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05-19-1994 Regular Meetingj eoeN . 15 t~,~'712 REGULAR MEETING OF THE ISLFi OF . ~ A OF MAYY INBTHE YEAOR SUPERVISORS HELD THE r~TEE~ D NINETEEN HUNDRED NINETY FOUR PRESENT: O. A. Spady, Chairman Malcolm T, Cofer, Vice Chairman Henry H. Bradby Phillip A. Bradshaw Steve W. Edwards Also Attending: H. Woodrow Crook, Jr., County Attorney Myles E. Standish, County Administrator W. Douglas Casket', Assistant County Administrator/Community Development Donald T. Robertson, Assistant to the County Administrator Carey H. Mills, Assistant Clerk Chairman Spady called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Edwards. // Chairman Spady called for Citizens Comments. Linda Bean, Director of Social Services, stated due to supplemental allocations, Social Services will be unobligating $51,509.41 in local money. Ms. Bean continued, of that amount, Social Se oi~ es Nlsu Bean~stat dh n $4,423.50 be reallocated for foster care preven September of 1989, and annually thereafter, Social Services has been awarded a Foster Care Prevention grant with no Local match required. Ms. Bean continued these funds are used to hire a 7~-hour a week Grant Coordinator to provide in-home services to families with children at risk of entering foster care. Ms. Bean stated to date, 23 families have been served with a total of 64 children, of which only four actually came into care. Ms. Bean further stated last week she learned that beginning with FY1995 the $17,694 State grant dollars will now require a 20% local match. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SEVENTEEN THOUSAND SIX HUND H DO NINET N O N OLLARS FROM THE COMMONWE APPROPRIATE FOUR THOU NAP~PROPRIATED FFUND B LANE ~ DOLLARS FROM THE U WHEREAS, the Department of Social Services of the County of Isle of Wight, Virginia has received funds from the Commonwealth of Virginia for foster care prevention. WHEREAS, the funds in the amount of seventeen thousand six hundred ninety four dollars ($17,694) from the Commonwealth of Virginia, and four 1 1 eoe~ ~.5:..:713 thousand four hundred twenty four dollars ($4,424) from the unappropriated fund balance need to be appropriated to the foster care prevention line item in the 1994-95 Department of Social Services budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seventeen thousand six hundred ninety four dollars ($17,694) to be received from the, Commonwealth of Virginia, and four thousand four hundred twenty four dollars ($4,424) from the unappropriated fund balance be appropriated to the foster .care prevention line item in the 1994-95 Department of Social Services budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for .the grant and tv do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Kevin Kennedy and Terry Harrison from the Zuni Boy Scout Troop were introduced to the Board by Supervisor Bradshaw. // Chairman Spady called for Transportation Matters. Mac Neblett, Resident Engineer, Virginia Department of Transportation, reported additional work has been accomplished on Route 1603, Carver Road area and the ditches have been cleaned along Routes 58 Business and 632. Mr. Neblett reported Route 616, Lee°s Mill Road, can be added to the Six-Year Secondary Improvement Plan in 1996 and will continue to be maintained by VDOT in the interim. Mr. Neblett stated regarding the Comprehensive Stormwater Drainage Study, VDOT periodically clears and cleans the ditches on the secondary and primary systems in the County on an as-needed basis, approximately every five to eight years. Mr. Neblett stated in previous years VDOT has rented aself-loading truck ditcher and a walking excavator for cleaning drainage ditches, however, VDOT intends to purchase both pieces of equipment in 1995. Mr. Neblett stated the repaving of Route 58 Business between Suffolk and Franklin .has. again been placed in the 1995-96 paving schedule, however, such projects are scheduled by the District office and accomplished on a district-wide need. Supervisor Bradshaw moved the Board direct the County Administrator to send a letter #o the District. Engineer of VDOT requesting 2 9~~K ~~ i~~;s~~~ maintenance of Route 58 Business due to deterioration. The motion was adopted unanimously (5-0). . Henry Bell requested a status report on Route 681, Raynor Road. County Attorney Crook stated Supervisor Bradby supplied him the name and phone number of an individual familiar with the heirs; however, to date, his office has been unsuccessful in contacting this person by phone. Supervisor Bradby stated he would make an appointment with the County Attorney and bring the individual in to discuss the matter.. Supervisor Edwards requested a status report~on Routes 609 and 610. Mr. Neblett stated improvements to Route 609 can be accomplished by either placing it in the Six-Year Plan or via the adjacent landowners through donation of the necessary .right-of- determine .which trees are regarding Route 610, VDOT will first need to located on the State right-of-way and which are located on private property: Mr. Neblett stated he would suggest a project be setup in the next revision of the Six-Year Plan regarding the. widening of the .shoulders and improvement to the curves. // Chairman Spady called for the Community Development report.. W. Douglas Caskey, Assistant County Administrator/Community Development, stated he had no items for discussion by the Board. // Chairman Spady called for the County Attorney's report. County Attorney Crook stated the SEVAMP attorney has agreed to his recommended changes in the annual contract which he now recommends to the Board for consideration. Supervisor Cofer moved the Board approve the SEVAMP contract and authorize the Chairman to sign same. The motion was adopted unanimously (5-0). In response to Supervisor Bradshaw's earlier inquiry regarding the Industrial Development Authority members, County Attorney Crook advised there are currently one member from each election district and two at-large members from the Town of Smithfield. Mr. Crook stated the bylaws and State statute allow seven members and do not specify that the members be from any particular election district. Mr. Crook stated the next member's term to expire is Carroll E. Keen, Jr., representing the Newport District. County Administrator Standish requested the County Attorney to 1 1 -~ J 1 3 eoo~ .