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05-20-2004 Regular Meetingr~ 9a~K 2? ~~-:~. .. H:.389 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENIETH DAY OF MAY IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Richard K. MacManus ABSENT: Thomas J. Wright, III 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. /I Supervisor MacManus delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda. The following amendments to .the agenda were offered: Under County Administrator's .section, County Attorney requested that Item (F), First Phase/Central County Park Development be withdrawn to be returned to the Board at a subsequent meeting; under the closed meeting, in addition to the one {1) matter involving the investment of public funds arising out of a proposed contract amendment with the City of Franklin, add a matter concerning probable litigation arising out of a liquidated .damages issue with the firm of Chicago, Bridge and Iron. Chairman Clark requested that a personnel matter be added to the closed meeting. Supervisor MacManus requested a matter be added under New Business concerning a request for funding in the amount of $1,000 from the Smithfield Middle School Future Problem Solvers group. l eooN 22:~~~3~a Supervisor Bradshaw requested a matter be added to the Transportation section. ..Supervisor Bradby moved that the Board .approve the agenda, as amended. -The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. // Chairman Clark called for Special Presentations. Judge William, R. Moore, Jr., Fifth District, Juvenile and Domestic Relations Court, formally introduced Melissa O'Neill, State CASA (Court Appointed Special Advocates) Program Coordinator with the Department of Criminal Justice Services; Bessie Freeman Watson, the County's Director of Office orr Youth; and, Louis Chapman, volunteer for the CASA Program. Judge Moore stated that the CASA. Program, which addresses the various forms of child abuse, began nationwide in 1977 and currently consists of 642 programs and approximately 3$,000 volunteers. He stated the end result .for the courts and the child, are that the child spends less time in court, less time in foster care, and the child has a better chance of finding a good. foster care home and, ultimately, a better life. He noted that the -State has awarded a grant in the amount of $14,000, and it requires that the County provide funding in the amount of $4,994. Melissa O'Neill .advised that the State of Virginia recently reinstated funding that was originally cut to CASA Programs in the amount of $928,750, which will be distributed on a formula basis. She stated other funding sources will be available to the County with respect to new program start-up. Supervisor MacManus moved the Board approve the Resolution to Authorize .Submission of a Grant Application and to Accept and Appropriate Funds from the Virginia Department of Criminal Justice Services, as revised by the County Attorney, providing for a matching amount of $4,994. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion;, no Supervisors voting against the motion;-and, Supervisor Wright absent from the meeting. Dr. Michael McPherson, .Superintendent, Isle of Wight County Schools, requested that the. Board appropriate any additional State funding approved for public education to meet critical needs not included in the school's original budget request. 1 1 1 Supervisor MacManus requested that Dr. McPherson provide the Board with a list of prioritized needs pertaining to equipment. 2 aoo~ 22>N~~~3~1 ~~ Chairman Clark indicated the Consent Agenda included the following items: A. United Way of South Hampton Roads B. Resolution of the Surry County Board of Supervisors C. Conditions Related to Restoration of the Jordan House D. Compensation Rate /Board of Assessors - 2004 Assessment E. Resolution to Accept and Appropriate $2,705 from the State Department of Emergency Management for the EMA Program F. Resolution to Accept and Appropriate $3,052 from the Virginia Department of Emergency Management for the Local Emergency Management Performance Grant G. .Mosquito Control 1 H. Action Step 4.A.1. -Annual Measurement of Economic Activity I. Inclement Weather Policy/Guidelines and Procedures for Emergency Response and Sheltering J. Isle of Wight County Administration Building and Carrollton Volunteer Fire Department - Construction and Renovation Progress Report K. Delinquent Real Estate Tax Collection Monthly Report L. April 15, 2004 Regular Meeting Minutes Chairman Clark asked if there were any items for removal. Supervisor MacManus moved that staff be directed to send a letter of appreciation to the Surry County Board of Supervisors. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. Supervisor Bradshaw moved the Board adopt the Consent Agenda. The motion was adopted by a vote of (4-0} with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. 