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06-20-1996 Regular Meetingaoo~ ss . ens REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF JUNE IN THE YEAR 1VINETEEN HUNDRED NINETY SIX PRESENT: Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice Chairman O. A. Spady Robert C. Claud Malcolm T. Cofer Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator Grey H. Mills, Assistant Clerk Chairman Bradshaw called the meeting to order at 6:05 p.m. The invocation was delivered by Supervisor Spady. ~~ // ~ :~ Chairman Bradshaw called for Special Presentations. Arthur E. Berkley, Brenda H. Holland, Linda E. Porter and Mary Anne Welton were recognized by the Board for five years of continuous service. // Chairman Bradshaw indicated the following Consent Agenda included Item 2, A through J, and asked if there were any items for removal: A. Jones Creek Navigation Project B. Subdivision Plat of Edgewood Estates, Phase Two in Newport ; ~ Magisterial District C. Preliminary Plat Showing Subdivision of Ashby, Section Three, Carrollton Blvd. (Route 1~ in Newport Magisterial District D. Water Quality Impact. Assessment for Section Three of Ashby Subdivision located in Newport Magisterial District E. Resolution to Appropriate $3,000 From the Unappropriated Fund Balance of the General Fund for the Construction of An Activity Shelter in the Town of Windsor F. Resolution to Authorize A Loan of $50,000 to the County Self- Funded Health Insurance Program to Fund Claims Processed G. Resolution to Authorize A Loan of $63,000 to the Isle of Wight County Public Service Authority for Various Needed Expenses H. Amendment to Article V, Leave Provisions of the County's Personnel Policies and Procedures Manual i aoo~ 16 ~~ ~~? I. Delinquent Real Estate Tax Collection Monthly Report j. May 16, 1996 Regular Meeting Minutes 7 There being no items requested by the Board members for removal, Supervisor Claud moved the Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Transportation Matters. R. Bryan David, Director of Planning and Zoning, explained the procedure by which certain highways can be designated as Virginia Byways for the Board's information. Supervisor Bradby requested the status of Route 681. County Attorney Crook stated due to a conflict with the Judge's schedule, the June 4, 1996 court hearing was continued and the matter will be rescheduled for a date in the near future. Mr. David noted funding is approved for Route 681 for next year once the necessary right-of-way has .been obtained. Supervisor Claud requested the Director of Planning and Zoning include Route 647, Polk Swamp Road, on the list of roads to be paved. 1 Supervisor Claud requested the Director of Planning and Zoning write VDOT to request afour-way stop sign at the intersection of Routes 654 and 644. Supervisor Bradby requested the Director of Planning and Zoning arrange a meeting with the VDOT Resident Engineer regarding marking the center line on a portion of Mill Swamp Road. // ~~ Chairman Bradshaw called for Citizens Comments. James Holthoff and Mark Warren requested the Board repeal the No Wake Zone on Jones Creek. Supervisor Claud noted that while he is not in favor of voting to repeal the No Wake Zone tonight he would be willing to meet with Mr. Holthoff to review the site. Supervisor Spady moved the Board ,direct the County Attorney prepaze an ordinance for public hearing for the Board's consideration to repeal the No Wake Zone on Jones Creek which was recently approved by the Board. The motion passed (4-1) with Chairman Bradshaw and Supervisors Cofer, Spady and Bradby voting in favor of the motion and Supervisor Claud voting against the motion. 2 ti. 804U ~U ~:. ~~O Bobby Boone, President of the Isle of Wight Concerned Citizens, requested the Board assist him with School Boazd concerns. Chairman Bradshaw stated the concerns of Mr. Boone are school related and the Boazd of Supervisors is not responsible for the administration of school policies and, therefore, has no authority or jurisdiction over School Board matters. County Attorney Crook stated Mr. Boone's concerns should be heard by the School Board and not the Board of Supervisors. Mr. Crook further stated. the Board of Supervisors has budget approval and can make appointments to the School Board only. Any complaints regarding School Board policies and school administration should be presented to the School Board, stated County Attorney Crook. // Chairman Bradshaw called for the Community Development report. Mr. David presented the following for the Board's consideration: A. The application of Peter F. and James E. Crocker, owners, to amend a Conditional Use Permit of an existing three hundred (300) foot communications tower located at 1007 Cenhal Hill Road, Hardy Magisterial District, to allow AT&T Wireless PCS, Inc., lessee, to install no more than twelve (12) antennas at a height of two hundred and twenty (220) feet and a fifteen (15) foot by thirty (30) foot equipment building adjacent