~5 ~~~~715 elaborate on the procedures. for which a meals, tobacco, and admissions tax could be implemented in the County. County Attorney Crook stated the State statute allows for admissions taxes in Fairfax, Arlington, Dinwiddie and Prince George Counties. Mr. Crook further stated in order for the County to be added to the State statute the Board must request the General Assembly to add the County to that statute. County Attorney Crook stated regarding the tobacco tax, Fairfax and Arlington Counties are the only counties in the State of Virginia that have the power to levy tax upon the sale or use of cigarettes. Mr. Crook further stated in order for the County to have a cigarette tax, the Board mutt request the General Assembly to add the County to that statute. County Attorney Crook stated the County previously had a referendum on a meals tax which failed. Mr. Crook further stated a meals tax is allowed in any county in which a referendum is passed in favor of the tax. Mr. Crook stated the Board could adopt a resolution requesting the court to direct that a referendum be held at the next election on a food tax, but this must be done at least sixty days before the election for which the order is entered. Supervisor Cofer moved the Board direct the County Attorney prepare a resolution for consideration at the Board's June 16, 1994 meeting. The motion was adopted unanimously (5-0). County Attorney Crook stated he met with .Clarice Gwaltney regarding her complaint at the Board's April 21, 1994 meeting and he would discuss the matter further in an .executive session later in the meeting. County Administrator Standish stated the Windsor Woods, Town of Windsor and Isle of Wight County water agreement is an arrangement to serve a proposed new subdivision in the County by the Town water system. Mr. Standish stated the developer has agreed to pay apro-rata share of the cost the Town will incur and the County will be the owner of the water system. He stated that the County Attorney had prepared the agreement which is now ready for Board approval. Supervisor Edwards moved the Board approve the Windsor Woods, Town of Windsor and Isle of Wight County water agreement. The motion was adopted unanimously (5-0). // Chairman Spady called for the County Administrator's report. Lynn P. Harris, Economic Development Director, stated in 1992 the County became eligible through the Economic Development Administration to qualify as a redevelopment district. Mrs. Harris stated in order to become a redevelopment district an Overall Economic Development Plan must be developed, which was accomplished by a committee, and is now 4 BO^N ~5 +~s=~ (1V being submitted to the Board for their review and endorsement. Mrs. Harris stated after the County acquires EDA certification, it will be eligible for grant funding. Supervisor Bradshaw moved the Board approve the Overall Economic Development Plan. The motion was adopted unanimously (5-0). Merri L. Fraser, Victim and Witness Assistance Director, stated the , Victim and Witness assistance program is designed to serve the needs of crime victims within the County and the Town of Smithfield. Ms. Fraser further stated the County is one of 32 jurisdictions in Virginia receiving grant funds which will now require a 10% cash match. Ms. Fraser stated in the past 80% of this program's funding was from the Victims of Crime Act administered through the State with 20% of the funds corning from the Commonwealth of Virginia. Ms. Fraser stated in addition to the required 10% cash match for 1994, there will also be a 10% requirement for 1996 and a 20% requirement in 1997 and each year thereafter. Supervisor Edwards moved the Board adopt the following resolution: RESOLUTION TO APPROVE THE DEVELOPME W TNESS pSS STANCE OF A GRANT APPLICATION FOR THE VICTIM/ PROGRAM AND TO ACCEPT AND APPROPRIATE THIRTY SEVEN THOUSAND TWO HUNDRED SEVENTY FIVE DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is approving the development and submission of an application for a grant from the Commonwealth of Virginia Department of Criminal Justice Services for the Victim/Witness Assistance Program; and, WHEREAS, the funds in the amount of thirty seven two hundred seventy five dollars ($37,275) or as much as shall be received from the Commonwealth of Virginia Department of Criminal Services need to be appropriated to the Victim/Witness Assistance Program line item in the 1994-95 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 thirty seven two hundred seventy five ($37,275) or as much as shall be received from the Commonwealth of Virginia Department of Criminal Justice Services be appropriated in the 1994-95 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that three thousand seven hundred twenty seven dollars and eighty cents ($3,727.80) be appropriated from the unappropriated fund balance to the Victim Witness Assistance line item in the 1994-95 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary 5 80QN 15.:^~:~717 to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROVE THE DEVELOPMENT AND SUBMISSION OF A GRANT APPLICATION FOR THE OFFICE ON YOUTH AND TO ACCEPT AND APPROPRIATE TWENTY 'T'HREE THOUSAND FIVE HUNDRED DOLLARS OR AS MUCH AS SHALL BE RECEIVED FROM THE CONIMONWEALTH OF VIRGINIA DEPARTMENT OF YOUTH AND FAMILY SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia is approving the development and submission of an application for a grant from the Commonwealth of Virginia Department of Youth and Family Services for the Office on Youth; and, WHEREAS, the funds in the amount of twenty three thousand five hundred dollars ($23,500) or as much as shall be received from the Commonwealth of Virginia Department of Youth and Family Services need to be appropriated to the Youth Services line item in the 1994-95 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 three thousand five hundred ($23,500) or as much as shall be received from the Commonwealth of Virginia Department of Youth and Family Services be appropriated in the 1994-95 budget of the County of Isle of Wight. BE I'T FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION REQUESTING SENATOR CHARLES ROBB TO CO-SPONSOR. S. 993 IN THE SENATE OF THE UNITED STATES WHEREAS, S. 993 has been introduced in the Senate of the United States by the Honorable Dirk Kempthorne of Idaho; and, WHEREAS, Senator Kempthorne's S. 993 will require the federal government to pay for the mandates that they impose on state and local governments and establish a fiscal note process so that when Congress votes on various measures affecting state and local governments, the members of Congress are aware of the fiscal impact; and, WHEREAS, S. 993 is the most