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09-06-1990 Regular Meeting~~~K 14 r-:~-f~~~ . 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE. SIXTH DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED NINETY PRESENT:. Henry H. Bradby, Chairman Joel C. Bradshaw, 3r., Vice Chairman Steven W. Edwards Thomas L. Ross Richard L. Turner Also Attending: H. Woodrow Crook, Jr., County Attorney (Arrived. at 2:10 P.M.) Myles E. Standish, County Administrator W. Douglas Caskey, Assistant County AdministratorjCommunity Development Carey H. Mi11s, Assistant Clerk Chairman Bradby called the meeting to order at 2:04 P.M. The invocation was delivered by Supervisor Edwards. // Chairman Bradby called for Transportation Matters. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation, stated that the Virginia Department of Transportation was finishing up a dirt road project on Route 694 which should be completed in the next two to three weeks.. Mr. Neblett continued that all other projects in the County were proceeding on schedule. The speed study on Route- 603 had been completed and a copy would be forwarded to Supervisor Edwards. Supervisor Edwards requested that the ditches be cleaned out on Route 636 and Route 258. Supervisor Turner thanked Mr. Neblett. for his help in locating a better entrance to the farmers' market. Chairman Bradby called for citizens to speak regarding highway matters. Reverend James H. Johnson stated that the highway near Benns Church had several bumps and requested Mr. Neblett to look into correcting the problem. Mr. Neblett stated he would check into this. Chairman Bradby stated that on Route 676 there is a speed limit of 50 mph which drops .down to 35 mph and asked Mr. Neblett what could be done to get the speed limit dropped to 35 mph all the way down the road. Mr. Neblett stated he would check into this. // Chairman Bradby called for a public hearing on the following rezoning: The application of Odelle S. Carr, owner and Lawrence Bailey Carr, prospective owner for a change in zoning classification from A-1, Agricultural Limited to Conditional M-2, Conditional Industrial General, 1.165 acres of land located on the south side of Route 638, between Route 641 and Route 645, in-Hardy Magisterial District. The. .purpose of the application is for a trucking operation (truck terminal). Supervisor Ross stated there was a letter from the applicant requesting withdrawal of the application and moved the Board accept the request of Odelle S. Carr, .the applicant, to withdraw.. The r ,. . ~~ ~~~K 14>;,:~6d.~ 2 motion passed by unanimous vote (5-0). Chairman Bradby called for a public hearing on the following Special Use Permit:. The application of Adelaide S. Worrell, owner and Leland F. Duck, lessee and operator for a Special Use Permit to locate two anaerobic lagoons. for septic tank waste on 157 . acres of land on the north side of Route 600, between Route 606 and Route 637, in Newport Magisterial District. Chairman Bradby called for citizens to speak in favor. Fred Bailey appeared and stated he was the engineer designing the project for Leland Duck. Thomas T. Whitfield of Windsor, Virginia, appeared. Supervisor Turner asked Mr. Whitfield if this was untreated sewage. Mr. Whitfield said the sewage would be direct from septic tanks which would. go into a holding pond until the pond-gets full and is then dumped. into another pond for ninety days and distributed onto the land. Supervisor Bradshaw stated he was familiar with the lagoon which did not produce a lot of odor. Supervisor Turner questioned whether this had to be approved by the Health Department.. Mr. Whitfield replied yes. that the Health Department had been in on it from the beginning and that if he had to dump in Hampton Roads Sanitation District, it would cost $72.50 to unload 2,500 gallons which means $150 to pump a septic tank by the time it is unloaded in HRSD. Supervisor Edwards questioned whether there were any other governing bodies that Mr. Whitfield would have to acquire permits from. Mr. Whitfield stated he would have to go through. the Health Department, Water and Environmental, Planning and the Board of Supervisors. Chairman Bradby called for citizens to speak in opposition. Jesse D. Williams of Suffolk appeared and stated he was an adjoining. property owner speaking on behalf of other adjoining property owners. Mr. Williams continued that he had a degree in Agricultural Engineering from North Carolina State and training in lagoon design and construction. Mr. Williams stated he was not speaking against the lagoon as such, but against the specific site for the lagoon and urged the Board not to approve the Special Use Permit because of the high water