to the existing tower. Supervisor Spady moved the Board approve the application of Peter F. and James E. Crocker as presented.. The motion was adopted unanimously (5-0). B. The application of G. Fred Walls and Katherine W. Mountjoy, owners, and Isle of Wight County Board of Supervisors, lessee, for a Conditional Use Permit ~ to locate a governmental identification sign identifying the "Poor House Convenience Center" five (5) feet off the right-of--way of Courthouse Hwy. on the west side of Courthouse Hwy. (Route 258) at the Poor House Road (Route 692) intersection in Hardy Magisterial District. County Attorney Crook suggested the Board consider changing the name of the proposed convenience center as the name, as proposed, is not good advertising for the County. Supervisor Cofer moved the Board approve the application of G. Fred Walls and Katherine W. Mountjoy with a change in the name of the convenience center and sign to "Isle of Wight County Convenience Center". The motion was adopted unanimously (5-0). C. Request by Ashton Wells, Jr., for an exemption from Section 4-4- 41 (Sewerage Facilities) of the Isle of Wight County Subdivision 1 1 1 3 BOOM ~U •. ~4J Ordinance for Parcel A; located off of White House Road (Route 682), in Hardy Magisterial District. I County Attorney Crook stated the Subdivision Ordinance previously .adopted, and amended, requires that septic tanks/drainfields be located within the boundary lines to the property to be subdivided because a number of lots in the County were being subdivided and the. Health Department was approving drainfields which were not located on .the lots resulting in citizens buying adjoining lots with no recorded easements or drainfields. Mr. Crook stated the property in this case cannot have the drainfield located within the boundary lines, but there is a recorded plat of where the drainfield and easement is located and it would meet the intent of the Subdivision Ordinance and he would recommend to the Board that it be allowed as an exception. Supervisor Cofer moved the Board approve the request of Ashton Wells, Jr. The motion was adopted unanimously (5-0). D. Tyler's Beach Boat Harbor Commercial Pier Reconstruction Project i~ Mr. David stated under the Virginia Department of Health's regulations, Tyler's Beach is not considered a marina, rather "other place where boats are moored" and, therefore, subject to all sanitary requirements, i.e., pump out facilities for holding tanks and on-shore commodes or toilet facilities. Mr. David stated staff previously prepared a request for a variance to be exempt from these requirements based on the age of the facility which has primarily been used by commercial vessels and that there has been no documented incidents of problems arising from the lack of such sanitary facilities in the pasta Supervisor Spady noted the boat ramp was originally built as a safe boat harbor, not a marina or for mooring boats full time. Supervisor Spady requested the County Administrator and Director of Planning and Zoning meet with the County's legislative representatives to pursue seeking an exception to on-shore facilities and provide clarification to the Virginia Department of Health relative to the status of the boat harbor. // At 7:10 p.m., Supervisor Cofer moved the Board amend the order of the agenda to conduct the public hearings. The motion was adopted unanimously (5-0). Chairman Bradshaw called for a public hearing on the following: A. An Ordinance to Set Salaries for Board of Supervisors C Chairman Bradshaw called for comments from citizens in favor of or in opposition to the proposed Ordinance. Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the following Ordinance . with an amended amount for the additional salary which is to apply to the Chairatian's position to be $600 annually: AN ORDINANCE TO .SET SALARI88•FOR • BOARD OF SUPERVISORS • N88R8AS, Seotioa 14.1-46.01:1 of•ths Code of Virginia provides that the several oouatiaa may establish aaesually by '• ~ otdinaace~ and pay in monthly installments each of their members as casual salary and sets brackets. therefor based oa populations ands • WHERBAS, the County of Isle of Wight has a population in the 25,000 to~49,999 bracket cad may set salaries for the • Board of Supervisors. at ;7,000 per year and may is addition thereto set an additional amount not to exceed ;1,800 for the Chairman thereof and, that the. Board of Supesvisors may in addition thereto by resolution grant to its members the fringe benefits in the manner and form as such benefits are provided for County employees= and WHEREAS, the Board of Supervisors of Isle of Wight County has not increased the salaries of the Board of Supervisors for many years and the salaries are insufficient to compensate said Board members for the time and effort spent in the performance of their duties as the governing body of said County: IN CONSIDERATION WHEREOF, and pursuant to Section ,- 14.1-46.01:1 of the Code of Virginia, the Board of Supervisors hereby. sets the ann a~.salary of each member at .. _ ~ ~Q~ ° ;7,000 and .sets as additioaal~]rt8ff0 for the Chairman cad further resolves that the members of the Board of . Supervisors are granted the same fringe benefits as are provided for County employees. • The motion was adopted unanimously (5-0). B. FY96-97 Capital Budget Chairman Bradshaw called for comments from dozens in favor of ~ in opposition to the proposed Budget. 