significant and far-reaching unfunded 6 mandates legislation ever introduced in the .Congress of the United States; and, WHEREAS, as of May 1, 1994, Senator Kempthorne's bill had received 54 out of 100 Senate co-sponsors; and, WHEREAS, Senator John Warner of Virginia has already displayed his commitment to this issue by signing on to S. 993; and, WHEREAS, although Senator Charles Robb has communicated his concern about unfunded mandates and has indicated that he "fully endorses the concept of identifying and restricting unfunded federal mandates," to date he has declined to co-sponsor S. 993; and, WHEREAS, a recent NACo survey estimated that a minimum of 12 percent of local budgets support unfunded federal mandates; and, WHEREAS, unfunded federal mandates regularly force local tax increases and/or service cutbacks, restrict the rights of state and local voters and officials to determine their own priorities, and allow the Congress to avoid direct responsibility for increasing taxes; and, WHEREAS, the Constitution of the United States guarantees a federal, state and local partnership and unfunded federal mandates undermine the responsibility of the state and local level; and, WHEREAS, S. 993 is endorsed by the National Association of Counties, the United States Congress of Mayors, the National League of Cities, the National School Boards Association, the National Governors Association, the Council of State Governments, and the National Conference of State Legislatures; and, WHEREAS, reduction and elimination of unfunded mandates is the number one priority of the Virginia Association of Counties; and, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia implores Senator Charles Robb to demonstrate his concern about unfunded mandates to the local governments of the Commonwealth of Virginia by immediate co-sponsorship of S. 993. The motion was adopted unanimously (5-0}. County Administration staff was requested by Supervisor Bradshaw to provide a status report on the updating of the E-911 response book. Mr. Caskey stated at the time the E-911. system was implemented, a E-911 response manual was also developed which is updated on a semi- annual basis. Mr. Caskey stated the system is maintained by MSAG Data Consultants which is submitting their bill for these changes. Chairman Spady requested staff provide the Board with a total number of changes by MSAG at the next billing. 1 7 Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE SIX THOUSAND TWENTY-FIVE DOLLARS FROM THE CURRENT FISCAL YEAR E911 REVENUE FOR E911 EXPENDITURES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved expenditures for E911; and, WHEREAS, the funds in the amount of six thousand twenty-five dollars ($6,025) need to be appropriated from the .current fiscal year E911 revenues to the E911 fund in the 1993-94 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 six thousand twenty-five dollars ($6,025) be appropriated to the E911 fund in the 1993-94 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 was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWO THOUSAND DOLLARS FROM THE. COMMONWEALTH OF VIRGINIA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES WHEREAS, recycling and reusing materials such as plastics preserves natural resources and conserves energy; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a grant. from the Commonwealth of Virginia Department of Agriculture and Consumer Services for continuation of the Pesticide Container Recycling Program; and, WHEREAS, the funds in the amount of two thousand dollars ($2,000) from the Commonwealth of Virginia Department of Agriculture and Consumer Services need to be appropriated to the Pesticide Container Recycling Program line item. in the 1993-94 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two thousand dollars ($2,000). to be received from the Commonwealth of Virginia Department of Agriculture and Consumer Services be appropriated to the line item for the Pesticide Container Recycling Program in the 1993-94 budget of the County of Isle of Wight. 8 ti, e~~~ 15.n~:.7?0 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all things necessary to give this resolution effect. The motion was. adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIXTY SIX THOUSAND DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE REFUND OF HEALTH INSURANCE PREMIUMS WHEREAS, the School Board of the County of Isle of Wight, Virginia has received a refund for the refund of health insurance premiums; and, WHEREAS, the funds in the amount of sixty six thousand dollars ($66,000) need to be appropriated to the School's operating budget in the 1993-94 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight,. Virginia that sixty six thousand dollars ($66,000) be appropriated to the School's operating budget in the 1993-94 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. The motion passed (4-0) with Supervisor Cofer abstaining stating that he may have a conflict of interest. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE SIX HUNDRED FORTY-TWO DOLLARS FROM THE FEDERAL GOVERNMENT FOR THE CHAPTER II PROGRAM WHEREAS, the School Board of the County of Isle of Wight, Virginia has received a carryover grant for the Chapter II Program; and, WHEREAS, the funds in the amount of six howl drantafund in theo 993 94 ($642) need to be appropriated to the Scho g budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that six hundred and forty-two dollars ($642) be appropriated to line item Chapter II Program in the 1993-94 budget of the County of Isle of Wight, Virginia. l 9 eoe~ 15 ~..:~721 EE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND ~ FI~~ DOLLARS ONE THOUSAND NINE HL7NDRED A FROM TH ON ~ 9 ~ E~ HOOL GRANT PROGRAM FOR THE SECTI WHEREAS, the School Board of the Co ~ otn 6 9 PreschoogGrant Program; received approval for a grant for the Se and, WHEREAS, the funds in the amount of one thousand nine hundred and fifty dollars ($1,950) need to be appropriated to the School grant fund in the 1993-94 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that one thousand nine hundred and fifty dollars ($1,950) be appropriated to line item Section 619 Grant Program in the 1993-94 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this grant and to do all the things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY NINE THOUSAND NINE. HUNDRED THIRTY-FOUR DOLLARS FROM .THE COMMONWEALTH OF VIRGINIA AND THE FEDERAL G MS RNMENT FOR SOCIAL SERVICES DEPARTMENT PROGRA WHEREAS, the Social Services Department