 532.00 t S1.1S/TG>6TG S40.OOfS2.00/TG>6TG Unmetered S32.00 532.00 Sandy Point Manor, Bethel Heights, Smithfield Heights, C.L. Obrey, Berms Church, Tormentor Creek, Days point, Rushmere, Burwell's Bay Metered 540.00 t 51,15/TG>6TG S40.OOtS2.00/TG>6TG Unmetered 532.00 $32.00 Carisbrook Metered $40.00 t 51.15/TG>6TG $40.OOt$2.00/TG>6TG Unmetered 532.00 $32.00 Carrsville, Zuni Metered $40.00 t S 1.15/TG>6TG 540.OOtS2.00/TG>6TG Unmetered 532.00 532.00 Battery Park Metered 540.00 t 51.15/TG>6TG S40.OOf52.00/TG>6TG Unmetered 532.00 $32.00 Courthouse Metered $40.00 t 51.15/TG>6TG 540.OOt52.00lTC»6TG Unmetered 532.00 $32.00 Unmetered (Courthouse) 5408.66 5408.66 Camptown area Metered $40.00 + $2.OOfI'G>6TG Unmetered $32.00 Meters 1 inch and Larger 1 inch meter 545.00 + S 1.15/TG>6TG 556.00 + $2.0/TG>6TG 1-1/2 inch meter 550.00 + 51.15/TG>bTG 563.00 + $2.0/TG>6TG 2 inch meter $69.00 + S 1.15lTG>6TG 586.00 + $2.0/TG>6TG Larger than 2 inch to be determined by the County to be determined by the County Where a bulk rate meter in nerving more than one EDU, the rate shall be as noted above is addition to a 510.00 per month per EDU charge with an allowance of 6,000 gallons per two months per EDU. Notes: 1)TG: Thousand gallons, or portion thereof 2)>: In excess of 3) Unmetered customers, when they become metered, will pay metered charges in effect of the time for their location or meter size 1 9 t BOCK 10 -~~: ~~J 4) Step,1 rates will become effectivefor all. bills rendered after January 1, 199?. Step Z rates will become effective for all bills rendered after January 1, 1998. The motion. was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion (4-0); none voting against. Vice-Chairman Cofer called for a public hearing on the following aPPlicatioa: The application of W. C. and Gayle Sawyer, owner, for a change in zoning classification from RAC, Rural Agricultural Conservation, ~to C-SR, Conditional Suburban Residential. The site. is approximately 27.256 acres of land located on the north side of Brewers Neck. Boulevard (Route 258/32) between Norsworthy Drive (Route b70) and Carver Drive (Route 1930) in Newport Magisterial District.. The purpose of the application is to create a residential subdivision of no more than fifty (50) :residential lots. Vice-Chairman Cofer noted the applicant is requesting that- the application be returned to the Planning Commission for further work. Vice-Chairman Cofer called for persons to speak in favor of or in opposition to the proposed application. Fran Everson, 610 Maury Avenue, Norfolk, adjoining land owner, spoke regarding the .potential for problems with drainage into the lake on her property and the density requested. Christine Dunham, Arabian Trail, spoke against the application expressing her concern with the addition of any new homes in this area. Ms. Dunham stated the School .Board is currently proposing the relocation of the existing children in this area and this rezoning will allow for potentially fifty (50) additional children. Ms. Dunham requested the Board hold off on acting on the application or approving any additional homes in the northern end of .the County until the School Board makes a final decision on what it intends to doff Dan Everson, adjoining property owner, spoke against the application citing inadequate drainage. He noted the proposed housing density is also not in keeping with the neighborhood. Peyton Nottingham, 2]368 Reynolds Drive, spoke in opposition noting there should not be any further growth. approved in this area as the recently approved Eagle Harbor Development Is large enough. Thomas Fenderson, Sugar Hill Road, expressed safety concerns with respect to fires, improper drainage, wildlife and inadequate proffers. 10 80@K 18 x;,:"•,,30 Robin Land, ~.,ongview .Acres, stated she is currently fighting to keep her children at Carrollton Elementary School and the location of the proposed school will either have to be Carrollton or the proposed Eagle Harbor School which will not be built unti12003. Vice-Chairman. Cofer closed the public hearing and called for comments from the Board... Vice-Chairman Cofer again stated. the agent for K the applicants is requesting that the application be returned to the Planning Commission for further consideration. Supervisor Claud moved the Board return the application to the Planning Commission for further study. The motion was adopted as follows: Cofer, Bradby, Claud .and Bradshaw voting in favor of the motion (4-0); none voting against. // Supervisor Bradby moved the Board return to the regular order of the agenda. The motion was adopted unanimously (4-0). Vice-Chairman Cofer called for the continuation of the County Administrator's report. County Administrator Caskey presented a request from Dr. Jane T. York, School Superintendent, to withdraw the School Board's request for the balance of school construction funds to be appropriated for the Windsor Middle School construction project from consideration by the Board at this time. Supervisor Bradby moved the Board. accept the request of the School Board to withdraw this item from the agenda. The motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting against. .Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, briefed the Board on the status of the Fire and Rescue Study. Mr. Robertson distributed to the Board a compilation of feedback from the Association's previous meeting regarding the Study. Mr. Robertson requested Board members intending to provide written comments to provide same to him by February 26~`. Supervisor Bradshaw moved the Board direct. County staff to invite the consultant to attend the Board's March 4, 1999 meeting. The motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0); none voting against. On the subject of fire and rescue, Vice-Chairman Cofer moved the Board approve the Fire and Rescue Capital Budget for the 1998-99 fiscal i i 1 11 1', BOCK ~O %~.;~' ~~•_)1 year as presented at the public hearing. The motion was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion (4-Q); none voting against. County Administrator Casket' noted, at the Board's direction, a Committee has been formed to review ongoing problems with the County's emergency communications. Mr. Casket' stated the Committee is recommending the County .proceed with soliciting vendors to propose and implement a solution to the communications problems. Supervisor Bradshaw moved the Board authorize County staff 'to solicit vendors to propose and implement an engineered solution to the noted communications problems. The Board further directed that the County Administrator reconvene the ad floc committee to review those proposals received and make a recommendation to the Board for furtherconsideration and action. The motion was adopted as follows: Cofer, .Bradby, Claud and Bradshaw voting in favor of the motion (4-0); none voting against. County Administrator Casket' presented a request from the Twin Ponds Mobile Home Village for curbside recycling for the Board's consideration. 1 Supervisor Claud moved the Board approve the request to include Twin Ponds Mobile Home Village in the County's curbside recycling program. The motion was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion (4-0); none voting against. Resolution to Accept and Appropriate $1,875 From the Commonwealth of Virginia, Department of Agriculture and Consumer Services. Supervisor Bradshaw moved the Board adopt the following resolution and authorize the County Administrator to execute the agreement: RESOLUTION TO ACCEPT AND APPROPRIATE ONE THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 1 WHEREAS,.the County of Isle of Wight, Virginia has received a grant from the Commonwealth of Virginia Department of Agriculture and Consumer Services for continuation of the Pesticide Container Recycling Program; and, WHEREAS, the funds in the amount of one thousand eight. hundred seventy five dollars ($1875} from the Commonwealth: of Virginia need to be appropriated to the Pesticide Container Recycling Program line item in the FY1998-99 budget of the County of Isle of Wight. 12 . u BOCK ~8 ~a:`~.3•,? NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one thousand eight hundred seventy five dollars ($1875) or as much as shall be received from the Commonwealth of Virginia Department of Agriculture and Consumer Services be appropriated to the Pesticide Container Recycling Program line item in the FY1998-99 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 for this grant and to do all things. . necessary to give this resolution effect. The motion was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion (4-0); none voting against. County Administrator Caskey presented a request from the Sheriff s Department to donate a MP40 submachine gun to the Virginia War Museum in Newport