1 1 • BOON ~U %At~!UJ1 1 Hazel Jennings, President of -the Friends of the Carrollton Public Library, ~ thanked the Board for their allocation of funds in the FY1996-97 budget Judy Colwell, President of the Isle of Wight Humane Society and Tamara Munford, Vice President, appeared on behalf of the animal shelter requesting the Board expand the present facility due fio the increased animal population growth. Chairman Bradshaw closed • the public hearing and called for ~' comments from the Board . Supervisor Cofer noted the Board is proposing $10,000 in the FY1996- 97 budget along with last year's allocation of $7,500 Supervisor Cofer requested the Chief Animal Control Officer prepare a prioritized list of ' items bo be accomplished in order of their importance. Sharon Martin, Secretary, Windsor Volunteer Rescue Squad, requested the Board allocate funds for a crash truck to replace the existing 1978 crash truck. Ms. Martin further requested funding for a new ambulance to replace the Squad's existing third ambulance. Supervisor Cofer responded there are no new proposed vehicles for emergency services and the Board has asked an advisor, a practicing Fire Chief with both paid and volunteer workers, to survey the County's needs. Supervisor Cofer stated he will have a recommendation on fire/rescue vehicles/equipment for the Boazd by their September, 1996 meeting. 1 Supervisor Bradby recommended the Boazd include $13,800 in the Budget for paving of the Rushmere Volunteer Fire Department's driveway. Supervisor Claud recommended the Boazd include $7,000 in the Budget for improvements to the driveway of the Windsor Volunteer Rescue Squad. Supervisor Cofer moved the Board adopt the Capital Budget in the total amount of $1,829,675 to include $13,800.for the Rushmere Volunteer Fire Depaztment paving and $7,000 for inciprovements to the driveway of the Windsor Volunteer Rescue. Squad. ' The motion was adopted unanimously (5-0). Supervisor Cofer further moved the Boazd adopt the Fire and Rescue Budget as presented in the total amount of $91,000. -The motion was adopted unanimously (5-0). C. An Ordinance to Impose Tax Levies for Isle of Wight County, Virginia for Fiscal Yeaz July 1, 1996 Through June 30, 1997 Adopted the Twentieth Day of June, 1996 LJ County Attorney Crook stated the proposed Ordinance does nok increase the tax rate in any category except ships weighing five tons or more. Mr. Crook stated this rate has increased although it is not anticipated to generate any additional revenue than the preceding year because of the charge in the evaluation process. • 6 eou~ 16 yaEr6~2 Chairman Bradshaw called for dozens to speak in favor of or in '. opposition to the proposed Ordinance• . Upon.. no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board adopt,the following Ordinance: .. -.~ . AN ORDINANCB TO IMP038 TAX LSVI88 FOR . ISLE OF WIGHT COUNTY, VIRGINIA gOR FISCAL ' YEAR JULY 1, 19~ ~6~~HItOUGfl JtJNB 30, 1997 • . p~ppTg,D Tgg ~.Lt--- DAY OF JUNE, 1996 ~, ,~ H$ IT AND IT IS HEREBY ORDAINED by the eoard'of Supervisors of the County of Isle of Wight, Virginia, • to-wit: (1) That there is hereby levied for the fiscal year beginning July 1, 1996, a tax of X0.72 per, one hundred dollars of assessed valuation on all taxable real estate, ~ ' and all real and personal property of public service . corporations in accordance with Section 58.1-2606 of the ' Code of Virginia, as amendedt (2) That there is hereby levied for the fiscal year • beginning July 1, 1996, a tax of X0.95 per one hundred dollars of assessed valuation on machinery and tools used lit 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 ,1996, a tax of•Z0.91 per one hundred 1 dollars of assessed valuation on farm machinery and implements as defined in Section 58.1-3505 of the Code of Virginia, as amended= (4) That there is hereby levied for the fiscal yeas beginning July 1, 1996, 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= • i • T 1 1 1 ri 1 . ; ', t5) That there. is hereby levied for. the fiscal year ' beginning July 1, 1996, a tax of =0.27 per one hundred dollars of .assessed valuation oa watercraft, including vessels and ships, weighing five tons or more, exaludiaq ~. privately owned pleasure boats and watercraft used for ~~ reareational~purposes onlyt ' ~. t6) That there.