h niareandethedFederal allocations from the Commonwealth of Virg Government; and, WHEREAS, the funds in the amount of twenty nine thousand nine hundred thirty-four dollars ($29,934) to be received from the Commonwealth of Virginia and the Federal Government need to be appropriated to the Social Services Department 1993-94 budget of the County of Isle of Wight. NQW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board 10 BO~a l~ :e;r 1 ~~. of Supervisors of the County of Isle of Wight, Virginia that twenty .nine thousand nine hundred thirty-four dollars ($29,934) to be received from the Commonwealth of .Virginia and the Federal Government be appropriated to the following line items in the 1993-94 budget of the County of Isle of Wight. FEMA $ 3,422 Independent Living $ 3,038 Community Based Foster Care Prevention $17,694 Supplemental State/Federal Allocation $ 5400 Day Care Provider Recognition ~ BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the d Po do all the things adjustments in the budget for these allocations an necessary to give this resolution effect. The motion was adopted unanimously (5-O). Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPT DOLLARSFO pM OE SAND FIVE HUNDRED FORTY-EIGH CONIMONWEALTH OF VIRGINIA AND D PARTMENT PROGRAMS FOR CARRYOVER SOCIAL SERVICE WHEREAS, the Social Services Department has received carryover allocations from the Commonwealth of Virginia and the Federal Government; and, WHEREAS, the funds in the amount of four thousand five hundred forty-. eight dollars ($4,548) to be received from the Commonwealth of Virginia and the Federal Government need to be appropriated to the Social Services Department 1993-94 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, ~ it bie i received r froms the five hundred forty-eight dollars ($4,548) Commonwealth of Virginia and the Federal Government be appropriated to the following line items in the 1993-94 budget of the County of Isle of Wight: Child Care Quality Enhancement Independent Living $2,145 2,403 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appo doaall the things adjustments in the budget for these allocations and necessary to give this resolution effect. The motion was adopted unanimously (5-0). County Administrator Standish stated based upon the letter from Harry Frazier, bond counsel, the Board could direct that the earnings from the 1990 bond issue be credited to the general fund. 1 ~l 11 aoeN ~5:~-:r7~3 Supervisor Bradby moved the Board credit the remaining funds to the general fund, by resolution. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION RECOGNIZING MAY AS SENIOR CITIZEN MONTH WHEREAS, the senior citizens of Isle of Wight County contribute invaluably to the growth and achievement of our community through their spirit, dedication and talent; and, WHEREAS, it is recognized that the senior members of this community, through their skills and experience, are recognized as resource, and do rightfully deserve our collective awareness; and, a most important appreciation and WHEREAS, the month of May is universally recognized as Senior Citizen Month in Isle of Wight County and all citizens are urged to join in recognizing and honoring the lifelong citizens who make Isle of Wight County a most important place to live. The motion was adopted unanimously (5-0). County Administrator Standish stated SPSA staff has received a commitment for up to $300,000 at 5.7% interest for additional refuse convenience sites. County Administrator Standish stated he is reviewing additional sites. Supervisor Bradby moved the Board direct the County Administrator to advise SPSA that the County concurs with an amount of $300,000 at 5.7% for additional sites. The motion passed (4-0) with Supervisor Bradshaw absent at the time of the vote. County Administrator Standish noted $13,549.25 was collected for the month of April, 1994 by the County's delinquent tax attorney at a cost of $2,464.47 which represents 18% of the amount collected. County Administrator Standish stated a meeting was held by the Windsor and Isle of Wight Rescue Squads and the County's representative to the Tidewater Emergency Medical Services ITEMS) who are asking that the Board allocate $540 as the Couni~s match to acquire a mass casualty trailer. County Administrator Standish stated the rescue squads and TEMS are proposing that they pursue additional grant dollars to outfit the trailer and if local dollars are necessary they would seek same from private sector contributors in the County. Supervisor Bradby moved the Board authorize participation and direct the County Administrator to commit .$540 out of the existing budget to participate in the Program. The motion was adopted unanimously (5-0). // At 7:00 p.m., .Supervisor Cofer moved the Board amend the order of the agenda to hear the following public hearings: A. FY1994-95 Secondary Roads Construction Budget 12 89~~ ~5::ss72~t Mr. Neblett stated the public hearing tonight represents the first year of the Six-Year Improvement Plan which was adopted at the Board's .April 21, 1994 meeting. Mr. Neblett stated the funds available in the FY1994-95 for improvement of secondary roads in the County is $1,217,091 of which $69,000 was applied to County-wide items and includes drainage in the Town of Windsor, road improvement proje amou t of $354,92493,167 and unpaved road improvement protects m th Chairman Spady called for citizens to speak in favor of or in opposition to the proposed budget. Upon no one appearing, Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved the Board adopt the following resolution: A RESOLUTION ACCEPTING AND APPROVING THE ISLE OF WIGHT COUNTY PRIORITY LIST AND 1994-95 CONSTRUCTION BUDGET WHEREAS, the Isle of Wight County Board of Supervisors and the Virginia Department of Transportation held a public hearing on May 19, 1994 to solicit citizens' comments and recommendations concerning the County's Priority List and the 1994-95 Secondary Construction Budget; and, WHEREAS, comments and recommendations received from the aforementioned hearing do not warrant changing the County' Priority List and Secondary Construction Budget. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County does hereby accept and approve the Count}~s Priority List and the 1994-95 Secondary Construction Budget, hereto attached, and made a part hereof, reference there to being hereby specifically made, which contains construction projects and railroad protection projects as presented to the Board. The motion was adopted unanimously (5-0). B. An Ordinance to Amend the Isle of Wight County Code to Reduce the Exemption from Taxation for Certified Pollution Control Equipment and Facilities from 100 Percent to 50 Percent Chairman Spady called for citizens to speak in favor of or in opposition to the proposed ordinance. Jon Woltman, Counsel for Union -Camp Corporation, appeared in opposition stating that the County's present ordinance is unique in that it encourages good environmenta~ Woltman st ted he u~rent ordinance development at the same time. M is a factor in Union Camp's decision-making process for capital investments in the County and urged the Board to continue with the current ordinance as it now reads. Robert Manly, Executive Vice President, mmlions ldof o dollarsat of pollution abatement equipment represents 13 80^K ~5 ~:;;'72:~ expenditures faced each year and the pollution abatement exemption means hundreds of thousands of dollars to Smithfield Foods. Mr. Manly further stated the pollution abatement tax exemption keeps businesses on par with other localities in terms of economic development and in balance relative to sales tax exemptions. Mr. Manly stated it will reflect upon the County's ability to attract new business coming in as well as a hinderance to existing businesses. Chairman Spady closed the public hearing and called for comments from the Board. County Attorney Crook stated the Board previously inquired from the Commissioner of the Revenue as to what was involved in tax dollars if this reduction of .the exemption was adopted. Mr. Crook stated the Commissioner of Revenue indicated that the amount cannot be determined because pollution control equipment is not assessed for tax purposes. Mr. Crook stated it would seem to him that further study is needed before the Board reduces the exemption arbitrarily to 50%. Chairman Spady stated the Board should know how much property. is involved before any decision is made and moved the Board table the matter until the September 15, 1994 meeting for further study. The motion was adopted unanimously (5-0). C. The application of Howard A. Layden Jr. and Bobby Layden to amend Conditional Business General zoning of 2.05 acres of land located on the east side of Carrollton Boulevard (Route 1~ between Sugar Hill Road (Route 661) and Laurelwood Drive in Newport Magisterial District. The request is to allow sales and service of used motor vehicles and a detached sign in addition to the present uses .allowed on the site which are boat and trailer sales and a manned office. Ken and Tom Kirk appeared on behalf of the applicants and stated. the property is .now zoned for boat and trailer sales and a manned office, but they- would like to add used car sales, and minor servicing. Mr. Kirk stated VDOT has reviewed the entranceway which must be~widened and a septic permit has been approved. Mr. Kirk stated there is an existing building adequate for DMV's requirements for used car sales. Mr. Kirk stated in the future he would like to install a sign which meets .the local zoning ordinances. Upon no one else appearing, Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board approve the application of Howard A. Layden Jr. and Bobby Layden subject to the proffered conditions. The motion was adopted unanimously (5-0). D. The application of H. W. Roberson Company, Inc. for a change in zoning classification from Conditional Business General (C-B1) to Conditional Residential General (C-R2) approximately thirty (30) acres of land located on the north side of Canteberry 14 8A^K ~5 •ar.'~2~ Lane, east of BennsChurch Boulevard and west of Huntington Way in Newport Magisterial District.. The purpose of the application is for no more than 44 single family residences. Chairman Spady called for citizens to speak in favor of or in opposition to the proposed application. Gary L. Berland, President, H. W. Roberson Company, Inc., appeared in favor and read the following proffers into the record: 1. No more than 44 single family detached residential building lots. 2. Public utility service will be provided as required by the County. 3. House-to-house trash and garbage collection at least weekly by private contractor at homeowner's expense. 4. Property to be controlled by a comprehensive restrictive covenants, subject to approval by the County. The restrictive covenants shall be approved by the County prior to the approval of any subdivision plat. 5. Entrance into development will be off Canteberry Lane directly opposite Wimbledon Lane. 6, Minimum lot area to be 15,000 square feet. 7. The developer agrees to refrain from rezoning other commercial properties within the Waterford development to residential use. 8. The developer and any assignee are bound by all proffers mentioned herein and neither the developer nor any assignee shall contest the legal enforceability of any of these proffers in court or otherwise. 9. Commitment to donate property in the form of a cash proffer in the amount of $1,200 per lot to cover expenses that will be absorbed by the County. County Attorney Crook asked Mr. Berland what were the minimum lot sizes in the property that was already being developed for residential. Mr. Berland replied the existing property is zoned C-R1 and consists of a minimum lot size of 15,000 square feet. County Attorney Crook asked if the density would be greater in the proposed lots than in the existing Waterford Oaks Subdivision. Steve Romeo, Langley & McDonald, stated the existing density for Waterford Oaks is 1.2 units per acre and the density for the proposed lots is 1.7 dwelling units per acre. Mr. Romeo stated that although a detailed study of the number of lots just meeting the minimum criteria for the proposed section has not been done, he would estimate six to eight lots are i~ Lam' 15 80nK ~5 ~.;t~4~ 15,000 square feet or above with the remaining lots being considerably larger. County Attorney Crook stated the Planning Commission was concerned about the failure to complete the proffers dealing with the berm and the fence between the developer's property and the adjoining property owner. Mr. Berland stated the fence has now been completed and the berm will be completed with landscaping in the residential area by June 15, 1994. Tom Jordan, a resident of Waterford Oaks, asked if the proposed section would be called Waterford Oaks or be a separate section. Mr. Berland replied. this would be a separate section called Waterford. In response to Mr. Jordan°s question if the homes would have a slab or raised foundation, Mr. Berland