News. Supervisor Cofer moved the Board declare the weapon surplus equipment and authorize its donation to the Virginia War Museum. The motion was adopted as follows: Cofer, Bradby,. Claud and Bradshaw voting in favor of the motion (4-0); none voting against. Ms. Seward notified the Board that the total sales results for .County surplus property were $44,121, exclusive of advertisement costs and the auctioneer seller's fee. Ms. Seward provided the Board with a listing of items sold. County Administrator .Caskey distributed a letter dated February 18, 1999 addressed to the Board referencing a concern expressed by John Zukosky, Isle of Wight Citizens Association. Mr. Casket' noted he would be contacting the Board members to get their individual input on the matter. // // Vice-Chairman Cofer called for Old Business. There was no old business offered for discussion by the Board. Vice-Chairman Cofer called for New Business. 1 rt ~ 1 1 13 ~~~,K ~ 1~ .;::.333 Supervisor Bradby noted he received a request from Mr. and Mrs. Joyner requesting tax exemption for erosion conditions at their property at Morgans Beach. Mr. Hartley noted he had referred the matter on to the Commissioner of Revenue and he had received a package from the Department of Conservation and Recreation . He stated he will report back: to the Board at its March 4, 1999 meeting on what other- localities are doing in regard to such tax .exemptions. Michael Uzzell requested the Board allow him to remove scrap metal from various dumpster sites. Supervisor Cofer moved the Board direct the County Attorney to review the request. The motion was adopted as follows: Cofer, Bradby, Claud .and Bradshaw voting in favor of the motion (4-0); none voting against. County Administrator Caskey noted his office had received this date from William H. Riddick, III, representing the W. J. Edwards estate, a Deed of Bargain and Sale for the Board's. consideration. The property consists of 269 acres for purchase by the Board of Supervisors in the Windsor .area. ~1 ~~ Supervisor Claud moved the Board purchase the property, approve the Deed of Sale far the property identified as the Edwards Estate for the potential use as a Central County Park and authorize the Chairman to sign the Deed upon proper certification by the County Attorney. The motion was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion (4-0); none voting against. // Vice-Chairman Cofer called for Appointments. Supervisor Bradshaw directed staff to contact Alan Nogiec and request his recommendation on Fair Committee members. // 1 County Administrator Caskey requested an executive session- under Section 2.1-344 A7 of the Freedom of Information Act concerning a contractual matter requiring advice of counsel and under Section 2.1-344 A l concerning a personnel matter. Assistant County Attorney Edwards requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act concerning • legal matters involving advice of counsel. 14 w B04K 10 ~;+~?"•3L~~ Supervisor .Cofer requested an executive session, under .Section 2.1- 344 A 1 of the Freedom of Information Act concerning a personnel matter. Supervisor Cofer moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (4-0). Upon returning to open session, Vice Chairman Cofer moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING 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, 2.1-344.1 A 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. VOTE AYES: Cofer, Bradby, Bradshaw and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Spady The motion was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion (4-0); none voting against. Supervisor Bradshaw moved the Board direct staff to create a policy for distribution to Constitutional Ofricers dealing with County funded positions and the need to communicate salary issues related thereto. The motion was adopted as follows: Cofer, Bradby, Bradshaw and Claud voting in favor of the motion; none voting against. Supervisor Claud moved .the Board approve the change in salary -for the position discussed until June 30, 1999 and that at budget time, same will 1 1 15 .: eo~x 18 ~~:.~~`3 be readjusted. The motion was adopted as follows: Cofer, Bradby, Claud and Bradshaw voting in favor of the motion. (4-0); none voting against. // At 8:20 p.m., Supervisor Bradshaw moved the Board adjourn. The motion was adopted unanimously (4-0). O. A. Sp , Chairm W. Dou as askey, Cle 16