table in the proposed area. He had talked with the Health Department who had indicated to him that they had looked at the site and could not approve the proposed site although they had found an alternate site they would approve if the lagoon was built above the ground level due to the high water. table. Vernon Land representing the Department of Utilities for the City of Norfolk stated the City of Norfolk was opposed because the lagoons could create a negative impact on Lake Prince if overflows occurred in the lagoons. Fred Bailey stated he met-with the Health Department last Friday who gave him an instruction book on the regulations governing such lagoons. Mr. Bailey continued that the two lagoons presented now have been cut in size by half and that he would have to get together with the Mr. Olson, the Sanitation Environmental Engineer, to discuss where to put the lagoons. Supervisor Edwards. asked Mr. Bailey if the Special Use Permit was approved by the .Board would Mr. Whitley have to go through a separate permitting process with the Health Department. Mr. Bailey stated the lagoons could not be built until the Health Department approves the plan which would be sent out in the next ten days. Mr. Bailey continued that another meeting would be .required with Mr. Olson and the soil scientist to determine where the water table is. Supervisor Turner stated there were plans and talk about a sewage system coming into Windsor and if the sewage system came into Windsor Mr. Whitley would then be in a position of doing away with lagoons.. Mr. Bailey stated there are many septic tanks throughout Suffolk, Surry and .Southampton Counties which would require pumping and that a sewage system coming into Windsor could not offer complete relief. Supervisor Ross asked the time limit from Norfolk Southern on the current lagoon located. there. Mr. Bailey stated they would not extend the time limit at all. Supervisor Bradshaw asked if the same techniques will be used for current operation. Mr. Whitfield stated the same techniques for. operation would be used at the new site. Supervisor Bradshaw moved the Board approve the. Special Use Permit of Adelaide S. Worrell. The motion carried (4-1) with Supervisor Turner voting in opposition to the motion and all the other members voting in favor. Chairman Bradby called for a public hearing on the following .request: The request of the Windsor Lions Club to hold a "Chick- a-que" at Fosters Pond which is located on Route 609,. Windsor Magisterial District, on Saturday., September 29, 1990. Chairman Bradby asked for citizens to speak in favor. W. H. Holland, .Chairman and. member of the Lions Club, aPPeared. Supervisor Turner moved the Board approve the request of the Windsor Lions Club. The motion passed by unanimous vote {5-0). // Chairman Bradby asked Herbert Jones to approach the. podium and read the following resolution: RESOLUTION OF APPRECIATION TO HERBERT L. JONES UPON THE OCCASION OF HIS RETIREMENT FROM PUBLIC SERVICE WHEREAS, Herbert L. Jones graduated from Virginia Tech with a .Bachelor of Science Degree in Agriculture Economics, and has since received a Masters Degree. in Adult Education; and, WHEREAS, Herbert L. Jones began his career in public service T; e~~K ~4 ~.:~:~ e~~ 4 as the County Extension Agent in November 1963; and, WHEREAS, Herbert L. Jones has served Isle of Wight County for these past twenty seven years in a variety of important capacities; and, WHEREAS, Herbert L. Jones has served with distinction as the Extension Agent, Coordinator of the Gypsy Moth Program, member of the Board of Directors of the. Virginia Peanut Growers Association, member of the Agricultural Soil Conservation .Service. County Committee, Secretary and Director of thePeanut Soil and Water Conservation District, member of the Paul D. Camp Agricultural Advisory Committee, Treasurer and Director of the Virginia County Agent Association, and Chief Damage Assessment Coordinator-for Ssle of Wight County Extension service; and, WHEREAS, Herbert L. Jones has submitted his resignation to be effective .August 31, 1990 and .shall always be regarded as an outstanding employee and friend and advisor to those involved, in local agricultural interests. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County that it extends its sincere appreciation to Herbert L. Jones for his many years of outstanding public service, and that he receive the best wishes from all the residents of Isle of Wight County for his future endeavors. BE IT FURTHER RESOLVED by the Board of Supervisors that a formal copy of this resolution be presented to Herbert L. Jones and be spread upon the minutes of the meeting of the Board of Supervisors of this date. Supervisor Turner moved the Board adopt said resolution. The. motion carried by unanimous vote (5-0). Chairman Bradby called for a presentation from the Social Services Board. Linda Bean, Director of Social Services, introduced the Chairman of the Isle of Wight County Social. Services Board, Colonel Oliver Wooster. Colonel Wooster stated that when Social Services first met with the Board in June relative to budget needs, the companion program was identified as a high priority which would allow disabled and elderly to remain in their homes as opposed to seeking nursing home care.. Colonel Wooster continued that in order to administer the program in Isle of Wight County, $161,000 was needed to expand from fifty to sixty individuals and would increase the hourly wage from $2.75 to $3.10. Colonel Wooster stated only $59,839 was received in State and local funding causing the Social Services Board to consider ways in which the program could. be reduced, although the primary concern was to ensure the well being and safety of existing clients. Colonel Wooster .stated that in order to meet all obligations, the companion program was restructured and requested the Directors to come up with a few companion program options. Colonel Wooster reported that the Director and her staff came up with twelve options selecting option #4 as follows: Add no new clients as participants or drop from the program; maintain rate of $2.75 for the forty providers; current funding would last 7.27.. months; total funds needed $99,528 of which $39,689 additional funds needed to support this option for twelve months. Colonel Wooster stated Social Services anticipated, based on these measures,, that they will need an additional $39,689 from the County contingency fund. Supervisor Edwards stated that when the Board approved the Budget, Ms. .Bean was out of town and the County Administrator stated he had worked up figures which indicated that the program could continue at current funding level and even expand to take on eoae ~4rw(:''U~J 5 additional people. Supervisor Edwards asked that now that Social Services has had the opportunity to review the projections.why is this figure different. Ms. Bean stated that the calculation has remained that. in order to .serve sixty people at twenty hours per week. at a cost of $3.10 per hour it would cos a total of $161,000 for the year and this f iqure has never changed; however, Social Services did not get from the State or local government the money needed to operate a $161,000 program. Ms. Bean continued that because of this, the Social Services Board went back and looked at several options for cutting the program, none of which would allow Social Services to operate a safe program for existing recipients on the amount of existing dollars received by State and local money. Ms. Bean stated that Social Services was therefore proposing a measure for cutting the program for the existing year. and phasing out. the program altogether. County Administrator Standish stated that when the Budget was adopted it appeared. at that time that there was more than enough. to grant not only a five percent raise to all employees but also expand the Social Services companion program. County Administrator Standish stated that he did not know what had changed since then, but in looking at the local funds in the Social Services budget for the current fiscal year, $75,187 has been set aside for services administration and $63,291 is set .aside for other administrative costs. If the local funding is allocated toward administrative expenses, it cannot. be utilized for the provision of services. County Administrator Standish. continued the Board may wish to table the matter and direct him to provide further information. Ms. Bean stated that if Social Services would have been able to get additional State funding, the money allocated from local dollars by the Board would have been more than sufficient to match the program allowing Social Services to offer the complete program. Supervisor Ross asked Ms. Bean how Social Services planned to phase out the companion program. Ms. Bean replied that there are two ways: the person's condition worsens and, they enter a nursing home or a person is last altogether. Chairman Bradby stated he would hate to see the Board deny the request of $39,689 from Social Services to continue the companion program for twelve months for the senior. citizens who are homebound and requested that the Board grant the request of Social Services. Supervisor Turner suggested that if the Board did approve the request from Social Services that the Board do so with the understanding that the program will be supported only for .this year to allow time for the