replied the homes will most likely have a crawl space with a minimum square footage of 1,200 to 1,500 square feet for ranchers and 1,800 square feet for .two-story homes. Sammy McMillian, a resident of Waterford Oaks, requested information on the difference between R-1 and R-2 zoning. Mr. Caskey stated both the existing section of Waterford Oaks and the proposed section of Waterford will contain single family detached residences. Mr. Caskey stated regarding lot areas, Mr. Berland has proffered that he will maintain the same minimum lot area requirement in the proposed section as the existing section. h1r. Caskey stated R-2 zoning normally provides for a minimum lot size of 10,000 square feet, although Mr. Berland has proffered that the lot sizes will be a minimum of 15,000 square feet. Mr. Caskey stated the minimum lot width requirement in the existing section is 100 feet and 45 feet on cul-de-sacs,. however, in the proposed section the minimum lot width will be 80 feet and 36 feet on cul- de-sacs. Mr. Caskey stated the minimum front yard setback in the existing section and the proposed section is 35 feet, however, the existing section typically is measured 100 feet back and the proposed section is measured 80 feet back. Mr. Caskey stated in the existing section there is a side yard set back requirement of 15 feet with a minimum aggregate, counting both sides, of 35 feet, however, in the proposed section the. minimum side yard set back is 10 feet, and the minimum aggregate setback is 25 feet. Mr. Caskey stated the rear yard set back in the existing section is 35 feet and the minimum rear yard set back in the proposed section is 25 feet. Ralph Herzone, a resident of Waterford Oaks, stated if Mr. Berland would apply for R-1 zoning instead of R-2 this which would help alleviate concerns of residents in Waterford Oaks. Mr. Berland replied the reason for requesting R-2 zoning is because of the lot frontage. Tom Jordan appeared in opposition stating the Waterford section is located at the entrance to Waterford Oaks and be believed it should contain the same theme. Phillip Edwards, an adjoining property owner, stated the fence has not been completed because it has not been taken to the edge of the creek and 16 80QK ~~ %A!:c~~0 the repairs that have been made are not satisfactory. Sherry Sorenson, Walter Armstrong and Jim Murphy, residents of Waterford Oaks, appeared in opposition because of the density proposed in the new section. Robert Teese, a resident of Waterford Oaks, appeared in opposition to the change in zoning from R-1 to R-2. Chairman Spady declared the public hearing closed and asked for comments from the Board. Supervisor Bradby stated because of the number of residents that have appeared in opposition and the Planning Commission's recommendation to deny the application he would not be able to support the application. Supervisor Bradshaw agreed with Supervisor Bradby's statement and added the developer should meet and be responsive to the concerns of the residents in Waterford Oaks. Supervisor Cofer stated he could not support the application as presented because of the past history on the proffers which were not completed. Supervisor Edwards moved the Board deny the application of H. W. Roberson Company, Inc. The motion was adopted unanimously (5-0). At 8:00 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). Upon returning to open session at 8:10 p.m., Chairman Spady called for a public hearing on the following: E. The application of Olde Towne Real Estate, Inc. and Gatling Pointe Management Corporation for a Special Use Permit to occupy a model unit at 11220 Shelter Cove, Gatling Pointe South Subdivision, as areal estate sales office for the subdivision, in Newport Magisterial District. Chairman Spady stated he has a conflict of interest as a stockholder of Olde Towne Corporation and turned the meeting over to Supervisor Cofer who presided over the meeting and called for citizens to speak in favor of or in opposition to the proposed application. Branch Lawson, Gatling Pointe Mana on behalf of the applicants stating this is a eventually be sold as such. No one appeared in opposition. gement Corporation, appeared single-family home which will Supervisor Cofer moved the Board approve the application of Olde Towne Real Estate, Inc. and Gatling Pointe Management Corporation. The motion passed (4-0) with Chairman Spady abstaining. // ;] 1 17 eo~w ~5:.~:~729 Supervisor Bradshaw moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // County Administrator Standish stated the Board received information earlier on the GTE telephone propos Gated the~r sue ort of the propos 1 to the Chamber of Commerce has indi pp GTE. Supervisor Bradshaw moved the Board direct the County Administrator to submit a letter. to GTE in support of the proposal. The motion passed (4-1) with all members voting in favor of the motion except Chairman Spady who voted against the motion. County Administrator Standish stated the Board approved the County's Compensation and Classification Plan in 1988 which needs to be updated because of numerous changes in State and Federal laws. County Administrator Standish further stated. in previous years the Board has funded only acost-of-living increase to County employees, and it would be appropriate to begin to include pay for performance alternatives which provides incentives for employees. County Administrator Standish stated he would bring an outline of a plan to include Constitutional Officers and Social Services for a comprehensive review by the Board at their June 16, 1994 meeting. County Administrator Standish stated the YMCA is requesting the County's permission to lease the old Smithfield High School gymnasium and its adjacent space. Chairman Spady requested the County Attorney to review the matter and begin any necessary procedures for initiating such a lease. County Attorney Crook stated an agreement should be prepared and a publication run in the newspapers offering others an opportunity to be heard. County Administrator Standish distributed a Prom-Promise proclamation to the Board and recommended that a resolution be drawn in support of the program initiated by Nationwide Insurance. Supervisor Edwards moved the. Board adopt a resolution of support for the program, to be prepared by County staffdo ted unannmousl t(5- event on Monday, May 23,1994. The motion was a p Y 0). // Chairman Spady called for Old Business: FY1994-95 Budgets County. Administrator Standish stated following the Board's work session and public hearing staff has reviewed anticipated revenues and requested expenditures for FY1994-95 and incorporated same in the agenda for the Board's consideration. County Administrator Standish stated the listing before the Board contains $372,339 additional dollars in expenditures, including adjustments to the Clerk of Circuit Court and Commonwealth 18 soar ~5:~..