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01-15-2004 Regular MeetingBoor. 22 ~as~158. REGULAR MEETING OF THE ISLE 4F WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Thomas J. Wright, III Richard K. MacManus Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator .Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman. Clark called the meeting to order at 6:00 p.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. /i Chairman Clark called for approval of the agenda. County Attorney Stroman requested an Item {E) concerning Boykin's Tavern and an Item (F) concerning the Treasurer's .Turn Over Audit be added to Old Business; that a matter pertaining to the meeting with Congressman Forbes be added under New Business; that the Closed Meeting be moved to # 12 on the agenda and that.. # 11 be changed to Appointments; that .two {2) matters concerning discussion. of a prospective business or industry or the expansion of an existing business under Section 2.2-371 l .A.S of the Code of Virginia be added to the Closed Meeting. Supervisor MacManus moved the Board approve the Agenda, as amended. The motion was adopted by a vote of (5-Q) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion.. // Chairman Clark called for Special Presentations. ,---~ i I .__J 1 1 eooK 2' ~a~~159 Theodore Hardison presented the Chairman with a gift from the Commissioner of Revenue on his appointment as Chairman of the Board. Mr. Hardison, on behalf of the Commissioner of the Agriculture and Consumer Services Board, updated the Board on the following major issues: Adult Pine Shoot Beetle: He noted because of this particular. beetle, which attacks pine trees, Clark County has been quarantined from shipping timber. He noted there is concern that the beetle could spread further into Virginia, as well as into the Carolinas. Small Goat .and Cheese Producers. He noted the issue of the same regulations being placed on small goat and cheese producers as .major dairy industries is now the subject of legislation, and it will be up to the legislators and the Governor to decide if it will become effective January, 2004. Assessment of Chicken Houses: He noted that upon the completion of the reassessment of real property, he may be making a recommendation, if necessary. Mr. Hardison invited the Board to attend a meeting sponsored by the Extension Office on February 2, 2004 at 6:00 p.m. in the Social Services Demonstration Room. He noted that the Commissioner of Agriculture is scheduled to speak. // Chairman Clark indicated the Consent Agenda included the following items: A. Resolution to Accept and Appropriate $2,000 in Donations from the Camp Foundation B. Resolution to Accept and Appropriate $17,000 from the Public .School Division for the School Resource Office. Grant. Program C. Resolution of Oi~icial Intent to Reimburse Expenditures with Proceeds of a Borrowing D. All-Hazards Mitigation Plan Grant Opportunity E. DEQ/Public Notices for December 16, 2003 and January S, 2004 F. Actions of the Isle of Wight County Planning Commission Meeting of December 9, 2003 2 BOOK ~~ PA"160 G. Delinquent Real Estate Tax Collection Monthly Report H. December 18, 2003 Continued Meeting Minutes I. December 18, 2003 Regular Meeting Minutes Chairman Clark asked if there were any items for removal. Supervisor Bradshaw moved the Board adopt the Consent Agenda, as presented. The .motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. /I Chairman Clark called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, noted included in the agenda is the annual notification of available Revenue Sharing funds for fiscal year 2004-05. He noted he must respond to VDOT by March 3Q 2004 on the County's local match amount. He requested the Board's direction on which projects they wish to apply the funds. He reported that the County places funds for the Revenue Sharing program in an interest bearing account, of which there is $84,000 in interest, above and beyond commitments by the County. Supervisor. Wright requested that Poor House Road be regraded. Mac Neblett, VDOT Resident Engineer, offered to speak with the VDOT Maintenance Supervisor of that area and request that Poor House Road be regraded. He noted that such work should be complete within the next couple ofweeks. Supervisor MacManus moved to endorse the Board's intent to participate in the Revenue Sharing Program at a local match of $500,000 and direct staff to coordinate .with VDOT on establishing a preliminary priority list, to include the interests of the Town of Windsor. In the following months, staff is to provide. recommendations for funding sources and project priorities.. The motion was adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Wright and. Clark voting in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley stated with respect to the Supplemental Revenue Sharing Program for FY2003-04, he is unsure if the County is eligible to participate as the County originally made a $500,000 commitment, but only contributed $250,OQ0. He requested the Board table this matter until he could meet with the Director of Budget and Finance. 1 3 T. 8008 ~~ Fl~nrlVi 1 Supervisor Bradshaw moved that the Board table consideration of the matter until the Board's February 5, 2004 meeting to allow Mr. Hartley an opportunity to further discuss funding with the Director of Budget and Finance. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley stated the draft Six-Year Plan for Secondary Roads was included in the Board's agenda and additional information was forwarded. under separate cover regarding the draft Construction Budget Priority Plan. Supervisor Bradshaw confirmed that Blue Ridge Trail is already funded under the Rural Rustic Road Program. Mr. Neblett stated construction should begin on Blue Ridge Trail and Maple Lane in March, 2004. Supervisor Bradshaw inquired about the status of Sandy Ridge Trail. Mr. Neblett confirmed that construction should begin in March, 2004. Supervisor Bradshaw inquired.about the status of Duck Town. Road. '~ Mr. Neblett stated Duck Town Road .would go to bid for contractor in July, 2004 with construction beginning in late summer. Supervisor Bradshaw inquired about the status of Campbells Chapel Drive. Mr. Hartley noted that Campbells Chapel Drive does not qualify under the Rural Rustic Road Program. Mr. Neblett replied that .there is an anticipated advertisement date of October, 2005. Mr. Hartley stated it is not a question of whether it will be done, but rather how much it will cost and under what program the improvements can be made. Supervisor Bradshaw confirmed if the County takes the $500,000 Revenue Sharing funds allocated tonight and adds to it the existing $238,030 allocated for unpaved roads in FY04-O5, then Campbells Chapel Road and Whispering Pines 'Trail should be able to be addressed in FY04- O5. Sandon Rogers, VDOT Contract Administrator, confirmed that the Board. could expedite these two (2) roads in FY04-OS if it chooses. Supervisor Bradshaw stated if VDOT would establish time tables and commit to certain projects, then the Board would come. up with the necessary funding. 4 eooK 22 ~ACs162 Mr. Rogers requested the Board providehim with a directive. of what roads to address and he would provide Mr. Hartley with a more definitive schedule. Supervisor Bradshaw noted that the County should be able to have in the Six-Year Plan, unpaved roads, all six (6) of the roads listed completed by the end of FY05-06, if the Board applies the Revenue Sharing, based on the secondary funds. Supervisor Bradshaw directed Mr. Hartley to proceed with the necessary paperwork (resolutions) for presentation to the Board. Supervisor Bradshaw reiterated his request to the VDOT Resident Engineer for a financial spreadsheet illustrating what the County has spent to date on certain projects. Supervisor Bradshaw moved .the Board direct staff to advertise the Six-Year Plan and Construction Budget as presented .for public hearing on February 19, 2004. The motion was adapted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Mr. Hartley stated pursuant to Board action, included in the agenda is a map and listing of roads in the County that routinely experience flooding. Supervisor MacManus moved .that staff request .from VDOT a Corrective Action Plan for the identified listing of roads for presentation to the Board at its February 19, 2004 meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the ~ motion. Supervisor MacManus inquired about the status of the traflac light at Nike Park Road and Battery Park Road. Mr. Neblett advised that the traffic light is currently under construction and should be operational within the next fourteen (14) to thirty (30) days. ,Supervisor MacManus inquired about the status of the Rescue Bridge project. Mr. Neblett advised that he anticipates the project to be complete in March, 2004. F Grace Keen reiterated her previous request for a turn around. emergency exit on the. James River Bridge. 5 1 U~OR ~N~ ~p~ri.~V Supervisor MacManus noted that when the Board previously approached VDOT about an emergency exit on the bridge, VDOT advised that it would be cost prohibitive and that it would also require an agreement with the City of Newport News. Supervisor Bradshaw encouraged Mrs. Keen to involve citizens in the City of Newport News and that she speak to the Commonwealth Transportation Board. Supervisor Bradshaw moved that staff review what has happened ~to date on this request, that the Board be brought up-to-date on this request, and that staff request the VDOT Resident Engineer to investigate the possibility of utilizing safety funds provided through the Federal Transportation Administration. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Mrs. Keen requested that VDOT provide a status update on the two (2) left-hand turn lanes at Benns Church Boulevard. Mr. Neblett stated VDOT is considering the installation of an acceleration lane for traffic traveling from the City of Suffolk and making a right onto Route 258 headed towards Route 17, which would then allow a dual turn lane coming from the Town of Smithfield onto Route. 