~ia hereby lsvied for the fiscal year beginning Jtily i~ 1996, a tax of =4140 per one hundred ' dollars of assessed valuation on all other tangible personal . property as defined and.alassified 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 is Section 58.1-3504 are exempt from said levyt 17) That there is hereby levied for the fiscal year ' beginning July 1, 1996, a tax of one-half of one percent of the gross receipts oa all telephone and telegraph companies, water companies, and heat, light and power companies accruing from business in the.Couaty of isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia, as amended, however, is the case of telephone ' companies,~charges for long distance telephone calls shall be included in gross receipts for purposes of license, taxation. ~ ~ ' BB IT FURTBSR ORDAINB~D AS•FOLLOWSs ,- (a) That all proceeds received for the fiscal year beginning July 1, 1996, from the County general tax rate bevies, from other local revenue, from Federal and State funds and supplements and fra~m all other funds 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 Supeswisors of this County, shall be used for such functions and purposes and to defray the charges and expense of said County and all necessary charges incident to or arising from the execution of the lawful authorisation of the Board of Supervisors of this County] 8 ~: ~1 80QK ~- • (b) That lun~•sum appropriations ~e,hereby•mads oa . • as annual bans for the fisaal year beginning July 1, 1996, •• ~ from the ~ieaesal• Revenue Fund to the loads and for the . • i• separate items, aategories; luaatioas sad purposes as shown • ~ and indicated in the budget adopted by the. Board of • ~ Supervisors •~w e~ - 1996• • . ~•• (a) That the County Administrator is hereby • •• i' authorized to make all expenditures is payment of all lien' ~ items is said budget at nay time during the fiscal year is . • , • •' ~ any amounts so long as said amounte~ are not greater than the ' , • ~ amount available is the fund for such item os aategos3( and • ~ said County Administrator is hereby authorized to make line • • item transfers within categories and fran category to . ~ category so long as said transfers of line items are i+ithia. • 1 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 ae 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 sad directed to transfer to the indicated• . ,- appropriate "funds" in the aforesaid Budget estimates from the (;eaeral Revenue Fund, from 1'.ime to time, as monies become available, sums equal to but not is excess of the • appropriation herein made to such "funds" for the functions and purposes therein indicated form the Qeneral Revenue Fuad • 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 al 1 D I~~ 9 eoo~ 16..~~~695 ' estimates for any. contemplated expenditure for which funds have been made available and appropriated for such , . aoatemplated expenditures. • 1 (Q) That this ordinance be entered is the minutes of '.• thi• Hoard of Supervisors cad that copies hereof certified , by the Clerk of this Board, be furnished the Treasures of ~ ,this County: • The motion was adopted unanimously (5-0j. D. An Ordinance to Amend Chapter il, Motor Vehicles and Traffic Article I, Section 11-1 of the Isle of Wight County Code to Adopt by Reference Certain Provisions of the State Motor Vehicle Code County Attorney Crook stated the County has adopted the State Motor Vehicle Code as a County ordinance which must be updated each time the General Assembly changes the State law. Mr. Crook stated the proposed Ordinance is simply to adopt the changes that the General Assembly made last year into the County's ordinance. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed Ordinance. f' Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt. the following Ordinance: AN .ORDINANCE TO AMEND CHAPTER 11, MOTOR VEHICLES AND TRAFFIC, ARTICLE I; SECTION 11-1 OF THE ISLE OF WIGHT COUNTY CODE TO ADOPT BY REFERENCE CESTAIN PROVISIONS OF THB STATE MOTOR VEHICLE CODE BE iT AND IT IS HEREBY ORDAINED by the Hoard of Supervisors of Isle of Wight County,. Virginia, that Section 11-1 of Article I of Chapter it of the Isle of Wight County Code be and the same is hereby. amended to read as follows: Sec. 11-1 Adoption of state law. 1 Pursuant to the authority granted the County of Isle of Wight by Section 46.2-1313 of the Code of Virginia, as amended, all of the provisions and requirements of the laws of the State of Virginia contained in Title 46.2, of Article 9 (Section 16.1-278 et sec.) of Chapter 11 of Title 16.1 and of Article 2 (Section 18.2-266 et sew.) of Chapter 7 of Title 18.2 of the Code of Virg n a, as amended, except those provisions and requirements the violation of which constitute a felony, and except those provisions and requirements ahich by their very nature can have no application to io ~, _ . . 90ot _ 16 ttr.•w~V • ~ , . ~ ~ . ' y~ or witliia~ iaii^CouatyR are hereby adopted aid . .incorporated in.tpis chapter by reference and made ' applicable within the'Couaty. The adoption of this ' ~ vrdiaaace iaaorporatiag the aforesaid provisions of thi ' Code of Virginia by reference, is to include any and . all changes and amendments thereto heretofore and " • 'hereafter made ~ by the c3eneral Assembly of Virginia as if specifically set forth herein. References to • "highways of the state" contained is such provisions ' and requirements herebyadopted shall be deemed to refer to the streets, hig~waye and other public ways • within the Gounty.' Such provisiods.and requirements.