{?30 Attorney's budgets based upon final information received from the Compensation Board. County Administrator Standish stated the Sheriff's budget contains a grant match for selective enforcement and he would recommend the Board allocate up to $10,000 to provide funds to the Sheriff for these activities via overtime for existing staff. County Administrator Standish stated the Social Services budget contains an additional $20,000, the Tourism Bureau's budget contains an additional $20,000, and the Public Works/Utilities budget contains an additional $30,000. County Administrator Standish stated the County is anticipating receiving an additional amount in revenues to offset the expenditures, including $97,246 in personal property tax revenue due to the proration program. County Administrator Standish stated the Capital Improvements Budget contains $1,254,110 and includes a change in the Parks & Recreational Facilities budget of $8,000 which was moved from Court Resurfacing to a mower trailer item. Mr. Standish stated he would recommend the Board consider deferring adoption of the CIP until after July 1, 1994 in order to have an accurate fund balance amount. County Administrator Standish stated the Fire & Rescue budget is as recommended to the Board by the Volunteer Fire and Rescue Association with the exception of the Windsor fire vehicle which he would recommend a three-year lease purchase at $70,000 for three years. Mr. Standish stated $70,000 over three years would acquire the truck no later than was anticipated. Mr. Standish stated one of the arguments was should the County be using tax dollars to pay interest, but this is done to build schools because the County does not have adequate funds to pay for them. Mr. Standish stated the net difference is only a couple of percent to do a lease purchase because the amount of interest the County would pay is offset by the interest earned. Mr. Standish stated Carrsville and Rushmere have done this and most communities are looking at lease/purchase for large ticket items because it spreads out the payment. County Attorney Crook stated the County cannot purchase the fire truck on a lease/purchase because of the Procurement Act, however, fire departments can. Mr. Crook further stated the Windsor Fire Department does not want to enter alease/purchase and the County cannot require them to do so. County Administrator Standish stated the E-911 budget contains expenditures that offset revenues and the Utilities Budget contains $253,505 in the Operating Budget. Mr. Standish stated the CIP budget recommends a water system at Benns Church and Carrsville totaling $279,630 and he would recommend the Board defer action on this and allocate $279,630 to support the infrastructure at the industrial park on Route 460. Returning to the discussion on the CIP for the fire departments requests County Attorney Crook explained that he had met with and helped organize .the Volunteer Fire and Rescue Association. One of the requests from the Board of Supervisors was that the Association analyze the needs of all the fire departments and prioritize said needs. He stated the Capital Improvements Budget recommended by the Planning Commission had capital improvements for the fire departments at $465,300. The County Administrator had requested the Association review the proposal and reduce it to $200,000. The Association did review, debate, discuss and pared the requests down to $348,000. Mr. Crook stated the members of the 1 19 Association lowered their individual requests bec t ae °rove the reques t or Windsor for a fire truck and if the Board does no pp $200,000 for struck -then the County has s r to allow $200,000 in the Capital who have cut down their requests in orde Improvements Plan for Windsor to obtain a fire truck.. Supervisor Cofer pointed out that the Associ Su ervisor Gofers fated financing and the tax expenditures of the County p the Association was requested to provide thewBa~ rcdould bel funded in the needed and the Board would determine budget. Chairman Spady stated if the Board defitional $130,000 to meet the 1994 meeting staff may be able to locate an add Association's request. Su ervisor Edwards stated he would like to proceed with funding the P Association s request as originally requested. Supervisor Edwards moved the Board tabus ado t edl unangmously the Board's June 16, 1994 meeting. The motion P (5-0). Supervisor Bradby moved the Board increase the Business License Revenue line item from $315,000 to $325,000 and increase the Commissioner of Revenue's budget to $222,218. The motion passed (3-2) with Supervisors Bradby, Edwards and Bradshaw voting in against the motion ion and Chairman Spady and Supervisor Cofer voting g Supervisor Bradshaw moved the Board increase 000 fors t eeAdult budget by an additional $10,000, for a total of $30, , Companion Program. The motion was adopted unanimously (5-0). Su ervisor Edwards moved the Board approve the Opedranii g B adof s P with the recommended changes contained in the Coun 5 O However, proposal. The motion was adopted unanimously (- )• Supervisor Edwards qualified his vote statin o a conflict of inte estn the County Attorney's portion of the budget due t Supervisor Bradby moved the Board adopt the following ordinance: AN ORDINANCE TO COPLTONSTY, VIRGII~VIA FOR ISLE OF WIGH FOR FISCAL YEAR JULY 1, 1994 'I'HIZOUGH JUNE 30, 1995 ADOPTED THE 19TH DAY OF MAY, 1994 BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF SUPERVISORS of the County of Isle of Wight, Virginia, to-wit: (1) That there is hereby levied for the fiscal year bvaluationJon all 1994, a tax of $0.74 per one hundred dollars of assessed taxable real estate,. and all real- and personal PO& of th Code of Virgiruca, corporations in accordance with Section 58.1 26 as amended; 20 _ ___ ~, B~nK ~~ '~rf~~~ (2) That there is hereby levied for the fiscal year beginning July 1, , 1994, a tax of $0.95 per one hundred dollars of assessed valuation on machinery and tools. used in manufacturing, mining, processing and re- processing businesses as defined in Section 58.1-3507 of the Code of Virginia, as amended; (3) That there is hereby