program to be phased out.. Supervisor Edwards stated he was very upset that the County.. was looking at closing out a program which would provide services to sixty handicapped citizens. Supervisor Edwards continued that the County's problem was not a lack of money, but priorities, and that he was in favor of appropriating the $39,689 to Social Services. Supervisor Turner moved the Board table the request of Social Services for $39,689 for the companion program to allow time for Linda Bean to meet with the Social Services Board and the County Administrator and see what direction the State will. take. The motion passed by unanimous vote (5-O). // Chairman Bradby called for the Community Development report. r .; a ~flK 14 ~~,:~ f ~J 6 W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following applications for the Board consideration: The application of Steven Beaumont for a Conditional Use Permit to extend mobile. home approval for an additional twenty-four (24) 'months while, building a residence on 5.825 acres of land, located on the south side of Route 624, west of Route 10, in Hardy Magisterial District. Supervisor Turner moved the Board grant the request for the extension of Steven Beaumont. The vote in .favor was unanimous (5- O) . The application of James D. Kruger for a Conditional Use Permit to extend mobile home approval for an additional thirty-six (36) months while building a residence on 45 acres of -land, located on the west side of Route 649,. between Route 644 and Route 646, in Hardy Magisterial District. Supervisor Turner moved. the Board grant the request for the extension of James D. Kruger. The vote in favor was unanimous (5- 0) . W. Douglas Caskey, Assistant County Administrator/Community .Development, stated that at the July 5, 1990 meeting of the Board a report was made advising of the findings of the studies prepared by .David M. Griffith and Associates, Ltd. relative to the development of a fees study and preparation of a cost revenue analysis which focused on the County's development review process and respective fees which are collected for applications. Mr. Caskey continued that in the .agenda was a proposed user fee schedule. which. was developed- responsive to the development fee study completed by David M. Griffith and Associates, Ltd. intended to realistically reflect. the recommendations of the study. Supervisor Turner .moved the Board table action on the user fee schedule until the September 20, 1990 meeting of the Board of Supervisors. The vote in favor was unanimous (5-0). W. Douglas Caskey, Assistant County Administrator/Community Development, stated the County, since January 1977, has been exempted under State Statute by the Division of Mines Minerals and Energy in the area of controlling surface mining activities. Mr. Caskey continued that since that time, the County has assumed full responsibility from the Virginia Department of Mines Minerals and Energy for the enforcement of the County's zoning regulations and State standards and regulations applicable to excavation operations. Mr. Caskey reported that every two years .his department is required to submit a report detailing the County's activities over those two years and that this year the .report was lengthy requiring two to three weeks to accomplish because the. State is now requiring more specific information. Mr. Caskey continued that this year the State contacted his department to advise that a meeting would be required to discuss deficiencies pertaining to current zoning regulations as compared to the State. statute and Mining Mineral law and manual that is regulated by the Department of .Mines Mineral and Energy. Mr. Caskey stated he was concerned about the ability to meet State expectations and presented the following two alternatives: Upgrade the staff to meet the enforcement responsibilities associated with the waiver program or request removal from the exempt program by contacting the Department of Mines Minerals and Energy to advise of the County's voluntary removal under Chapter 16. County .Attorney stated he would brief .the Board on what had occurred in 1976. .County Attorney Crook advised the Board that in 1976 the Board of Supervisors requested an ordinance because the Qaes ~4 ~~;~ f C10 7 Board was not satisfied with State enforcement of State law concerning borrow pits. Mr. Crook continued that he drew up an ordinance and met -with the Department of Conservation and the Board in 1976 requested the waiver under Statute 45.1-197 which provides if the Director is satisfied that the County ordinance is as strong as the State Statute and the enforcement will be as strong or stronger than the State enforcement, then a waiver can be