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05-05-2005 Regular Meeting ~ti.~ ~3 -w._~~2n3 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF MAY IN THE YEAR TWO THOUSAND AND FIVE PRESENT: Phillip A. Bradshaw, Chairman Thomas J. Wright, III, Vice-Chairman Henry H. Bradby Richard K. MacManus -Stan D. Clark Aiso Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County Administrator/Operations E. ~TVayne Rountree, P.E., .Assistant County Administrator/Development Anne F. Seward,. Assistant County Administrator/ Administration Carey Mills Storm, Recording Secretary Chairman Bradshaw called the meeting to order at 4:00 p.m. I/ Supervisor Bradby delivered the invocation. 1 // The Pledge. of Allegiance was conducted. // Chairman Bradshaw called for approval of the agenda. 1 County Attorney Stroman requested that the following amendments be made to the agenda: under Special. Presentations, add a new Item (1) concerning the introduction of the County's newest Long-Range Planner, Mark Harrup; under the. Consent Agenda, pull Item (F) for a correction; under the County Attorney's. report, pull Item (3), the Crocker lease; add one (1) additional item to the Closed Meeting pertaining to .legal advice regarding Fair Labor Standards Act issues, for a total of five (5) closed meeting items; and, under the Emergency .Management report, add an appearance. by Scott Brower, Assistant Chief, Carrollton Volunteer Fire Department. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright .voting in favor of the motion, and. no Supervisors. voting against the motion. 1 ~Xa~aewemz+^.ram.-,>ar++*f°~r~°~+'.rewsr~.<:.*~.« ..~;.. r> - r ~. ..~«:~.. ~..ra~>«.. N, r.. ~.m.^»r, .-.... 9~~K 23 >~::~204 /~ Chairman Bradshaw called for Special Presentations. Jonathan W. Hartley, Director of Planning and Zoning, formally introduced Mark Harrup, the County's newest Long-Range. Planner, to the Board. Patrick J. Small, Director of Economic Development .addressed the "Hampton Roads Enlisted" Television Pilot initiative, which was created.. to promote economic development, tourism and image/name branding for the Hampton Roads region. He stated eight (8) of the thirteen (13) participating jurisdictions have approved participation in the initiative, and the remaining jurisdictions are in the process of doing so. He noted the County's participation will require an expenditure of $1,640.33. Supervisor Clark moved that the Board table consideration of the matter until .the end of the meeting. The motion was adopted by a vote of.(5- 0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw indicated the Consent Agenda included the following items: A. Resolution to Proclaim May 15-21, 2005 Business Appreciation. Week B. Resolution to Submit an Application for U.S.D.A. Summer Food Service Grant Program Funds .and to Accept and Appropriate Grant Funds C. Resolution to Accept and Appropriate Funds from the .Department of Criminal. Justice Services and the Public School Division for the School Resource Officer Grant Program D. Resolution to Accept and Appropriate Local Law Enforcement Block Grant Funds from the Virginia Department of Criminal Justice Services E. Tourism Monthly Report -April 2005 F. .Meeting Schedule. Revision G. Action List Status Update 2 1 i 1 H. The application of Brown's Marina for approval of a Water Quality. Impact. Assessment pursuant to Section 5004 of the Chesapeake. Bay Preservation Area Ordinance to reconstruct a thirty-four (34) foot by eighty-two (82) foot office building and store at 10180 Brown's Marina Road. L Preliminary Subdivision Plat of Eagle Harbor, Parcel 8, property of Eagle Harbor,. LLC, Carrollton Boulevard (Route 17),~ Newport Magisterial District. J. Preliminary Subdivision Plat of Eagle Harbor, Parcel 11, property of Eagle Harbor, LLC, Carrollton Boulevard (Route 17), Newport Magisterial District.. K. March 28, 2005 Budget Work. Session Minutes... L. April 7, 2005 Regular Meeting Minutes M. April 13, 2005 Town Meeting Minutes Chairman Bradshaw asked if there were any items for removal. Supervisor Wright moved. that Items (F), (I) :and (J) be removed, and that the remaining items on the Consent Agenda be adopted. The motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (F), Meeting Schedule .Revision, County Administrator Casket' distributed a revised Resolution reflecting a correction in the. date in the title from April 13, 2005 to July 25, 2005.. Supervisor Clark moved the Board adopt the following revised Resolution: RESOLUTION TO SETA BOARD OF SUPERVISORS' MEETING ON JULY 25, 2005 WHEREAS, the Board of Supervisors of the County ofIsle of Wight, Virginia desires to revise its schedule for its regular meeting previously scheduled for July 21, 2005; and, WHEREAS,. the Board. of Supervisors desires to hold its regular meeting on Monday, July 25, 2005 at 6:00 p.m. in .the. Board of Supervisors' Room; and,. WHEREAS, the Board of Supervisors desires to hold a public hearing at 7:00 p.m. on Monday, July 25, 2005. 3 ..Y.,clph9t~+bsfaraR4.R+.aN!wA~~w+y+, ~~rc-. [..,va rt ,. _, a. -.f. ~.,-. n.a ~ ~, .'N..+, .. .M...,.~nv ...-. -.,.. .., ._r t~ vr.w,~..r .~.~. k ov a+ _^~^~+~{ne+FK~ .. _. ~oeK ` 23 >~:~206 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight County, Virginia will hold its regular meeting on .Monday, July 25, 2005, at 6:00 p.m. in the Board of Supervisors' Room with public hearings to be held at 7:00 p.m. The motion was adopted by a .vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (I), Preliminary Subdivision Plat of Eagle Harbor, Parcel $, property of Eagle Harbor, LLC, Carrollton Boulevard (Route 17), Newport Magisterial District, Supervisor Clark inquired if an issue exists concerning an existing church building. Sandon Rogers, Transportation Planner, advised that the Planning Commission had expressed concern with an existing church building shown on .the plat that is encroaching, and requested that the encroachment be addressed prior to the plat being finalized. Supervisor Clark moved the Board approve ,the plat with the understanding that the church encroachment issue will be taken into consideration before final plat approval. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. With respect to Item (J), Preliminary Subdivision Plat of Eagle Harbor, Parcel 11, property of Eagle Harbor, LLC, Carrollton Boulevard (Route 17), Newport Magisterial District, Supervisor Clark moved the Board approve the __ plat with the understanding that the church encroachment will be taken into consideration before final plat approval... The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for Regional Reports. Supervisor MacManus reported that the Southeastern Public Service Authority is giving consideration to reducing the tipping fee from $59 to $56 per ton. He further reported that the Holland lawsuit was briefly discussed, and that he would keep the Board apprised as the lawsuit proceeds. Supervisor MacManus reported with respect to the Western Tidewater Water Authority, agreements are being pursued with legal .counsel. He further reported. that -the Authority had been successful in obtaining a groundwater withdrawal permit.. ,~,~.~~.~...,~r . ~~.,~...._ _ _ _ _ _ .... o ,._ . _...., . _ .. _ .._ ~ ,. , r. ~. ~m_..,~ ,~._..~. -~~. ' cnr,~r ~~ -,-/o~ Supervisor Clark reported. that the issue of the Third Crossing, and how it will be paid for, was discussed at the. most .recent meeting of the Hampton Roads Planning District Commission. He advised that the City of Hampton is objecting to the Third Crossing option,. and the Commission will attempt to reach a consensus at its next meeting. 1 Chairman Bradshaw reported that .the joint Board of Directors' organizational meeting for :the Hampton Roads Economic Development Alliance was held. He advised that the constitutional bylaws were approved,. and. the Executive Board was elected. Chairman Bradshaw reported that the VACo committee meetings - would. be held Friday in Richmond, with a Board of Directors meeting to follow next weekend. // Chairman Bradshaw called for Transportation Matters. 1 .Supervisor MacManus requested Mr. Rogers to contact VDOT and request an explanation. on how Cedar Grove Road and Route 17 qualified for anew traffic signal. Chairman Bradshaw inquired if the VDOT Suffolk Residency has formulated a plan yet, and if staff had advised that the County wanted to be a partner in whatever direction VDOT proceeds. Chairman Bradshaw moved that. the Board direct. the County Administrator. to draft a letter to the. VDOT District Administrator requesting .the County's involvement in the realignment of the Suffolk Residency as a result of the City of Suffolk now handling maintenance of its own roads. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and :Wright voting in favor of the motion, and no Supervisors voting against .the motion. Supervisor Bradby informed staff that the potholes along Purvis Lane have not been repaired. Mr. Rogers stated he would investigate why VDOT has not had the potholes repaired. 1 Supervisor Clark requested staff to advise VDOT that he would. like for a sign to be installed between New Towne Haven Lane_and Benns Church noting the location of the Carrollton area. Supervisor Clark moved the Board direct. staff to request that VDOT investigate the feasibility of installing afour-way stop. sign at the Post Office in Rescue, and .that the Sheriff review speeding on Rescue Road. The motion. 5 -~.rw~-~n~,,.,<~~-~x2~e-~.-.,.T aW:.-.~, .~.,,..~_~., .,..<.u. ~~~,,.v,~~ ~ ..-.,N..-,.-...~__: ..w _.. :,,,: .. ,~..,,..~ ~ ,.:~,~.•~ _ ~._w;,E.. ~„ A. , _. ~» ,.,...,,,xf.,,~~z+w-~a*:;,. .. __ was adopted by a vote. of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Bradshaw notified staff than VDOT has posted the appropriate public notices in the Camptown area for "No .Through Truck" signs. Chairman Bradshaw notified staff that the Route 26Q connector bridge over Lees Mill Road would be named after Anthony and Edna King. // Chairman Bradshaw called for Citizen's Comments. Dr. Alfred M. Coke of 304 Grace Street requested that the Board deny Smithfield Station permission for egress and ingress to the James. and Clay Street locations for the purpose of dumping spoilage from the Pagan River dredging, and that the .Board deny limited use permits to Smithfield Station for the initial spoilage .dumping. He further requested that the Board deny any landfill permits by Randy Pack. He stated the. spoilage is untested and. untreated from a stagnant river that has been a holding vessel for 250 years of residential, commercial and agricultural runoff.: He inquired if the -Board has granted an easement permit for 450 trucks to cross County-owned property; did the Board zone James Street as a dump site or spoilage containment area; did the Board issue a Conditional Use Permit for this project; did the Board issue an Isle of Wight wetlands permit; did the Board issue aright=to-use permit; did the Board review the environmental impacts: that includes the destruction of national habitat for wildlife and wildfowl found at the dump site; did the Board approve or grant a 'land development permit: that recognizes the implications of dumping 7.5 million pounds. of unknown. spoilage on top of and adjacent to the natural floor of the ravine; has the Board coordinated with the National Historical Registry Foundation for the approval to dump spoilage adjacent to registered landmark homes and two (2) blocks. from the main street, a civil war battle site, and a .revolutionary war site; does the Board have a plan and a designated spokesperson to answer questions about dumping in a historical site; has the Board granted permission for any of the above permits and, if so, he is requesting hat they be withdrawn and Smithfield Station notified immediately of the Board's denial; is the Board clear that an estimated 7.5 million pounds of material are to be transported through these thoroughfares with no income returned to the Town of Smithfield or the .County; is the Board aware, that the Town of Smithfield has no drainage plan; is the Board familiar .with the drainage system on the James River and how it flows directly into the Pagan River by the proposed dump site; is the Board clear that the current drainage system in the ravine was installed in 1.970 and is probably deteriorating at this .time; and, is the Board prepared to replace the drainage system. or supplement the Town of .Smithfield. 1 i~ 6 ~n~x 23 r,~.