3 e // Chairman Clark called for Transportation Matters. ' Mr. Hartley advised that the VDOT Resident Engineer. would be making his quarterly appearance before the Board at its June l7, 2004 meeting. Mr. Hartley .distributed a report from Mr. Neblett, as requested by Supervisor Bradshaw, pertaining to the Six-Year Plan. Supervisor MacManus requested that Mr. Hartley follow-up with David Willis/President of the Gatling Point North Homeowners Association, concerning. problems associated with the center island of the entrance roadway.. Responding to Supervisor Bradshaw on the status of Dukes Lane, County Attorney Stroman noted that he would have a resolution in the Board's agenda for its June 3, 2004 meeting with respect to an additional conveyance and authorizing him to accept this conveyance on behalf of the County. " Supervisor Bradshaw requested that County Attorney Stroman contact the Commissioner of the Revenue with respect to what action is needed in i `` order to take Dukes Lane off of Mr. Duke's assessment, as he conveyed this property to the County last December, 2003. He further- requested that Mr. °' Hartley contact Mr. Duke and advise him of the status. .{ With respect to the status of Whispering Pines Road, Supervisor Bradshaw moved that staff be directed to write the VDOT Resident Engineer and inform him that the issue with the phone line has not been resolved with Ms. Lee and the drainagetditching work has not been accomplished. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting .against the motion; and, Supervisor Wright absent from the meeting. r Supervisor .Bradshaw requested that Mr. Hartley attend the meeting set for Tuesday, June 15, 2004 at 7:00 p.m. at the Otellia J. Rainey Community Center to discuss the issue of the "no through trucks" signage in the. Camptown area. Mr. Hartley noted that Beverly Walkup .would also be attending with him. `Supervisor Bradshaw requested the status of the drainage concern expressed by Mr. Walker on Central Hill Road. Mr. Hartley noted staff met with Mr. Walker and representatives of VDOT on site, and VDOT has taken the position that the ditch is located 4 ___ _ ,~.__.~.__ r._. _~..._ eooK 22 rh~~`•~~ outside of the public right-of--way and, therefore, is not a VDOT responsibility. Supervisor Bradshaw requested .that Mr. Hartley .contact him on Monday so that they could arrange a meeting with Mr. Walker to resolve his drainage. concern. Supervisor Bradshaw inquired if staff had received any information on the County's efforts to name the Route 260 Bridge after individuals who are still living. Donald T. Robertson advised that staff had spoken with Senator Quayle and Delegate Barlow who will endorse legislation on the County's. behalf during the upcoming legislative session. Supervisor Bradshaw suggested that, in the meantime, staff could make an appeal to the Governor. Supervisor Bradshaw requested that Mr. Hartley advise Mr. Neblett that he should be prepared to address the status of all unpaved road projects when he makes his quarterly presentation to the Board. He noted that he particularly interested in the status of the Blackwater Road project. Supervisor Bradby inquired if VDOT is responsible for all grass cutting efforts on Route 10 to the County line. He noted that VDOT appears to only be cutting the grass along the roadside up to the Smithfield Town limits. Mr. Hartley advised that the Town of Smithfield does mow the right- of-way within the town limits. // Chairman Clark called for Citizen's Comments. Bill Owen, Principal, Windsor High School, spoke in support of the Superintendent's request. for additional funding. He specifically spoke in -support. of additional personnel to work with special needs children; additional personnel to address technological matters; and, an additional Guidance Director position for the two (2) high schools. Jackie Carr, Pope Swamp Trail, spoke in favor of funding for expansion of the preschool program for at-risk children. Joan E. Edwards, Carroll Bridge Road, spoke in .support of additional funding to address the individual needs f©r all children, not just a select group. 5 ~04A ~~ fAt%~,.~i14 Rebecca Mercer., Principal, Smithfield High School, spoke in favor of the Superintendent's request for additional funding. Taylor Barlow, Moonfield Drive, spoke in favor of additional funding for reading teachers in the elementary schools. Beverly Holcomb, Lakeshore Court, and Julie Branch, Regina Court, requested the Board to consider favorably the Superintendent's request for #` additional funding, specifically for assistants to the kindergarten teachers. 'a 7 Michael. Uzzell waived his o ortuni to s eak. 4 PP ty P { I Barry Davis, Principal, Smithfield Middle School, spoke in favor of additional funding for a special needs teacher's assistant position and a technology specialist position. Stanley Ricks, Senior Pastor, House of Prayer in Franklin, .requested additional police presence in the Camptown community, noting an unacceptable response time to a recent incident that occurred in that area. ~ Supervisor Bradshaw moved that the Board address the request under the New Business. section of the agenda. The motion was adopted unanimously (4-0). Darlene Bradberry of Carrollton spoke in favor of additional funding for the school system to address the gifted program and foreign language in the elementary schools. ~~ At 7:00 p.m., Supervisor Bradshaw moved that the -Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (4-0). /i Chairman Clark called for a public hearing on the following: A. An Ordinance to Impose Taxes for ,Isle of Wight County, Virginia for Fiscal .Year July 1, 2004. Through June 30, 2005 County Attorney Stroman noted that .the proposed Ordinance includes no tax increases for the current fiscal year. Chairman Clark called for citizens to speak in favor of, or in opposition to, the proposed Ordinance. No one appeared. 