granted, .which was accepted by .the Board in 1977. Mr. Crook advised that since that time, the County has tried to keep the ordinance up with the State law as far as the State Statutes are concerned. County Attorney Crook continued that he thought the Board should ask the Director to terminate the waiver and get the benefit of the State enforcement on borrow pits and update the ordinance and keep it in effect. Supervisor Edwards moved the Board authorize preparation of a letter to the State Division of Mines Minerals and Energy requesting the elimination of the waiver of the County relative to State regulation. of borrow pits. The motion passed with all members voting in favor except Supervisor Turner who abstained (4- 0-1) . W. Douglas Caskey, Assistant County Administrator/Community Development, stated he had received formal notification from the .United States Department of Commerce, Bureau of the Census, of the post census local review counts. Mr. Caskey continued the notification was received on August 29, 1990 and the Census Bureau gives local jurisdictions fifteen working days in which to review the county data and respond if corrections are necessary. Mr. Caskey stated that in 1980, the census count for the County was 21,603 and showed approximately 7,653 housing units at an occupancy of 2.8 persons per housing unit and that in 1990, the Census projections indicated that there are 24,985 persons in the County and 9,736 housing units with 977 being vacant. Mr. Caskey stated that since 1980, this was a little over 2,000 additional housing units and a little over 3,300 persons increase according to the Census Bureau. Mr. Caskey continued that the County would be using the fifteen day window to do comparisons of the Census data because as part of the comprehensive planning effort and review of building permit data, it shows that since 1980 approximately 3.,300 building permits for new housing units whereas the Census Bureau is showing only 2,000 new housing units. County Administrator Standish stated that MSAG, the firm the County had retained to do the county mapping for the 911 system, had also collected the same kind of data and it may be worthwhile for the Board to expand their scope of .services and have them double check the .census data. County Administrator Standish advised that if the County could demonstrate that the population has grown more than the Census Bureau had indicated, this would provide the basis for a correction and possibly. create -more financial support from State and federal sources. Supervisor Turner moved the Board .authorize expenditures not to exceed $2,400 to have MSAG verify preliminary census data. The vote in favor was unanimous (5-0). W. Douglas Caskey, Assistant County Administrator/Community Development, stated he wanted to bring the Board up to date on the Chesapeake Bay Preservation Program.- Mr. Caskey continued that the document is now in final draft and the Planning Commission held a public hearing on August 14, 1990 and continued the public hearing to an evening work session which was held on August 23, 1990 and as a result, the consultant has- made modifications to the plan which is now in distribution. Mr. Caskey stated the Planning Commission has scheduled an additional work session for the evening of September 13, 1990 and it will .come to the Board for formal action possibly at the. first meeting in November. W. Douglas Caskey, Assistant County Administrator/Community .. Development, stated that MSAG has advised the County that the County is at a point in the process of the development of the Emergency 911 system that it is time to name private roads which serve at two or more residences -.and that this needs to be accomplished by early October. Mr. Caskey stated he would recommend setting a public. hearing at the September 20, 1990. meeting of the Board. Supervisor Turner moved the Board authorize County staff to advertise a public hearing relative to naming private streets for the September 20, 1990 Board meeting. // At 4:10 P.M., Supervisor Turner moved the Board continue the meeting until after the Public Service Authority meeting. The motion passed by unanimous vote (5-0). // At 4:50 P.M., upon returning to open session,.Chairman Bradby called for the County Attorney's report. It was noted-that County Attorney Crook was not present, as he had stepped out during the Public Service Authority meeting and had not returned, and County Administrator Standish suggested that he proceed with the County Administrator's report. // Chairman Bradby called for the County Administrator's report. Supervisor Turner moved the .Board adopt the following resolution: RESOLUTION TO APPROPRIATE TWENTY-FIVE