258Brewers Neck. He stated .the matter is still under study with the VDOT Traffic Engineers. Chairman Clark requested that Mr. Neblett continue to provide updates on this issue to the Board. Pat Clark reported that white lines have been painted along both sides of Titus Creek Road. // Chairman Clark called for Citizen's Comments. Albert Burckard provided comments on the January 8, 2004 Position Statement of the Director of Parks and Recreation with respect to historic district designation for Carrollton Nike Park. He clarif ed that the removal of the structures located within the boundaries of the designated district would not be a problem for the property owner. He encouraged the Board to hold the .public hearing the .Board promised to hold several months ago when it considered the .Preliminary. Information Form. He stated he is currently developing a formal application to obtain historic district designation which he intends to bring back to the Board in March, 2004, at which time the Board can schedule the public hearing. He stated he is also currently working with private property owners adjacent to Carrollton Nike 6 801( ~~ ~A"'~6'# Park in an effort to convince them to be part of the historic district designation. Grace Keen acknowledged her appreciation to Gary Hermann and Donald Long for their efl:orts in renovating the bathroom at the Nike Park. facility. Herb DeGroft expressed concern with the School Board budget.. He expressed support for a four (4) day school week and noted that he has invited the Superintendent of Schools to participate in a teleconference with the Assistant Commissioner of Education in Colorado, where such a school week has been implemented. He invited two (2) of the Board members to attend the teleconference tentatively scheduled for January 17`s or 18`x. He advised that Dr. Boyce of Paul D. Camp Community College has agreed to facilitate the proposed conference, and that he would be advising the County Administrator's office when the date and time for the teleconference is finalized. // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the regular order of the agenda in order to conduct the public hearings. .The motion was adopted unanimously (5-0). County Attorney Stroman stated with respect to the application of Ernest W. Goodrich and C. L. Goodrich for a change in zoning classification from RAC to Conditional Rural Residential of approximately 1600 acres of land located -off the north side of Tyler's Beach Road .(Route 686) and off the north side of Fort Huger Drive (Route 676) in the Hardy Election District, the Board made a motion at its January 8, 2004 meeting to reschedule the public hearing originally set for January 15, 2004 to February 19, 2004, and that the County pay the cost of re-advertisement. Chairman Clark called for a public .hearing on the following: A. The application of Tidewater Brandermill Associates and Newhall Construction for an exception to the Chesapeake Bay Preservation Area Ordinance Section 5002 c (2). Specifically to allow encroachment of ten (10) feet into the one hundred (100) foot Resource Protection Area Buffer for the construction of a single-family residence.. The property, containing .69 acre of land, is known aslot 7 James Landing of Gatling Pointe, in the Smithfield Election District. Mr. Hartley stated staff has provided the Board with additional .information, to include a listing of the surrounding properties, the address and year the structure was built,. tax parcel number, number of stories of the 1 7 BUl'R ~~ ~~A~'r165 structure, enclosed living space, porches and garages. He stated the attached map contains the corresponding homes and illustrates the 50 foot and 100 foot RPA. Chairman Clark called for persons. to speak in favor of, or in opposition to, the proposed application. Attorney William Riddick stated the lot was platted prior to 1989 before the Chesapeake Bay Preservation Area Ordinance was adopted. He noted that the Board has approved numerous exceptions to permit construction between the fifty (50) foot and one hundred (100) foot RPA. He stated the Planning Commission .has suggested that the matter be reviewed further due to opposition expressed by local property owners. He requested that at the conclusion of the public hearing tonight that the Board either defer action or send the application back to the Planning Commission. Carl Bachman of 204 James Landing Circle, lot 10, adjacent to the proposed property, .stated it is a concern .among .the entire community of Gatling Pointe that we should abide by the rules that have been set. He noted that a previous site plan that he reviewed did- not adequately address the degree of the slope on this lot. He stated any building constructed on this property would have an adverse impact on the ,environment, the community and the neighborhood: He stated the flood plain on previous surveys did not address haw high the water rose during Hurricane Isabel. He requested that the Board make a physical inspection before any decision is made. Jack Currence, 202 James Landing Circle, urged the Board to go see the site and consider whether they would want this house built on their lot. Flo Minutes of 101 South James Landing Court, .adjacent property owner, stated she purchased her lot eleven (11; years ago and was .told at that time that the lot under discussion was not marketable .and it was being used as an environmental wildlife area. She stated she has paid to maintain that area and she invited the Board to look at the lot. Chairman Clark closed the public hearing and called for comments from the Board. County Attorney Stroman inquired from Attorney Riddick if the applicant anticipates making a material change to the application and then requesting the Planning Commission to reconsider. it. Attorney Riddick stated he passed on the comments and suggestions made by the Planning Commission to his clients that possibly something can be done to the proposal so that they could comply to a greater degree. than what they have done so far, and the question is whether there can be a house built on this lot with or without an exception. He stated to maintain the 8 BOnK ~2+ FbGf~6U . standards of the existing neighborhood, it should be a homethat is similar to those in the