- ' are hereby adopted mutatis mutandia~ and made apart '•,~'• .of this chapter as fully as though set forth at length •, herein and it shall be unlawful for any person, within the Couatpi to violate or fail neglect or refuse to . _ . ___. ~Qmply. with an~~rovisioa o_f T~tle 46...2_or _of .Article Z.. . (Section 18.2-266 et'~e .~ o~ Chapter~7 of Title 19.2 • of the Code of Virq~nia which is adopted by this sectioat provided, that in ao event shall. the penalty ~ . • imposed for the violation cf.any provision. or . • requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2 or Article 2 . (Section 18.2-266 et se .) of Chapter 7 of Title 18.2 of the Code of Virg a. The motion was adopted unanimously (5-0). 8. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County to Provide for New Water and Sewer Systems bo be Conveyed to the County County _ _ Attorney_ ..Crook stated the proposed Ordinance is . re6ommended to follow the policy adopted by the Public Service Authority where water and sewer facilities will be constructed according to the Authority's specifications and requested to be conveyed to the Authority. Mr. Crook stated in order to do this the County needs to amend its Subdivision Ordinance to bring it in line with the policy adopted by the Authority. Chairman Bradshaw called for dtizens fio -speak in favor of or in opposition to the proposed Ordinance. • y . William Riddick, representing Wrentt,~ Mill Partnership and Central Water Systems, Inc. requested clarification of the Ordinance. Mr. Riddick stated he does object to the interpretation or application with respect to existing subdivisions where the property has already been rezoned and where there is an existing water system and the properly is being developed in phases. County Attorney Crook responded that this is only an amendment to the Subdivision Ordinance which will not apply. retroactively. Mr. Crook stated the situation described by Mr. Riddick is similar to the Ashby matter previously considered by the Board which dealt with vested rights and which the Board previously treated as being "vested" or "grandfathered" and not subject to the Boazd's new policy. Chairman. Bradshaw closed the public heazing and called for comments from the Boazd. 1 1 u 1 __ _. 8001( , ~V -RFfEli17 ,, . ' '. Supervisor Cofer moved the Board' adopt the following Ordinance: ' AN ORDINANCE TO~ANEND TSE gUBDMSION ° ' ORDINANCE OF ISLE OF WIaBT COUNTY TO • ' pROVIDB FOR NHW WATER AND SEWER SYSTEMS . . TO 88 COONY~YBD TO T88 COUNTY . ' ~ ' BB IT AND IT'IS HSRBHY .that the folloariag • ~•Seationa of the Subdivision prdinaace~of Isle~of Wight . ... Couaty~ Virginia] shall be. amended to; rend. as follows: • 4-4-3.' Water facilities. lihere public water is ' available a serv ce s be exte~aded to all lots' within a subdivision, including fire hydrants. -by the • subdivider in accordance with the design standards and • specifications for water, construction and improvements' . in Isle of Wight County, Virginia. and mE=sting the • approval of the agent. Every subdivision containing • ~ fifteen (15) or more lots to which public water cannot • 'or will not be provided shall be supplied by the ' subdivider with a complete central water supply and , distribution system to serve each and every lot. A11 water supply and distribution systems shall be . constructed in accordance with the standards and . specifications of the Public Service Authority of Isle theWipublic S rvic~e Au~tbority lof Isle of wight vCouaty. ~ • ' Virginia. . ' 4-4-4. Sewers a facilities. Where public sewerage • facilities are ova ab e, a service shall be eatenc~ed to all lots within a subdivision and septic tanks will not be .permitted. Every subdivision shall be provided •by the subdivider with a satisfactory and sanitary means of sewage collection and disposal in accordance with. the design standards and specifications .for • . sewerage construction and ~nprovements in Isle of Wight County, Virginia, and meeting the approval of the agent. All sewerage facilities. other than septic . to the public f Service A at~rity of wIsle eof nWi~ht County, Virginia. 4-4-5-2. Deleted. +• 4-4-5-4. The developer shall install and mainta~i.a • city sewage lines in new subdivisions when the proposed sewageiservicel by he Hoard ofe8 dgupervisors.of Isle of Wight County, Virginia. ' The motion was adopted unanimously (5-0). 1 F. The application of Benns Church Properties for a Conditional Use Permit to amend the operation .plan of the "Fendonchuk Pit" which is located off the west side of Berms Church Boulevard (Route 10) between Turner Drive (Route 644) and Muddy Cross Drive (Route 620) in Newport Magisterial District. The amended plan requests an increase in acreage to be excavated from twenty-five (25) acres to thirty-seven (3~ acres and also requests an extension of five (5) years on the life of the permit. 