6 80011 ~N ~f~,:r~~~~ Chairman Clark closed the public hearing and called for comments from the Board. Supervisor MacManus moved the Board table the Ordinance until the June 17, 2004. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. Chairman Clark called for a public hearing on the following: B. Isle of Wight County Special Revenue/Enterprise Funds for Fiscal Year July 1, 2004 to June 30, 2005 Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed Special RevenuetEnterprise Funds. No one appeared. Chairman Clark closed the public hearing and called. for comments from the Board. Supervisor Bradshaw moved the Board approve the Isle of Wight County Special Revenue/Enterprise Funds for Fiscal Year July 1, 2004 to June 30, 2005. The. motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. Chairman Clark called for a public hearing on the following: C. The application of Richard L. Sutton-and Jean C. Fontenot for a change in zoning classification from RAC to Conditional General Commercial of 1.96 acres of land known as lot 1 Smith Subdivision, 15636 Carrollton Boulevard, Carrollton, in the Newport Election District. The purpose of the application is for commercial uses as conditioned. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed application. r William Riddick, attorney representing the applicant, noted that the Board previously approved a change in .the Comprehensive Plan for the applicants in order for them to proceed with this rezoning application. He stated the applicants have limited. the uses that would be permitted in this zoning district. He stated the applicants are proffering that the development will be in general accord with the site plan with the condition that all the 7 eooM 22 r~~~~396 provisions of the County's ordinance will be met. He stated the applicant agrees to plant an evergreen buffer along the rear, and the applicant is willing to consider using the low-impact design instead of a holding pond, as encouraged by staff. He stated with respect to lighting, in order to minimize the impact on adjacent property owners, the applicant is willing to install direct cut-off lighting and that the lights will be confined to the site. Patrick J. Small, Director of Economic Development, stated, if approved, the applicant will have to come back before the $oard for site plan approval because of the site's location within the Highway Corridor Overlay District.. He commended the applicant and his attorney for working with staff and addressing the County's concerns.. Chairman '.Clark closed the public hearing and called for comments from the Board. Chairman Clark inquired about the citizens who were concerned about drainage. IVIr. Hartley advised that had spoken. with the spokesperson for the neighborhood about drainage concerns and he had also referred this issue to the Department of Environmental Quality for follow-up. .~ County Attorney Stroman advised that the document titled "elevation" is part of the proffer and. both the brick and the architectural design are part of the proffers.. Supervisor MacManus cautioned that .fluorescent lighting took away from the brick in the Eagle Harbor Subdivision.. He .noted he wanted the applicant's lighting to be more subdued than that used in Eagle Harbor. Supervisor, MacManus moved the Board approve the application of Richard L. Sutton and Jean .C. Fontenot with the proffer to include the depiction that is marked "front elevation." The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and- Clark voting in favor of the motion; no Supervisors voting against the motion; and, :Supervisor Wright absent from the meeting. Chairman Clark called for a public hearing on the following: D. The application of Isle of Wight County Department of Parks & Recreation to hold the "2004 Isle of :Wight County Fair" on Thursday, September 16, 2004 through Sunday, September 19, 2004 on 2S0 acres of land on the west side of Courthouse Highway (across from Clydesdale Mobile Home Park) at the Central County Park and Fair Grounds in the Windsor Election District. 1 8 9~~N ~~ (ti4'~'J`~ 1 Chairman Clark called for persons to speak in favor of, or in opposition ' to, the proposed application. Alan S. Nogiec, 'Director of Parks and Recreation, requested the Board's favorable consideration of the application. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of Isle of Wight County Department of Parks and Recreation. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright absent. from the meeting. Chairman Clark called for a public hearing on the following: E. Proposed Agricultural Lease of 26 Acres of County-owned Property to Mr. James Johnson County Attorney Stroman advised that James. Johnson is desirous of taking over the lease for the Johnson. farm consisting of twenty-six (26) acres at $30 per acre, for a total of $780 per year. He further advised that Mr. Johnson is requesting that the contract term be changed to reflect May 20, 2004 through the end of the year; that the reference to fencing be deleted; that reference to "no till" be deleted; that reference to the barns be deleted; and, that the reference to a soil sample report. be deleted. James Johnson noted that he is desirous of subletting the lease to -his son. County Attorney Stroman suggested that the. Board move forward with the public hearing and he would resolve this issue with Mr. Johnson.. He noted he would bring an amendment to the lease Sack to the Board allowing assignment to Mr. Johnson's .son. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed lease. No one appeared. Chairman Clark closed the public hearing and called .for comments from the Board. Supervisor Bradshaw moved the Board approve the agricultural lease to James Johnson, as amended by the County Attorney. The motion .was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw 9 • aoo~ , 22 fay ~r.~8 ;and Clark voting, in favor of the. motion; no Supervisors voting against the motion; and, Supervisor- Wright absent from the meeting. // Supervisor Bradshaw moved that the Board return to the regular order of the agenda, which passed unanimously (4-0). // Chairman. Clark called for the County Attorney's report. County Attorney Stroman noted that the Board has already acted on the Ordinance setting the tax rates for the 2004-OS fiscal year and a proposed lease of the "Johnson Farm," and his remaining items will be discussed with ..the Board in closed meeting pursuant to Section 2.2-3711.A.6 concerning the investment of public funds arising -out of a proposed contract amendment with the City of Franklin; a matter concerning probable litigation. out of liquidated damages issue. with the firm of Chicago, Bridge and Iron pursuant to Section 2.2-3711.A.7; and, a personnel .matter pursuant to Section 2.2- 3711.A.1 of the Freedom of Information Act. /! Chairman Clark called for the County Administrator's report. County Administrator Caskey .presented a Resolution to Recognize National Hunger Awareness Day and recommended that the Board approve it. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE NATIONAL HUNGER AWARENESS DAY WHEREAS, recent data from the USDA, Conference of Mayors and America's Second Harvest agree that burdens carried by Americans for the basics of housing, utilities, food, health care and transportation are creating an increasingly .larger gap between the income and expenses of an estimated 35 million Americans; and, ..WHEREAS, these individuals affected by a Iow standard of living. are forced to make choices resulting in the frequent casualty of adequate, nutritious food; and, WHEREAS, .National Hunger Awareness Day. will be celebrated on June 3, 2004; and, 10 ~i ii 11 sao~ 22 ~~.;.,3~.~~ WHEREAS, the. National. Association of Counties (NACo) has requested that each County provide public awareness, understanding and support of this significant issue, and to work toward creating a hunger free County, NOW, THEREFORE, BE IT AND IT IS RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, in conjunction with NACo, recognizes and supports National Hunger Awareness Day on June 3, 2004. The motion was adopted by a vote of (4-0) ,with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. County Administrator Caskey presented a sponsorship request from the Windsor High School Family, Career and Community Leaders of America. Supervisor Bradshaw noted a conflict of interest and advised that he would not be voting on the request. Supervisor MacManus moved that the Board provide sponsorship funding in the total amount of $1,000 for the Windsor High School students who qualified for the national level of Family, Career and Community Leaders of America to be held July 10-16, 2004, in Chicago, Illinois. The motion was adopted by a vote of (3-0) with Supervisors MacManus, Bradby and Clark voting in favor of the motion; no Supervisors voting against the motion; Supervisor Wright absent from the meeting, and, Supervisor Bradshaw abstaining from voting on the request. Supervisor MacManus presented a sponsorship request from the Smithfield Middle- School Future Problem Solvers to attend an international conference in Lexington, Kentucky. Supervisor MacManus moved that the Board provide funding in the total amount of $1,000 for the Smithfield Middle School Future Problem Solvers and direct staff to advise Dr. McPherson and Mr. Davis. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. Mr. Robertson presented a Community' Policy Management Team (CPMT) Vendor. Services Agreement for the `Board's consideration. He stated each year the County receives services from vendors throughout the Hampton Roads region which are provided to at-risk. youth and their families. He stated a State requirement now stipulates that the .County have contracts with vendors prior to them providing services. He stated the intent is to 11 eoaN 22 rA~~4UQ provide a standard contract to be utilized by the County for all vendors that would provide services under the Comprehensive Services Act.. ' Supervisor Bradshaw moved that the Board authorize execution of the CPMT Vendor Services Agreement. The motion was adopted by a vote of (3- 0) with Supervisors MacManus, Bradby and Bradshaw voting in favor of the motion, no Supervisors .voting against the motion; and, Supervisors Wright y absent from the meeting and Clark absent for the vote. Mr. Hartley presented the site plan review for the Anderson Mini- Storage Warehouses for the Board's consideration. He noted the. proposed mini storage warehouses, if approved, will be located in the Highway Corridor Overlay District.. He stated staff will be considering the .concerns noted by the Planning Commission and the Town of Windsor has commented on the amount of landscaping along the frontage of Route 460, which will also be addressed during the planning review process. Supervisor Bradshaw moved that the Board approve the site plan of Anderson Mini Storage Warehouses, as recommended by the Planning Commission. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and. Clark voting in favor of the motion, no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. Mr. Hartley stated responsive to the Board's directive at its public hearing in April, .2004, staff has referred the Erosion and Sediment Control Ordinance to the Planning Commission which, in turn, had suggested minor changes and that the matter be referred back to the Department of Conservation and Recreation. He stated additional modifications made, as recommended by the Department of Conservation and Recreation. He distributed .copies of legislation that will go into effect July 1, 2004 and adopted by the General Assembly to modify the language under Item (5) with respect to surface and deep mining activities authorized under the permit issued by the Department of Mines, Minerals and Energy .which he recommends be included in the Ordinance. Supervisor MacManus moved that the Board adopt the Erosion and Sediment Control Ordinance, as revised, to reflect the legislation going into effect July 1,..2004 and adopted by .the General Assembly to modify the language under Item.. (5) with respect to surface and deep mining activities authorized under the permit issued by the Department of Mines, Minerals and Energy. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion, no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. // 12 aooN 2? rh:f402 Chairman Clark called for Old Business. There was no old business offered for discussion by the Board. // Chairman Clark called for New Business. Supervisor Bradshaw noted Reverend Ricks had requested additional patrol in the Camptown .area under Citizens Comments. Sherri A. Bush, Emergency Communications Director, advised that the incident was first reported as a traffic accident, which is handled by the State. Police. She further advised that the State Police determined it to be a destruction of property matter, and the incident was not. treated as a high priority or threat to life as there was not a deputy patrolling on that side of the County. Supervisor Bradshaw moved that the Board request Sheriff Phelps to address the Board at its next meeting on manpower issues within his office. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion, no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. Chairman Clark noted a conflict with the Board of Supervisors' August 19, 2004 meeting. Supervisor MacManus also noted a conflict with his schedule and the Board's first meeting in October, 2004. Supervisor MacManus moved that. the Board change its Thursday, August 19, 2004 meeting to Wednesday, August 18, 2004 at 6:00 p.m. and authorize staff to advertise same in the newspapers. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion, no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. Supervisor MacManus further moved that the Board change its Thursday October 7, 2004 meeting to Thursday, .September 30, 2004 at 4:00 p.m. and authorize staff to advertise same in the newspapers. The motion was adopted by a vote of (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion, no Supervisors voting against the motion; and, Supervisor Wright absent from the meeting. // County Attorney Stroman requested .that the Board enter a closed .meeting pursuant to .Section 2.2-3711.A.6 concerning the. investment of 13 ~OON 22rAvf4U~ public funds arising .out of a proposed contract amendment with the City of Franklin; a matter concerning probable litigation out of liquidated damages issue with the firm of Chicago, Bridge and Iron .pursuant to Section 2.2- 3711.A.7; and, to discuss an assignment, appointment, promotion. or performance for public employees pursuant to Section 2.2-3711.A.1 of .the Freedom of Information Act. Supervisor MacManus moved the Board enter the closed meeting for the reasons stated. The motion was adopted unanimously (4=0). Supervisor Bradshaw moved that the Board reconvene. its. meeting. The motion was adopted unanimously (4-0). Supervisor Bradshaw moved the Board. adopt the .following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with, the provisions of the Virginia Freedom of Information Act; and,. WHEREAS, Section 2.2-3712.D of the Code of Virginia. requires a certification by this Board. of Supervisors that such closed meeting was conducted 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. VOTE AYES: MacManus, Bradby, Bradshaw and Clark t ~~ NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 1 // I4 s iu I~I~ ii sooK 2? r;;~~403 At 8:30 p.m., Supervisor Bradby moved that the Board adjourn its meeting. The motion was adopted unanimously (4-0). /ice-~"' an D. Clark, Chairman is