~200 Chairman. Bradshaw advised that the above project is located in the .Town of Smithfield and outside of the County's jurisdiction..He encouraged Dr. Coke to relay his concerns to the Smithfield Town Council. Darlene Gruber of 328 Grace Street spoke in opposition to the expansion of Smithfield Station, and the proposed dump. site for sludge associated with that project. She noted that her husband, Brian Gruber, Chief of Staff of Obici Hospital, is .prepared to bring certain professionals before the Board to .brief it on the health hazards to which the citizens will be exposed. She asked if the Board is prepared to answer to the citizens who become ill, and how will the Board .address the parents of children who may step in the spilled sludge from the trips made on the Town's streets and over the access owned by the County. She asked if the. applicant has made an application with the County's Wetlands Board. She inquired if the Board was prepared to answer to the parents of the children's development center who are already subject. to developmental delays. She stated the most affected individuals with these contaminants and sludge will be children, t:~e elderly and those with already compromised auto-immune systems. She asked how the Board .would address the noise issue. She stated that she understands that the Board has no jurisdiction in the Town of Smithfield; however, the Board members do know certain individuals on the Smithfield Town Council. She requested that a suitable site be found to dump the E sludge because this is not an acceptable site. because of its .associated risks and unknowns. John A. Beasley, a teacher at Windsor High School, spoke in support of the Board of Supervisors fully. funding the School Board's .budget. He asked. the Board to reconcile its differences with the School. Board and better serve. the education of the school children. He spoke in support of shared services between the County and the school system. Nancy Guill of Rescue encouraged the Board to .have amore cooperative relationship with: the School Board, yet be responsible with the County's tax dollars. ~ // I f Chairman Bradshaw called-..for the County Attorney's report. { County Attorney Stroman reported on his recent meeting with. Sheriff Phelps concerning enforcement of the County's ordinance relative to no- through trucks on Yellow Rock Road. County Attorney Stroman presented a proposed Ordinance Establishing the Purchase of Agricultural Conservation Easements Program for the Board's consideration. 7 k 1 -.-_-..- .raNq~"i.W °•~+na+^."~*I+~rtW'n,.... ~~ .+e.r..~vn+:... W ~..r.r. +. ~ ., -r .'f, i~.a ~ .^r ~v ~,r+. K._r~?, v, i ~o- .. .....s ,.. cn ~.Y .z. i rt.~ _s3~M+. _:fe/twYk~~Tx:N4VG'414~x ~~~'Y ~~ r~~r~~lJ Supervisor~MacManus moved the Board authorize the County Attorney to advertise a public hearing on the ordinance at the Board's May 19, 2005 meeting. The motion was .adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Attorney Stroman recalled that the matter of the real property lease agreement between the County and Mr. James Edward Crocker and Mr. Peter Frank Crocker was removed under the approval of the agenda. County Attorney Stroman addressed the County's provision for a zoning permit, as previously. questioned by Mr. Robert Duckett, Director of Public Affairs for the Peninsula Housing and Builder's Association. He stated the purpose of the zoning permit is to verify that the improvements to be constructed on any given piece of property comply with the County's Zoning Ordinance. He stated the confusion with respect to House Bill 1826 in the letter addressed to Chairman Bradshaw has been resolved, and the zoning permit is a verification mechanism which has nothing to do with reversion to prior-zoning. He stated there is an ample basis for the County's authority to act in this area, as there is specific language in the statute that provides authority to the Zoning Administrator to ensure compliance with the Ordinance. In addition, the power to require a zoning permit is fairly implied from the Board's authority to regulate land use. He stated he is satisfied that _ the provision is legal and appropriate, although he would. like to suggest some minor revisions in an effort to address the concerns of the Peninsula Housing and Builders Association. // Chairman Bradshaw called for the Emergency Management report. 1 Supervisor MacManus expressed the Board's concern with the cost overruns associated with the Carrollton Volunteer Fire Department.. He inquired what that department has contributed to try and mitigate some of those costs. Scott,Brower, Assistant Chief, Carrollton Volunteer. Fire Department, distributed a sheet listing the contributions in the amount of $72,000 made by that department with respect to the new fire station project. He noted that the cost overruns on this project have been due to .issues outside that department's control. He advised that the actual cost in dollars from the department's bank account is approximately $40,000. Supervisor MacManus inquired if the department still intends to outfit the training room and kitchen facility. Mr. Brower stated these projects are still on-hold because the department does not have the funds to complete them. He stated the. 8 1 9a~r 23 ::~ .~ ~~1 1 J department has no intention of requesting funding from the County for these projects, as the department intends to seek donations. He reminded the Board that the original request of $860,OQ0 was four (4) to six. (6) years prior to the commencement of construction, and it included donated land, sewer, water. and the crossover. He stated the Board did not feel it was a tangible situation to work ,with the developer. who was going to make .those donations .and,. therefore, those items. had to be purchased.. He explained that the cost of the building increased because the original request was several years prior to the beginning of construction. ' County Attorney Stroman advised that the Director of Emergency Management had contacted him with regard to negotiating the final set of disputes, which. .will .include the issue of liquidated .damages. He recommended that Mr. Childress, Mr. Camden and he meet: and then provide a report to the Board. Mr. Childress offered to answer any questions from the Board on his report contained in the agenda with respect to the Carrsville EMS. funding request. He notified the Board that the County has not provided reimbursement for any EMS first response. Chairman Bradshaw stated that the Board needs to ensure that it supports and provides the necessary funding to .these organizations.. He requested that Mr. Childress inform the Fire and Rescue Association that