1z • .. ~. ._ ~~ ''Chairman Bradshaw called for dozens b speak itt favor of or in . oppositlon tD the proposed applicatlon. • .. I .~ ~tidiard L. Turner spoke on behalf of the applicants. ~ ~ ~ j i ' ~ • Chairman Bradshaw dosed the public hearing and called ~ for comments from the Board. ~ ~ . • • ~ ~. Supervisor laud moved the Board approve the applicatlon of Beans ~' ' •Church Properties: The tnotlon •was adopted nt~antmously (~0). . ' . G... The application of Odelle S~~ Carr, owner; and David R and . ..Blizabeth P. Baxter, prospective owners,~or a cliange~n zoning classification from A-1, Agricultural Limited to Conditional R A, . Conditional Rural Residentia12.3460 acres of land located on the • south side of Mill Creek Drive (Route 638) between Barrett . Town Road (Route 641) and Antioch Road (Route 65~ in Hardy ~ ~ ' • Magisterial District. The purpose of the application is for one rdral residential lot'as conditioned. • Chairman Bradshaw called for citizens to speak in favor of or in• . oppositlon to the proposed application. David Baxter appeared .and explained the one acre building site that rezoning was requested for several months ago was found not suitable after testing for well and septic and he had to purchase an additional lot but keep the first lot due to road frontage requirements. Chairman Bradshaw closed the, public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of Odelle S. Ca~7. The motion was adopted unanimously (5-0). H. The application of Michael E: and Rhonda S. Payne to amend Rural Residential zoning of approximately seventy-two (72) acres of land located off Longview Drive (Route 602) at the terminus of Arabian Trail in Newport Magisterial District The purpose of the application is for a subdivision of no more than five (5) lots as conditioned. Chairman Bradshaw called for citizens to speak in favor of or in oppositlon to the proposed application. Michael Payne stated he is requesting the property, which is presently approved for up to fourteen lots with conditions, be limited to five lots with three of the lots for family members. Keith Bales, Dale Brown, Angela Brown, Walter Sdunidcy, Timothy Mullins, Debra Mullins and Jim Flaim appeared and spoke in opposition to the proposed application noting driveway. and wetland issues. i 1 n 13 1 1 . • Chairman Bradshaw closed ~ the 'public hearing and called for . comments from the Board. ~ . ,~ Supervisor Claud stated he would recommend the property owner . . work out a design'for an entrance which satisfies the aonoerns of the.other ' property owners that the properly will not flood. Supervisor Spady .suggested the matter be tabled for the Board's .huther consideration .and clarification of the covenants and restrictions. . • ~ . ~' ' Supervlsor~ Claud ~ moved the Board table consideration of the matter . ~ until the Board+s july~ 196 meeting In order for the developer to get with . the affected property owners, allow the Board members additional time to _ - studY~t ie. matter and the applicant time ~ _a~end the wrltten~*~~~_ 'i'h~ . _ . nuotlon was adopted unanimously (5-0). ° :. .. ~ . . • . ~.~ , . L The application of Elliott Cohen for a change in zoning classification from B-1, Business General to Conditional R-1, Conditional Residential Limited, approximately fifteen (15) acres ~ . of land located on the west side of Carrollton Boulevard (Route 1~ between Deep Bottom Road (Route 662) and Ashby Way in ' . Newport Magisterial District. The purpose of the application is for a single family residential subdivision of no more than thirty (30) lots. At the applicant's written request, Supervisor Cofer moved the Board table consideration of the matter until the Board's July, 1996 meeting. The . motion -was adopted unanimously (5-0). . j. The application of the Virginia Depaztment of Transportation, owner and the Isle of Wight County Boazd of Supervisors, lessees, for a Special Use Permit to operate a solid waste collection/convenience center on approximately one (1) acre of land located on the south side of the intersection of the Route 10 By-Pass and Old Stage .Highway (Route 10) in Hardy Magisterial District. Chairman Bradshaw called for citizens to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Bradshaw closed the public hearing and called for comments from the Board. 