THOUSAND FOUR HUNDRED TWENTY- FIVE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE WESTERN TIDEWATER REGIONAL JAIL WHEREAS, the Board, of Supervisors of the County of Isle of Wight, Virginia, has approved the construction of the Western Tidewater Regional Jail; and WHEREAS, the funds in the amount of .Twenty-Five Thousand Four Hundred Twenty-Five dollars ($25,425) need to be appropriated from the unappropriated fund balance to the Western Tidewater Regional Jail, construction line item in the 1990-91 budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Twenty-Five Thousand Four Hundred Twenty-Five ($25,425) from the. unappropriated fund balance be appropriated to line item 14-03- 033-3302-7016, Western Tidewater Regional Jail, construction in the 1990-91 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that. the County Administrator of the County of Isle of Wight, Virginia,. is authorized to make the appropriate accounting .adjustments in the budget and to do all the things necessary to give this resolution effect. The motion to adopt said resolution passed by unanimous vote (5-O). County Administrator Standish reported that in-the County's fiscal year 1990-91 capital budget, funds were appropriated for the acquisition. of a new refuse collection vehicle for the Public Works Department and recommended that the Board accept the low bid in the amount of .$101,404 and authorize County staff to enter into a contract for the acquisition.. BAnK ~`t rF'•`U'>~ 9 Supervisor Turner moved the Board accept the low bid in the amount of $101,404 and authorize County staff to enter into a contract for the acquisition. The motion passed by unanimous vote (5-0). County Administrator Standish stated that previously the Board had selected a committee to meet with a committee of the-Town of Smithfield to reach a consensus on the design of the telephone company's .911 equipment which has been accomplished. County Administrator Standish continued what has been proposed is a primary secondary system with all incoming emergency 911 calls to the Sheriff's Department with those. uniqueto Smithfield to be transferred to the Town of Smithfield. County Administrator Standish stated that if one system were to go down, the other would back it up, creating protection, and recommended execution of a contract which would provide for a primary secondary system. Supervisor Turner moved the Board approve the contract. The motion carried unanimously (5-O). County Administrator Standish stated that the Board had previously directed that he talk with the Durrant Group, .the proposed architect for the courthouse master plan and renovations to attemgt to persuade the Durrant Group to reduce their fee. County Administrator Standish reported that the Durrant Group responded that they are not comfortable with reducing their fee and it would have to remain at 9$. County Administrator Standish continued that the Board's .further direction was to settle the $51,238 of which 20$ is the termination fee and asked the Board whether they wanted to pay the $51, 238 and select another architect for the renovations. r Supervisor Turner questioned if the County could save the termination fee if the County decided not to terminate and continue with the Durrant Group at 9$ on the renovations. County Administrator confirmed that there would be no termination fee if the County chose not to terminate the contract and continue with the renovations via reduced scope of services at the nine. percent fee. Supervisor Turner moved that the Durrant Group be retained with the understanding that Isle of Wight County not be charged a termination fee and that Isle of Wight County have a 9$ charge on the new project with no other charges involved. The motion passed by unanimous vote (5-0) // Chairman Bradby called for the County Attorney's report. County Attorney Crook advised that he had no business for public discussion, but would request an Executive Session later in the meeting. // Chairman Bradby called for New Business. Supervisor Edwards stated that he would like to have an ordinance drafted and a public hearing to allow for a special hunting season for using muzzle-loaded rifles. Supervisor Turner moved that the Board direct the. County Attorney to prepare an ordinance and advertise it for a public hearing. The motion passed by unanimous vote (5-0). Supervisor Turner stated that he had spoken with County Attorney Crook regarding the underground wiring required by the r T; l~ ~~~K 14 ~~,:~ ~.~.