the Board wants to be advised with respect to the cast of all programs, and that an open line of communication is maintained so that the Board is aware of what is going on with the various departments and so .that they will not be strapped for resources. Supervisor Clark requested that Mr. Childress- advise .that the Board will always be receptive to legitimate fire and rescue requests, but that these organizations should not be making purchases and acquiring debt without the Board's advance approval. He noted this Board is receptive to taking advantage of opportunities as they come along, but it :would like to be informed before any purchases are actually made. // Chairman Bradshaw called for the County. Administrator's report.. Sherri Bush, Director of Emergency Communications, updated the Board on the. successful consolidation of the Emergency Communications Center. She noted certain expected technical issues still need to be resolved. rt ~~ Chairman Bradshaw inquired how the performance will be monitored.. Ms. Bush advised that the County has a contract with the .company that built the infrastructure that provides assistance twenty-four (24) hours a day. 9 Supervisor MacManus inquired if there is a problem with the emergency response pagers not being on the same frequency. Ms. Bush responded that she had been advised that certain pagers . utilized by the fire departments may or may not now work. Supervisor MacManus informed Ms. Bush that he had been advised -that all pagers utilized by the. Smithfield Volunteer Fire Department do .not work now, and that these pagers will have to be replaced, although no funding has been provided for their replacement. He noted that he would address this issue with Mr. Childress later in the meeting. Supervisor MacManus requested Ms. Bush to elaborate on the potential problem associated. with locating emergency callers with respect to voice over Internet protocol. Ms. Bush. stated a national .problem exists in which there are people who have paid for that service, it is billed as you are able to sign up for 911 as an option, but the calls are not making it into the 911 network. She stated the County will not deny emergency calls, but the problem is that the County can not identify emergency calls that arise in that manner. She noted that the FCC is requiring these providers to have' some sort of link with .local exchange carriers, such as Verizon. Supervisor MacMarius moved the Board direct Ms. Bush to prepare a letter on the issue of .locating emergency VOIP (Voice Over Internet Protocol) callers, as it relates specifically to the County, for the Chairman's signature to Congressman Randy Forbes .and Senators .John Warner and George Allen and advising how it is impacting the County at the local level. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus requested Mr. Childress to elaborate on reports he has heard that certain. pagers have become obsolete. Mr. Childress advised the Board that he is devising a plan to address the replacement of pagers should they become obsolete. Grace Keen, on behalf of the Beautification Committee, presented three (3) flagpole display initiatives for the south end of the James River Bridge. r Supervisor Clark moved the Board allocate $10,000, and direct.staff to take the funds from the appropriate budget line item. The motion was adopted by a vote. of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. 1 1 1 .. fl001( 23 %dGC~~~J X11I L__JII Mrs. Grace Keen invited the Board to attend a reception sponsored by the Isle of Wight Citizens Association that will be honoring teachers of the... year on May 9, 2005. She noted .that Senator Quayle, Delegate Barlow and Supervisor MacManus would be in attendance, and that following .the reception is a Town Meeting titled "Let's Talk Schools." Supervisor Wright and Chairman. Bradshaw encouraged the. Beautification Committee to investigate areas for beautification along Route 460. '' Mrs. Keen explained that right-ofway issues prevented plantings along some of the Route 460 corridor, and she invited Supervisor Wright to attend the next Beautification Committee meeting and make a suggestion for other areas that can be planted. Lyle D. Hornbaker, Information Services Coordinator, explained the various options relative to the issue of the PEG Channel video broadcast. He recommended proceeding jvith Option 1. S rvisor MacManus stated that the Board had previously directed the 1 upe Director of Budget and Finance to place $12,000 aside for consideration during the .budget process, and that he now recommends that amount be increased to $15,000. He noted the Board would be further discussing it under Item (A), Old Business,. the Proposed General Operating and. Capital Budget. Donald T. Robertson, Assistant County Administrator/Operations, recommended the Board approve a Resolution to Authorize Participation in the Western Tidewater Home Consortium. Supervisor MacManus inquired what has been done by staff to correct the problems that staff had run into previously. Mr. Robertson advised that ail problems have .been corrected, and greater efforts are being made to monitor what is being done individually. and. :collectively. He further advised that HUD representatives have met with staff, and staff is routinely monitoring the project to ensure that all appropriate documentation is in place. He stated currently there are multiple projects underway, and the funds are now being spent. f Supervisor MacManus moved the Board' adopt. the following Resolution and authorize execution of the Western Tidewater HOME Consortium Agreement: RESOLUTION TO AUTHORIZE PARTICIPATION IN THE WESTERN TIDEWATER HOME CONSORTIUM 11 e.. ~ ~r sr.%~pRwi we.~.+^-r..,~.ce~~.=,~.~ac.~+:.N _.-. -,,.„~a,,.~ a. o,~m., -_ ~ F _ ~__ , ..x _ .R _.~u~ ~r Ate.-:y~,4.,ww:w?~+.vwwrkib~,~. _ WHEREAS, the Western Tidewater HOME Consortium was established on June 7, 1995; and, WHEREAS, the Western Tidewater HOME Consortium must be recertified for participation beginning in 2006; and, WHEREAS, HOME Investment Partnership funds provide additional financial resources to Isle of Wight County and the Western Tidewater Region to alleviate certain housing conditions through activities including, but not limited to, new housing construction, homeownership assistance, rental assistance, and home rehabilitation; and, WHEREAS, every citizen should have a decent, safe, and sanitary living environment in which to live. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight County, Virginia authorizes and supports participation in the Western Tidewater HOME Consortium. The motion was adopted by a vote of (4-0) with Supervisors Bradby, Bradshaw, MacManus and Wright voting in favor of the motion;. no Supervisors voting against the motion; and, Supervisor Clark absent for the vote. Anne F. Seward, Assistant County Administrator/Administration, briefed the Board on-the issue of consolidation of County and school service. areas. She .stated staff, after meeting with the appropriate school administration personnel, will be coming .back. with action plans, dates, impacts, monetary assessments, and certain strategic Plan adjustments. Supervisor Clark requested that Ms. Seward bring the matter back to the Board at the first sign that this effort is not. pXOgressing as anticipated (i.e., any time a key member of the joint committee fails to show up at a meeting or is not cooperative). Supervisor MacManus moved that the Board approve central purchasing, buildings and grounds maintenance, transportation maintenance, information technology, and athletic facility usage as the five (5) areas for consolidation; that a target date of July 1, 2005 be set for County Administrator Casket', working with Dr. McPherson, to come .back with proposed milestones to accomplish consolidation of the five (5) areas; that it is to be accomplished within the fiscal year; and, that a written monthly report will be placed in the Consent Agenda at the Board's first meeting of each month showing the status of the milestones. The motion was adopted by a vote: of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the. motion, and no Supervisors voting against the motion. 1 li 11 12 ,. ~~ Chairman Bradshaw called. for Appointments. ao~K ~3 ::.~~~~ Supervisor MacManus moved the Board appoint Brenda Lee to serve on the Fifth District CASA Program Board. The motion was adopted by a vote of (5-0) with. Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board appoint Felicia Scott to serve on the Fifth District CASA Program Board. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, CIark and Wright voting in favor of the motion, and no Supervisors. voting against the motion. Supervisor Clark moved that staff be directed to provide the Board with an annual report on the. attendance of members serving on the County's various boards and committees, beginning with the end of this calendar year. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. [1 Supervisor MacManus moved the Board reappoint W. Douglas Caskey to serve on the Hampton Roads. Planning District Commission. The motion. was .adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and. Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright moved the Board nominate Verna Jones to the Circuit Court Judge for appointment to the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with. Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the: motion. 1 { Supervisor Bradby moved the Board reappoint. Doris Wilson, representing the Hardy District, to serve on the Youth Services Advisory Board. The motion was adopted. by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor. MacManus moved the Board appoint the iridividuals, as recommended by staff, to serve on the Fair Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. . 13 ;,~fp~W1yR'.?M!10A.~+Y!.r.ma ...rtaw.,. .. ...._~... :._.:~... .. ... . mw. .. , N. __ v ~+ rr. earn... 23 :::--71.6 Chairman Bradshaw directed Mr. Robertson to request from the school division their recommendation for an appointment to -the Virginia Alcohol Safety Action Program. // Chairman Bradshaw called forOld Business> A. FY2005-06 Proposed General Operating and. Capital Budget. (Tabled Apri121, 2005) Anne F. Seward, Assistant County Administrator/Administration, stated included in the agenda is a summary of actions taken by the Board to date, as well as a summary of pending items that will require further direction from the Board. Ms. Seward was directed to include funding for the following pending items in the budget: Western Tidewater Community Services Board $ 6,570 Commissioner of the Revenue -Pay Plan Agreement $36,000 Clerk of the Circuit Court -Pay Plan Agreement $13,000 Treasurer Request/Delinquent Tax Collector Position/ $12,500 Part-Time Merit Adjustment Increase 3.5% to 4% $30,000 Isle of Wight Arts League $4,500 (Staff to advise that backup information is needed) Endependence Center $ 4,500 PEG Channel Broadcast $15,000 Planning & Zoning = E&S Control Inspector. $42,000 (March 1, 2006) Planning & Zoning -Urban Design Landscape Planner $20,000 (November 1, 2005) Inspections -Administrative Assistant $36,277 (July 1,.2005) Inspections -Chief Codes Compliance Officer $15,000 (October 1, 2005) County Attorney-Dues & Subscriptions $ 3,200 Dept. of Social Services -State/Fed/Other (24,873) Dept.. of Social Services -.Local Contribution $27,551 E-911 Operations - GF portion $31,319 Convenience Center Sites - Orbit/Crocker': $45,000 "Hampton Roads Enlisted" Project- $ 1,641 School Division -Increased LocaLContribution Supervisor MacManus moved the Board direct staff not to provide the $11,490 for the Blackwater Regional Library; that these funds be placed "on the side" as contingency items for future consideration by the Board when it 14 ~,_. ,~~-»,.A,m.~.y,~. ~. _., 1 II 'i Roar ?`' . -~1_`T sees appropriate changes are being made within the Blackwater Regional Library system as discussed with the Executive Director, to include representation on the Library Board,.as well as responsiveness to the needs of the community libraries. The motion was .adopted by a vote of (S-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board appropriate $4,500 to the " Endependence Center and direct .staff to advise by correspondence that the Board of Supervisors would like information to be provided sooner, and that the Board was disappointed this year that the information was not submitted sooner, and it is somewhat reflective in their situation that they did not .receive full funding. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved that. staff be directed to come back with a strategic plan for the implementation of the. PEG channel. before the Board moves forward with approval. The funding will be placed in the budget, with the intent that no funding will be released for appropriation until the Board approves a plan .for its usage. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // At 6:00 p.m., Supervisor Wright moved the Board amend the order of the agenda in order to conduct the public hearing. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, .and no Supervisors voting against the motion. // " Chairman Bradshaw called for a public hearing on the. following: ' i The request of the Carrsville Volunteer Fire Department to hold the Fourth Annual "Shrimp Feast" on Saturday, May 7, 2005 from 3:40 p.m. until 9:00 p.m. at the Carrsville Volunteer Fire Department (Station 20) which is located at 6201 Carrsville Highway, Carrsville, in the Carrsville Election District. Chairman Bradshaw .called .for persons to speak in favor of, or in opposition to, the proposed request. No one appeared to speak. tyy i 1 / , yy~ f S 90~r ~`~ .-?1 ~ Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved the -Board .approve the request of the Carrsville Volunteer Fire Department. The. motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no•Supervisors voting against the motion. // .Supervisor Clark moved the Board return to the regular order of the agenda. The motion was adopted by a vote of {5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Supervisor Clark moved the Board take a brief recess. The motion was adopted by a vote. of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and .Wright voting in favor of the. motion, and no .Supervisors voting against the motion. // Supervisor Clark. moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for continued discussion on the FY2005-06 , Proposed General Operating and Capital.. Budget, specifically the school division, increased local contribution. With respect to the .Square One funding request, County Administrator advised that he had forwarded the request to the Superintendent of Schools as it pertains to education. .With. respect to the County Attorney's Dues and Subscriptions line item., Supervisor MacManus requested .that the .County Attorney line item be increased to $3,200 and direct the County Attorney provide an additional set of County codes to the Town of Smithfield and the Town of Windsor for use by their respective staffs. Dr. McPherson, School Superintendent, stated that when the new school is factored out, the school administration budget has only increased by 4.8%. He requested that the Board meet the school's request as much as 16 f. BOQK 23 ;9':,`~~ ~ J 1 possible, .because if the school administration. budget is decreased by more than $60,000, he will be forced to defer certain maintenance projects and two (2) buses, and that he would have, to play catch up next year. County Attorney Stroman requested that the Board enter a closed meeting under Section 2.2-3711.A.7 of the Freedom of Information Act pertaining to .advice of counsel. with respect to budgeting matters and indemnification. Supervisor Clark moved that the Board enter the closed meeting: for the reason stated. The motion was adopted by a vote of (5-0) with Supervisors Clark, .Wright, Bradby, Bradshaw and MacManus voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Clark, Wright, Bradby, Bradshaw and MacManus voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus .moved the Board adapt the following Resolution: CERTIFICATION OF CLOSED MEETING 1 i 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 inconformity 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 ~lirginia 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. I VOTE AYES:- MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 . t 17 _.~~.,.., .~..r...,v. - .....: m ~,,~.. ~ rr~.__,,.m.~~~.~,~,.,~,~..~-~~~.~~~,~~~,:.,~~,. gpr;r ~'~ r,'•_'~~11 ABSENT DURING MEETING: 0 The motion was adopted by a vote of (5-0) with Supervisors Clark, .Wright, Bradby, Bradshaw.and MacManus voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus stated .based on the advice from the County Attorney, the County can not indemnify, but the County can set aside funds in reserve, and he would propose that the Board set aside $500,000 as reserve in case the school administration's insurance claims exceed the current level of funding to cover up to the 120% that is currently uncovered. Supervisor Bradshaw recommended ,that the Board have quarterly progress reports from the Finance Committee on consolidated.. services, and listing any milestones met. He further recommended that the school administration agree to implement the budgeted teachers' salary increase for next year. He stated with respect to the insurance fund, he would like to request that the school administration's insurance fund remain stable, and that there would be no premium.. holiday or any other financial maneuvering of funding within the health insurance fund. Supervisor Clark stated that the County's original budget does allow for instructional raises. He stated teachers should be the School Board's first priority, and raises should be given to them first. He stated he could not support any allocation above the County's originally proposed school administration budget. Supervisor Wright stated the Board. members must be wise stewards of taxpayers' money. Chairman Bradshaw stated his concern is with academics, and that the County has maintained its high standard. for quality education in the County. He stated the County's school system is recognized state-wide, and the County has excellent teachers that provide a quality education for the children. He stated that the County's children have. a-safe environment, and special education students are treated equally with full .inclusion in the classrooms. He stated .that he does intend to work on improving the relationship between- the Board of Supervisors and the School Board. Supervisor MacManus moved the Board set aside $500,000 as reserve in case insurance claims exceed the current level of funding to cover up to the 120% that is currently uncovered; that staff :request the School Board to provide quarterly progress reports from. the committee on consolidated services showing progress on milestones in place and .targets met; that the School Board will agree to implement-the budgeted teachers' salary increase for next year; that the insurance fund will remain stable and that there would be no holiday