1 Supervisor Cofer moved the Board approve the application of the Virginia Department of Transportation. The motion was adopted (41) with Chairman Bradshaw and Supervisors Spady, Cofer and Claud voting in favor of the motion and Supervisor Bradby voting against the motion. // At 8:20 p.m., Supervisor Cofer moved the Boazd proceed with the regular order of the agenda. The motion was adopted unanimously (5-0). At 8:21 p.m., Supervisor Cofer moved the Board take a ten minute recess. The motion was adopted unanimously (5-O). i~ . w r~a~. //• . . Returning to open eessioti at 8A0 pm„ Chairntiat- Bradshawr oiled f or ...the County At6orney's report, . . . . •. , ~ County Attorney Crook sffited the Revenue ~hari~~~ between the County and the City of Franklin came up recalculated and reduced to 17.896. rather than 2096. Mr. Crook stated the City of Pranklin has agreed to the new formula percentage and he has . prepared a resolution to approve and' adjust this percentage for the next teat years which he recommends to the Board: , °;- . :, , . _ ,. .. .__ Supervisor. Claudmoved the Board adopt the foljowing resolution: . ~.: RESOLUTION TO ADJUST PF.RCEIVTAGE Op RBVENUB SHARED BY LSLE OP WIGHT COUNTY/ CITY OP. FRANIQ.IN t .r WHBRBAS, the City of Franklin and the County of Isle of Wight entered into_a Revenue Sharing Agreement dated Mazch 11,1996, to share . local tax revenues as therein defined in the designated area. as therein , described; and, ~ ~ . yVHERBAS, said. Revenue Sharing Agreement provi~dth f~ornnula . revenue shazing to be adjusted every ten (10) years based upo as therein specified with the Tirst review period being the first six (6) . months of the calendaz year 1996; and, . WHEREAS, the review period composite relative fiscal stress factor (as ~ , computed in accordance with Section 3.10 of said agreement) divided by the . baseline composite relative fiscal stress factor has resulted in an Adjusted Percentage of 17.89'0. NOW, THEREFORE, be it and it is hereby resolved by the Board oe Supervisors of Isle of Wight County, Virginia, that the adjusted perce g of the revenue shazed by the County of Isle of Wight with the City of . Franklin pursuant to the Revenue Sharing Agreement of said parties of March 11, 1986, has an adjusted percentage~effective July 1, 1996 through June 30, 2006, of 17.89'0. . • • ,. The motion was adopted unanimously (5-0). County Attorney Crook stated the County currently has an ordinance which provides that landowners aze to keep grass and weeds cut in .the County and, if they do not, after notice, the County will do so at the expense of the landowner and place a lien on his/her property for the cost. Mr. Crook stated Supervisor Claud inquired if the County could make a criminal penalty or penalty other than simply cutting the grass and chazging it to the owner for repeat offenders. Mr. Crook stated the statute does allow for counties next to ©ties of 200,000 or more population to make it a Class Four misdemeanor for failure to comply with the Ordinance. Mr. Crook stated he would recommend the Board authorize him to prepare an amendment to.the Ordinance for publication for public hearing pursuant to the statute for the lioazd's consideration. 15 1 .~.. _ _. ... . ~ .. ,.Q~~ ...ig ~a~.701. _ .. . , 1 1 1 Supervisor Claud moved ,the ~ Board direct the County Attorney .prepare an ordinance for the Board's consideration as recommended by the County Attorney. The motion. was adopted unanimously (5-0). County Attorney Crook stated he had one matter for executive session later. in the meetirAg. ' // ' . Chairman. Bradshaw.. called for the County .Administrator's report. .. _ . ~ linty ~~dministratar Caskey stated the Isle of Wight ~ountq" ' Investment Policy has been endorsed by the County's Treasulrne~~e addresses the issues, of the establishment of an investment co monthly reporting, ~ investment objectives, guidelines, securities, . unauthorized investments, credit quality, security limitations, etc. as they relate to County funds. Mr. Caskey stated the Board is requested to appoint a member of the Board to serve on the Investment Committee for a one-yeaz term. Chairman Bradshaw moved the Boazd appoint Malcolm T. Cofer to . serve on the Investment Committee. The motion was adopted (3-2) with Chairman Bradshaw and Supervisors Claud and Bradby voting in favor of the motion and Supervisors Cofer and Spady voting against the motion. County Administrator caskey noted for the Board's information that in conjunction with the implementation of tl-~e County's new telephone system County staff advised the Board last July that it would be to the County's advantage to switch the County's long distance carrier. IVir. Caskey stated the County has v ded b the tVir iniaCDepartment~of Telecommunications Network pro y g Information Technology which will result in a 40% average savings to the County per month. County Administrator Caskey stated effective July 1,1996 (SPSA), the ' Southeastern Public Service Authority, has amended its tipping fee schedule and adopted a curbside recycling fee in the atriount of $1.00 per home, pf~r month. Ivir. caskey stated the SPSA Board has also set a public hearing to amend the fee at their August, 1996 meeting to reduce the fee to $.50 pE-r home, per month. IVir. Caskey stated the County currently has approximately 2,000 homes which participate in the curbside recycling program which in the past have been predominately located within the two towns and immediate areas surrounding the towns. Mr. Caskey stated SPSA is' requesting all localities anticipate what their policies might be relative to adding new neighborhoods, communities, households to the new curbside recycling program where the fee now is involved. Supervisor Claud moved the Board direct County staff to respond on behalf of the County the anticipated recycling needs for the County and advise SPSA of same. The motion was adopted unanimously (5-0). County Administrator Caskey stated the Hampton Roads Emergency Management Committee (HREMC) has developed an All Hazards Mutual Assistance Agreement for the Board's consideration, subject to the County Attorney's recommendation. 