~ io County for utilities. Supervisor Turner stated this has been sent to the Planning Commission and requires a change in the zoning and. subdivision ordinances and asked .County Attorney Crook how this could be handled. County Attorney Crook advised the Board that the Planning Commission had met twice and he had prepared an amendment which was sent to the utility companies who gave a negative response. County Attorney Crook further advised that the committee then met with the utility companies .and a report fs expected to the Planning Commission at their next meeting. County Attorney Crook stated that there was nothing the Board .could do at this time because it requires amending the. zoning and subdivision ordinances and at this point there has not been an agreement on the wording of the amendment. County Attorney Crook stated he had proposed with the Planning Commission committee to grant an exception involving long distances from the road provided that if the property in between. developed, it would .have to go underground and also an exception for farming and industrial wiring. Supervisor Bradshaw stated he had asked County Attorney Crook to prepare an ordinance to cut back on the business license tax. County Attorney Crook stated that Supervisor Bradshaw did not request an ordinance, but simply asked the County Attorney to look into what could be-done and that he had written a letter to the Commission of Revenue requesting a study on what the. County would lose in revenue if-the County went to a uniform 10$ rate. County Attorney Crook stated he had not received a response from the Commissioner of Revenue yet, but when he is in receipt of the study, he will be able to show the Board what the lost revenues would be if the Board should qo to a uniform rate of 10$. // Chairman Bradby called for Old Business. An Ordinance to Amend the Ordinance to Provide Standards for Naming streets (Tabled May 3, 1990) County Attorney Crook advised the Board that. this ordinance was tabled because the Board wanted to get the name changes for streets done before this ordinance came into effect because it increases the fees and requirements to name the streets. County Attorney Crook stated that he has spoken with W. Douglas Caskey, Assistant County Administrator/Community Development, and in view of the Board's action on private roads tonight, County Attorney, Crook suggested the Board may wish to table the above ordinance for at least thirty days while the Board takes care of the private road names. Supervisor Ross moved the Board table the Ordinance to Amend the Ordinance to Provide Standards for Naming Streets to the October 4, 1990 meeting of the Board of Supervisors. .The: motion. passed by unanimous vote (5-O). // Chairman Bradby called for Appointments.. Supervisor Ross stated that he had been unable to complete his conversation with Robert W. Manley and moved that Robert W. Manley ~ be recommended by.the Board to the Circuit Court for appointment to the Equalization Board subject to his acceptance. The motion passed.. by unanimous ,vote (5-0). // Chairman Bradby called for approval of the August 2, 1990. minutes and the June 19, 1990. continued meeting minutes. EOQK ~~ r~!:'~'J~Z 11 Supervisor Edwards stated he wanted to amend Page 4, Paragraph 11, of the August 2, 1990 minutes to include that he had requested Mr. Neblett to check into cleaning out the ditches on Route 258 between the Courthouse and Highway 652. Supervisor Turner moved the Board approve the August 2, 1990 minutes, as amended, and. June 19, 1990 minutes. The motion passed by unanimous. vote (5-0). 1/ County Attorney .Crook requested an Executive Session fora consultation with legal counsel and staff members concerning actual litigation pursuant to Section 2.1-344. A7 of the Freedom of Information Act, specifically .the Keusal versus the Board of Supervisors case. At 5:25 P.M., Supervisor Turner moved the Board qo into Executive Session for the reasons stated by County Attorney Crook. At 5:45 P.M., upon returning to open session, Supervisor Edwards moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors. that such executive meeting was conducted in conformity with Virginia law; NOW,. THEREFORE, BE IT RESOLVED .that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion. convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion to adopt said resolution passed by unanimous vote (5-0). Supervisor Ross moved the Board deny the Keusal versus Board of Supervisors claim as presented in the letter of August 17, 1990 as received by the County Administrator. as Clerk of the Board on August 20, 1990 outlined in the Bill of Complaint filed August 20, 1990. ~~ Chairman Bradby read a note from the Hubert family acknowledging appreciation for expressions of sympathy. County Administrator Standish informed the Board that the wife of Elsey Harris, Smithfield Town Manager, had passed away.