levied for the fiscal year beginning July 1, 1994, a tax of $0.91 per one hundred dollars of assessed valuation on farm machinery and implements as defined in Section 58.1-3505 of the Code of Virginia, as amended; r (4) That there is hereby levied for the fiscal year beginning July 1, 1994, a tax of $1.00 per one hundred dollars of assessed valuation on boats, watercraft and aircraft as defined in Section 58.1-3506 of the Code of Virginia, as amended; (5) That there is hereby levied for the fiscal year beginning July 1, 1994, a tax of $4.40 per one hundred dollars of assessed valuation on all other tangible personal property as defined and classified in Sections 58.1- 3500, 58.1-3501, 58.1-3502, 58.1-3503, 58.1-3504 and 58.1-3506 of the Code of . Virginia, except that all household goods -and personal effects as defined and classified in Section 58.1-3504 are exempt from said levy; (6) .That there is hereby levied for the fiscal year beginning July 1, 1994, a tax of one half of one percent of the gross receipts on all telephone and telegraph companies, water companies, and heat, light and power companies accruing from business in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia, as amended, however, in the case of telephone companies, charges for long distance telephone calls shall be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED AS FOLLOWS: (a) That all proceeds received for the fiscal year beginning July 1, 1994, from the County general tax rate levies, frod fromrall other funds from Federal and State funds and supplements an and sources for general County functions and purposes, including public schools and public welfare, be credited to the General Revenue Fund of this County, and, when and if appropriated by the Board of Supervisors of this County, shall be used for such functions and purposes and to defray the charges and expenses of said County and all necessary charges incident to or arising from the execution of the lawful authority of the Board of Supervisors of this County; (b) That lump sum appropriations are hereby made on an annual basis for the fiscal year beginning July 1, 1994 from the General Revenue Fund to the funds and for the separate items, categories, functions and purposes as shown and indicated in the budget adopted by the Board of Supervisors in May 19, 1994. (c) That the County Administrator is hereby authorized to make all expenditures in payment of all line items in said budget at any time during the fiscal year in any amounts so long as said amounts are not greater than the amount available in the fund for such it ake line eg m transfer Cw thin Administrator is hereby authorized to m categories and from category to category so long as said transfers of line 21 items are within said budget and do not exceed the funds available for such purpose. (d) That all encumbered funds which are earmarked for specific projects which are not expended during the current' fiscal year will be carried over as encumbered funds for said projects for the ensuing years unless said encumbrances are removed by action by the Board of Supervisors. (e) That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "funds" in the aforesaid Budget estimates from the General Revenue Fund, from time to time, as monies become available, sums equal to but not in excess of the .appropriation. herein made to such "funds" for the functions and purposes therein indicated from the General Revenue Fund for the. period covered by this appropriation ordinance. (f) That the Treasurer of Isle of Wight County is hereby authorized. to honor and pay all warrants and. to pay out funds from the various "funds" indicated in said Budget estimates for any contemplated expenditure for which funds have been made available and appropriated for such contemplated expenditures, (g) That this ordinance be entered in the minutes of this Board of Supervisors and .that copies hereof certified by the Clerk of this Board, be furnished the Treasurer of this County. The motion was. adopted unanimously (5-0). Supervisor Bradshaw moved the Board approve the E-911 budget as presented. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board endorse the Public Service Authority's Operating Budget and refer it to the Public Service Authority for consideration. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board endorse the Public Service Authority's Capital Budget and refer it to the Public Service Authority for consideration. The motion was adapted unanimously (5-0). Scott Bryer of the Carrollton Volunteer Fire Department and the Volunteer Fire and Rescue Association stated- the policy in the past was to lease/purchase two vehicles and if the County continues to do so, it will reach. a point where the County will end up allocating what it costs to buy one piece of equipment. He requested the Board fund this year the $225,000 needed to purchase the truck for the Windsor Fire Department. W. B. Copeland, Fire Chief, Windsor Rescue Squad, .requested the Board fund $225,000 this fiscal year for a fire truck as requested by .the Volunteer Fire and Rescue Association. // 22 r' - ~.5 rnr,~734 89AN Chairman Spady called for New Business. There was no new business offered for discussion by the Board. /I Chairman Spady called for Appointments.. Chairman Spady moved the Board reappoint Carroll E. Keen, Jr. for an additional four-year term on the Industrial Development Authority representing the Newport District. The motion was adopted unanimously (5-0). ii 1 // Chairman Spady called for approval of the April 5, 1994 continued meeting minutes, the April 21,1994 regular meeting minutes and the April 29, 1994 continued meeting minutes. Upon .recommendation of County Attorney Crook, Supervisor Bradshaw moved the Board adopt the April 5, 1994 continued meeting minutes, the Apri121,1994 regular meeting minutes and the Apri129,1994 continued meeting minutes. The motion was adopted unanimously (5-0). // At 9:07 p.m., Supervisor Bradshaw moved the Board go into executive session under Section 2.1-344 Al of the Freedom of Information Act to interview applicants for professional services and under Section 2.1-344 A3 of the Freedom of Information Act to discuss a personnel matter. The motion was adopted unanimously (5-0). Upon returning to open session at 9:47 p.m., Supervisor Bradshaw moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law. were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the. motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. VOTE 1' 23 ..