premium pay or no other financial maneuvering of funding within the health insurance: fund. The motion was adopted by a vote of (3-2) 1 1 18 1 II with Supervisors Brad6y, Bradshaw and MacManus voting in favor of the motion, and Supervisors Clark and .Wright voting against the motion. County Attorney Stroman advised that the Board come to a decision as to how the Board will proceed with the issue of categorical appropriation to the School Board. Ms. Seward advised that staff did request, but did not .receive from the .school administration, the County's budget as proposed by category. She stated that the Board would have to make. adjustments to the line .items without the information. Supervisor MacManus stated he was not in support of categorical funding.. Supervisor Clark stated the Board had made a motion .that the Board fund the school administration's budget by category. Supervisor MacManus stated that the previous motion made by Supervisor Clark was to receive information by category, not to go to categorical funding. t County. Attorney Stroman advised if .the Board wished to .defer adoption of the budget and proceed with categorical funding because it has not received certain requested information from the School Board, it could either adopt the budget at .its next meeting, or the Board could categorize tonight, or the Board could appropriate non-categorically. Chairman Bradshaw moved the Board take a ten (10) minute recess, and allow staff to review the tapes from the Board's previous meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and. Wright .voting in favor. of the .motion, and no Supervisors voting against the motion. U y Supervisor Clark moved the Board amend the order of the agenda and discuss Item (C) under Old Business. The motion was adopted by a vote of ~ (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor. of the motion, and no Supervisors voting against the motion. G Comments on Site Plan of Eagle Harbor Tract l0A (Eagle Harbor Shoppes) (Tabled April 7, 2005) Mr. Hartle noted included in the a enda are staff's comments, as well Y g as correspondence from Breeden Companies on a number of issues discussed with them. He noted also enclosed is a letter from Cardinal Sign Corporation that addresses issues with respect to the signs. 19 - 1 _ i s . ,•,,r..~.+~r..n, ,.~..,,~~, T„..~,.. »r.~.„.„ ~ ,- .. ,.~.,. ..~..:.~. .. .., ::, ~. « ..u ...<.,.-_ , .,.,.,.,: ,K..._,,..: ~.,,,,. .a ...., ..< ~.,~ . r P ^,afi ~~e.Rlr~=b+a;rm-~~K,1y,.; .. 9a~~~ 23:;,_:~?2? Kent Little of Breeden Company agreed that the changes requested by the Board have resulted in a better product. He stated that Breeden Company had revisited certain issues with the Eagle Harbor Shopping Center,. and additional trees will. be planted beginning July 1, 2005 Supervisor Clark moved the Board approve the site plan, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. D. County Code/Town of Smithfield and Windsor Supervisor MacManus moved the Board direct the County Attorney to advise the Towns that the County will be providing a copy of the County. Code .for use by their respective staffs. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, 1VlacManus, Clark and Wright voting in favor ofthe-motion, and no Supervisors voting against the motion. Mr. Hartley stated with respect to the status -of the BMPs at Eagle Harbor and according to East West Partners, the property owners have applied for a waiver of the restrictive covenants and were turned down. for reasons other than the height of the fence. He stated it is now an issue between the homeowner, the Homeowners' Association and the Historical Architectural Review Board to sort out certain basic issues.. He stated that Dean Vincent has .advised that there was never a question raised about safety, which is an issue that has come up since the Historical Architectural Review Board has considered any amendments. Supervisor MacManus moved the Board direct staff to report back to the Board at its June 16, 2005 meeting if this issue has been resolved, and that Mr. Hartley contact the Homeowners Association's and request if he and Supervisor MacManus can meet with them at their next meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the .motion, and no Supervisors voting against the motion. Supervisor MacManus inquired about the status of the Town of Smithfield's water issues. County Attorney Stroman noted the matter would be discussed in Closed Meeting. Responsive to Supervisor MacManus, County Administrator Casket' advised that staff would report back to the Board at its May 19, 2005 meeting regarding the progress of the Bicycle and Pedestrian Committee. 20 ao~~K 23 ~~:~2?3 Regarding. the issue of biosolids, Supervisor Clark moved the Board direct the County Attorney to bring back a proposed ordinance for consideration by the Board at its May 31, 2005 meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradby,. Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board direct the County Attorney to bring back an amendment to the Board's policy to increase .the three-minute time limit forpublic hearings to five (5} .minutes. The motion was adopted by a vote. of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark arrd Wright voting. in favor of the motion, and. no Supervisors voting against the motion. // Regarding .Item (c), School Board Budget, Chairman Bradshaw read the motion from the Board's previous meeting, as follow: Supervisor Clark moved the Board direct staff, in conjunction with School Board staff, to prepare the budgetary information by categories. The. motion was adopted by a vote of (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved the Board defer the matter until later in the meeting to allow Ms. Seward to .meet with the school's Director of Budget. and Finance to discuss the particular percentage reductions in each category.. The motion was. adopted by a vote of (5-0) with Supervisors MacManus, E Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Bradshaw called for New Business. Supervisor Clark moved the Board direct staff to ensure that the members of the Board of Zoning Appeals and the Planning. Commission are aware that the Board of Supervisors encourages them to go and complete certification courses, and that the Board will pay for them to go. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus reported that the Town of .Smithfield has referred the issue of the dredge spoils at the marina expansion project to the Planning Commission. 1 Supervisor Clark moved the Board direct staff to circulate information and make all contacts possible to notify all civic organizations that they need 21 to make contact with Eric Oboden, and notify them about the date of the public hearing for Riverside Medical Hospital's Certificate of Need. The motion was adopted by a vote of (5-0) .with Supervisors .Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved _ the Board support the Riverside proposal, and oppose the Committee's recommendation that there is not a need; that this Board would go on record by placing an ad in The Tidewater News and The Smithfield Times encouraging citizens to write to the responsible individual if they are of that mindset. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. . Supervisor MacManus noted that the Smithfield and Windsor Town Councils and the Chamber of Commerce need to be encouraged to show support, along with the Board. // Under Old Business, Item (B), Revised Zoning Ordinance and Amendments to the Zoning Maps (Tabled Apri121, 2005). Chairman Bradshaw stated with respect to the minimum requirements for landscaping in the Zoning Ordinance,. he would recommend deleting "minimum, requirements" so that the Zoning Administrator will -have the authority to require stricter landscaping requirements, particularly in the main corridorssuch as Route 460, Route 17 and 10. .Chairman Bradshaw stated with respect to the .sliding scale; the objective was to provide financial opportunities for widowers and those on fixed .incomes,' and to not confine them. He stated he would like to have more discussion on this issue later with a thorough explanation following and examples for the Board. Supervisor MacManus stated with respect to the single user footprint, he would prefer 80,000 with a quarter mile separation for the same owner of the store. He stated he would also like to make it broader outside the Newport Development Service District. Mr. Hartley noted hewould come back to the Board at its. May 19, 2005 meeting with revisions to the "big box"; definition of junkyards; 80,000 square feet with aquarter-mile separation outside Development .Service District; and, that he would prepare a more detailed discussion of the sliding scale provisions for consideration by the Board at a latter date. // 22 j .., 1 u ._ , ,. _ ..~ ..__.._ s_ .,, ~.~. ~ ~.,~,~ J C' 'ear ~~ ~ . ~'~~ ~ ...~ Supervisor Clark requested Mr. Hartley to review Blanton's Saw Mill on Haynes Lane and contact him. // Chairman Bradshaw called for consideration of the School Board budget. Supervisor Clark moved the Board adopt the School Board budget. in the amount of $51,793,200, as presented by the following categories, to follow state code: Child Nutrition Services should become "School Food Services and other Non-Instructional Operations" and be in the amount of $1,642,150; Facilities .Improvements should. become "Facilities" in -the amount of zero; Debt Services should become "Debt and Fund Transfers" and be in the amount of $5,987,835; Contingency Reserve should be in the amount of zero; Grant funded .projects should be in the amount of $2,589,000; Pupil Transportation .should be _ in the .amount of $2,596,711; Operations and Maintenance should be in the amount of $4,306,464; Admin., Attendance and Health should be in the amount of $2,016,029; and, .Instructional Services should be in the .amount of $32,655,011. The motion was adopted by a vote of (4-l) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and Supervisor MacManus voting against-the motion. Supervisor Clark moved than the Board fund the school administration's budget by category.. The motion was adopted by a vote of (4-1) with Supervisors Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and Supervisor MaclVlanus voting against the motion. Supervisor MacManus moved the Board adopt the FY2005-06 Proposed General Operating and Capital Budget, as amended, in the amount of $78,747,694 for Fiscal Year OS-06, The motion was adopted by a vote of (5-0) with .Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against: the motion... Supervisor Clark moved the Board approve an amendment to the E-911 budget in the amount of $750,854. The motion was adopted by a vote of (5- 0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor" Clark moved the Board adopt 'the proposed FY05-06 Special Revenue. Fund Budget,. as amended. The motion was adopted by a vote of (5-0) .with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors .voting against. the motion. // 23 BOCK ~J ~ ~?~~ County Attorney Stroman requested a closed .meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act to receive legal .advice regarding the County's grievance procedure and access to panel hearings; briefings from staff and -legal advice relative to the Fair Labor Standards Act, and length of the County workweek; and, the County's d litigation .with East. West Partners concerning water and sewer fees; the County's water purchase contract with the Town of .Smithfield; the Fair Labor Standards Act and issues relating to part-time employment and potential reclassification of positions. Chairman Bradshaw requested a matter be added pursuant to Section 2.2-3711.A.3 regarding legal advice for the acquisition of land. Supervisor Clark moved the Board enter the closed meeting .for the reasons stated. The motion was adopted by a vote of (5-0) .with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright .moved the Board return to open. session. The motion was adopted by a vote of (5-0) with. Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Wright 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, Clark and Wright 24 1. 1 1 1 1 1 NAYS: 0 eonr 23 ,;, ,,x:227 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark. moved the Board change the position of Construction Inspector from part-time to full-time, as discussed in Closed Meeting. The motion was adopted by a vote of (5-0) with .Supervisors Bradby, Bradshaw, :MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradby moved the Board. adjourn its meeting at 10:00 p.m. The motion was adopted by a vote of (5-0) with Supervisors Bradby, Bradshaw, MacManus, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. ip A. Bradshaw, Chairman W. Doug s key, Clerk g 25 d