neighborhood. Supervisor MacManus .inquired what is the undue hardship of having a house that would meet the design. requirements by eliminating an approximately 100 square foot area that is overlapping into the RPA. Attorney Riddick explained that the one hundred (100) foot line cuts into the lot at an angle. Supervisor MacManus stated he does not .see that it is an undue hardship to say that some other type of design would have to be required. .County Attorney Stroman inquired if Attorney Riddick wished to table this application, allow the necessary work to be done and then communicate -with Mr. Hartley as to what his client wishes to do. Attorney Riddick stated that he really did not have a preference. He stated his client only needed additional time for Mr. Davis, a surveyor/engineer and Chairman of the Chesapeake Bay Local Assistance Board, to make his recommendations. County Attorney Stroman recommended that. the Board table the matter,. ,allow Mr. Davis to make his recommendations and allow the applicant an opportunity to advise the Director of Planning and Zoning of those accordingly. Supervisor Bradby .noted that he did intend to visit the site. Supervisor MacManus stated he wanted the applicant to know that he did not see any•undue hardship at this time. Supervisor Bradshaw stated that he also did not see any undue hardship at this time. He stated that the letter from CBLAD provided positive comments, and if he had not been aware of the lot and had he not' had the same concerns as Supervisor MacManus, he would have. favored. approving the exception. Mr. Hartley stated one of the citizens at the Planning Commission's public hearing pointed. out that while CBLAD wrote the letter, no one from CBLAD had seen the site. Supervisor Bradshaw stated that it may be appropriate in the future that staff send pictures of proposed sites to CBLAD. Mr. Hartley offered to contact representatives of CBLAD and obtain • their comments on their recommendation. . 9 i 1 1 gr~nr 22 ~~~'~'~~~ i .'. County Attorney Strornan requested that the Secretary of the Planning Commission go back and review the tape and .include in the minutes the detailed discussion among the Planning Commissioners concerning whether or not this application complied to the maximum extent possible. Supervisor Bradshaw moved the Board table the application of Tidewater Brandermill .Associates and Newhall Construction until the Board's March 18, 2004 meeting; that Attorney Riddick notify the citizens who spoke tonight in writing of the new date; and direct staff to request a representative from CBLAD appear at that meeting to explain to the Board why favorable comments were sent on this application. The motion. was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Director of Planning and Zoning provide any information that will be considered by the .Board at its March 18, 2004 meeting regarding the application and that one (1) of the citizens present tonight come forward and offer to be a contact person. The motion was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of .the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: B. The application of Keith M. Miller for a Conditional Use Permit to occupy a single wide mobile home while constructing. a permanent residence on approximately 31 acres of land, located on the east side of Courthouse Highway at 13561 Courthouse Highway, in the Hardy Election District. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. Keith M. Miller, the applicant, requested the Board approve his Conditional Use Permit. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor MacManus moved the Board. approve the application of Keith M. Miller, as conditioned by the Planning Commission. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. . Chairman Clark called fora public hearing on the following: 10 BOOK ~~ PAG!1Vt7 C. The applicationof Jean C. Fontenot and Richard L. Sutton for an amendment to the Comprehensive Land Use Plan to change the Land Use Designation of approximately 1.96 acres of land from Suburban Estate. to Business and Employment Growth. The property is known as lot 1 .Smith Subdivision, 15636 Carrollton Blvd., Carrollton,. in the Newport Election District. Chairman Clark called for persons to speak in' favor of, or in opposition to, the proposed application. William Riddick, Attorney representing the applicants, Jean C. Fontenot and Richard L. Sutton, .stated if the rezoning is successful, Mr. Sutton intends to be innovative in his design for office spaces. He stated his application would include a list of proposed uses for the Board's approval. Patrick J. Small, Director of Economic Development, stated he is in favor of the application and noted that it is unfortunate that the County does not yet have these off ce park settings. He stated others have done this type of development in that corridor and he encouraged the Board to approve it. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor MacManus moved the Board approve the application of Jean C. Fontenot and Richard L. Sutton, as submitted. The motion was adopted by a .vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. // Supervisor MacManus moved that the Board return to the regular order. of the agenda. The motion was adopted unanimously (5-0). // Chairman Clark called for the County Attorney's report. County Attorney Stroman presented the. Beautification Committee By- laws noting amendments to Article II, Mission Statement Objective and Article IV, Election of Officers. He .recommended that the Board authorize the Chairman to execute the Bylaws. Supervisor Wright moved the Board adopt the Beautification Committee By-laws.. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. 1 I 1 11 n BOQK ~~ ~aV`11~9 He noted he had several matters for discussion in Closed Meeting later in the meeting. 1 // Chairman Clark called for the County Administrator's report. County Administrator Caskey presented a new Memorandum of Agreement with the Treasurer's Office for the .Board's consideration. He. noted that the previous Treasurer entered into such. an agreement in April, 2002 to bring the personnel within that office into the County's Personnel Policies and Procedures Manual; however, that Agreement stipulated that should any change in office •of the Treasurer occur would result in a termination of the Agreement. He stated the new Agreement has been signed by the new Treasurer and her employees in that office. Supervisor Bradshaw moved the Board approve the Memorandum of Agreement, with the Treasurer's Office. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. 1 County Administrator Caskey. noted the issue concerning a proposal for the 2007 Jamestown 400`" Anniversary Celebration was discussed by the Board at a previous meeting during Citizens Comments by Albert Burckard. He noted that the Chairman requested that the issue be placed back in the agenda for the Board's consideration. Supervisor Bradshaw expressed a concern that the recommendations do not encompass the entire County. He stated there. are many historical sites within the County that are not being addressEd. He suggested that staff review it on a countywide basis. Supervisor MacManus stated with. respect to the reorganization of County operations, he would like for the County Administrator to make recommendations. He stated with respect to Item 4, the development of an Advisory Committee, he would like for staff to take into consideration Mr. Burckard's suggestions, and should it be necessary, that staff' bring their recommendation to the Board for its consideration. Diane Spencer Woolley, Director of Tourism, stated the Department of Tourism does not have the expertise for this effort, and the purpose of the Tourism Department is to market what is presently here. She stated she is not opposed to having asub-department under the Tourism Department that would be called Historic .Resources, but swell-qualified staff person would. be required that has some type of archeological background, as well as a budget. I2 goQK zz ~A~~17a Chairman Clark moved that the County Administrator investigate and report back to the Board at its Retreat whether or not there are. any plans with respect to the County's involvement in the celebration. The motion was adopted by a v©te of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright .and Clark voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Old Business. Alan S. Nogiec, Director of Parks and .Recreation, .stated staff has received a response from the Department of Historic Resources in response to .the preliminary application submitted regarding ,Historic. District Designation for Carrollton Nike Park. He stated it was recommended that after the review committee agreed with the staff recommendation to consider submitting a formal application to the Department of Historic .Resources. He noted there could be some ramifications to this historic designation as it relates to plans for the facility at Nike Park in the future. He stressed that he is not opposed to providing an historical interpretation of Nike Park; he just does not believe it should be in the form suggested by Albert Burckard. He stated there are now discussions to create a cold war museum utilizing the existing buildings and, if this happens, the County's master plan for that property will have to be addressed again causing delays. County Attorney Stroman corrected an earlier comment to the effect that if the. park has this historic designation, the buildings could be torn down tomorrow. He stated that once the designation is made, there is an obligation for consultation for appropriate mitigation of the historic resources. This process could be as quick as several weeks if the mitigation consisted of taking photographs of the buildings. He stated the .process could also be substantially more lengthy. He stated there will be some State or Federal funds involved in this. process which will involve a requirement to consult with the appropriate State or Federal agencies prior tobeginning any process that could result in delay. He stated that it does not appear that Nike Park is eligible .for designation in that the statute states that historic districts must contain local tax parcels having separate owners; however, this park consists of a single parcel .owned by only one (1) owner. Supervisor Bradshaw stated he is not in favor of .proceeding with developing an application for historic designation. Supervisor MacManus moved the Board refer the matter to the Parks and Recreation Advisory Committee .for development of a .plan for the historic interpretation of Carrollton Nike Park and that there be no effort to pursue the application process at this time. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and 13 1 r. BOOK 22rAE'1~1 Clark voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' requested the Board provide .their recommendations for new dates for the Board's July l 5, 2004 and August 5, 2004 meetings. Supervisor Bradshaw moved the Board amend its 2004 .Meeting Schedule to reflect Thursday, July 22, 2004 at 6:00 p.m. in lieu of July 15, 2004 and Monday, August 9, 2004 at 4:00 p.m. in lieu of August 5, 2004. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in. favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey distributed a draft agenda for the Board's Retreat scheduled for January 23rd and 24`h. He noted that .the Jamestown information would be added to the agenda for consideration by the Board at its retreat. Supervisor Bradshaw- requested that Mr. Childress and Mrs. Seward be prepared to address EMS billing; that the Intergovernmental Committee be prepared to provide a brief report to the Board; and that staff provide a status report and recommendation on the consolidation of services. County Administrator Casket' advised that staff has been informed by representatives of Windsor Elementary School that every .Wednesday is available for the Board to hold it Town Meeting at that location. Supervisor Bradshaw moved the Board set its Town Meeting for February 18, 2004 at 7:00 p.m. at the Windsor. Elementary School. The motion was adopted by a vote of (5-Oj with Supervisors MaclVlanus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Casket' stated the Boykin's .Tavern Advisory Committee was requested to consider several issues and have offered their recommendations to the Board for its consideration. Supervisor MacManus moved that the Board accept:. the recommendations of :the Advisory Committee .for Boykin's Tavern, as follows: The joint use room to be named the Helen Haverty King Reference Room. The Advisory Committee wants to host a reception for the Historical Society in honor of Mrs. King. That no sign go on the side door of the Tavern. This door is for staff only, not for public access. The Advisory Committee is eooK 22 PAC~172 suggesting that an ...appropriate place be found to post information about the King Reference Room and the Society's membership information. The Advisory Committee is suggesting this be placed in the reception area. That no probing for graves be initiated at the Tavern at this time.. The Board of Supervisors voted to make the archaeological survey their project- for the Jamestown 2007 'Celebration. Mr. Albert Burckard, Chair of the Isle of Wight County Gravesite Task Force, was at the Advisory Committee meeting and agreed with the members that the archaeological survey would locate graves if there were any. The motion was .adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and. no Supervisors voting against the motion. Anne F. Seward, Director of Budget and Finance, stated pursuant to the Board's authorization for services related to the Treasurer's turn over audit, she recommends the Board's authorization of the engagement letter with Robinson Farmer Cox Associates. Supervisor Bradshaw moved the Board authorize .signature of the letter. The. motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion,. and no Supervisors voting against the motion. Supervisor Bradshaw reported that .information is still being gathered relative to tax relief for the elderly and the matter will be presented during the budget process. // Chairman Clark called'for New Business. County Administrator Caskey requested the Board set February 2, 2004 at 4:00 p.m. to meet with Congressman Forbes in the Social Services Demonstration Room. Supervisor Bradshaw moved the Board set a meeting on February 2, 2004 at :4:00 p.m. with Congressman Forbes. The location is to be determined at a later date. The motion was adopted by a vote of (5-0) with Supervisors MacManus, .Bradby,. Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. // Chairman. Clark called for Appointments. J 1 15 BOOK ~~ PAo~~~~ Supervisor Wright moved the Board reappoint Ray Holland to the Planning Commission. 'The motion was adopted unanimously (5-0). Supervisor Wright moved. the Board. reappoint Wilson Holland to the Wetlands Board. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board reappoint R. L. Walker on the Planning Commission. The motion was adopted unanimously (5-0). Supervisor MacManus moved the Board reappoint Ann Martin to the Commission on Aging. The motion was adopted unanimously (5-0). // County Attorney Stroman requested the Board enter into a C.osed . Meeting to discuss an item pertaining to advice of legal counsel under. Section 2.2-3711.A.7 of the Freedom. of Information Act and two (2) matters concerning discussion of a prospective business or industry or the expansion of an existing business under Section 2.2-3711.A.5 of the Code of Virginia. Supervisor Bradshaw moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Wright and Clark voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board adopt the following Resolution: CERTIFICATION OF CLOSED Il~IEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia ,requires a certification by this Board of Supervisors that such closed meeting was conducted 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 closed. meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. 16 soar 22'~acFl74 VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING:. 0 // ~. Supervisor Wright moved the Board continue its meeting to Friday, January 23, 2004 at 5:00 p.m, at The Smithfield Center to conduct its Retreat. The motion was adopted unanimously (5-0). Ti` `'~! Stan. D. Clark, Chairman ~~