16 8 QMc 1U y1Gf 7Q2,. w~....-,... . . M ~II~!-YY~. .. w.N~. r.wY•+r~++r..•r'x1MY4 Y.. w. ~~, • •, ~.: e•, . _ • Supervisor Spady moved the Board table consideration of the HREMC ' All Hazards •Mutual Assistance agreement tD allow the County Attorney .time to review same. The motion was adopted unanimously (5-0). . County Administrator•Caslceyststed the Board previously adopted a • ~ resolution in support of a regional consortium for .obtaining HONiS Investment Program funds from the U.S. Department of Housing and Urban Development:' Mr. Caske~• further stated the. County was recently notified . • ~ of the approval • of the iegional application and the' avallability of up to: ...~iZ,,p~lp.fo~ pmv~ing rental assistance, new~ooris~uctlo~ome ownership . , .and home `rehabilitation opportunities ~ to • dNzens who meet program ' 'eligibility regiiirementga • Mr. Caslcey recommended the Board appoint two • individuals to serve on the HOMB Program Committee to develop a plan for implementation of ,the HOMB Program. . r Supervisor Claud moved the Board appoint Supervisor Bradby and • Lana Devites to serve on the HOMB Program Committee. The motion was . adopted unanimously (5-0). . , . ~ County Administrator Caskey stated the Virginia Depaztment of Fire programs has forwarded to the County for execution a new Fire Programs Fund Disbursement Agreement which is intended to clarify the i ~ responsibility for the Fund prior to distribution to the County's five volunteer $re depaztments. Mr. Caskey requested the Board authorize the Chairman to sign the Agreement subject to the recommendation of the County Attorney. ~ ' G~ Chairman Bradshaw moved the Board table consideration of the 1995 Fire Programs Fund Disbursement Agreement to allow the County Attorney time to review same. The motion was adopted unanimously (5-0)• Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE TWENTY TWO THOUSAND SIX HUNDRED THIRTY DOLLARS OR SO MUCH AS • SHALL BB RECEIVED FROM 'THE COMMONWEALTH OF VIRGINIA • . DEPARTI4~NT OF EMERGENCY SERVICES WHEREAS, the Board of Supervisors of'the County of Isle of Wight, Virginia has received funds from the Commonwealth of Virginia, Depaztment of Emergency Services for the purchase of equipment; and, WHEREAS, the funds in the amount of twenty two thousand six hundred rthirty dollars or so much as shall be received from the Commonwealth of Virginia, Department of Emergency Services need to be appropriated to the Emergency Services equipment line item in the 1995-96 budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE TT AND IT IS HEREBY RESOLVED by ~ the Board of Supervisors of the County of Isle of Wight Virginia that twenty two thousand six hundred thirty dollars or so much as shall be received from the Commonwealth of Virginia, Depaztment of Emergency Services be appropriated to the Emergency Services equipment line item in the 1995-96 budget of the County of -Isle of Wight. i7 i 1 BB Tr PURTHBR RBSOLV® that the County Administrator of the - • ~ • County of Isle, of Wight, Virginia ie authorized to make the appropriate eocounting adjustments in the.budget and tD do aU things necessary bo give . this resolution effect. ... The nnotion was adopted unanimously (5-0). '• . $uperviso~ Claud proved the Board adopt the following resolution: - ~ - .. +~ ~~ RESOLUTION TO ACCEPT AND APPROP ~TBL~ ~ AS 'THOUSAND P1VB HUNDRED ffiGHTY SBVEN ' • . 1ViUCH AS SHALL BB RECEIVED FROM THE STATE ~3EALTH 'DEPARTMENT POR CHRTAIN RENOVATIONS POR THB COUNTY . •` . -~ 4 ~iBALTH DEPARTMBNT ' ' .•, . `NHBRBAS, the Board of Supervisors of the County of Isle of ~ig~~ .: `Virginia has approved the use of unspent funds for certain renovati the Isle of Wight County Health Department; and,, . WHEREAS, the funds in the amount of twelve thousand nvee~h eighty seven dollars or as much as shall be received aPPrOPriated to the appropriate line item , in the 1995-96 budget of the • • County of Isle of Wight, Virginia. NOW, THEREFORB, BB IT AND IT IS HEREBY RESOa~ twelve Board of Supervisors of the County of Isle of Wight, Virgin thousand five hundred eighty seve aGar's ds Conshvction line item in the be appropriated to the Buildings an . 1995-96. budget of the County of Isle of Wight, Virginia.. BB IT FURTHER RESOLVfiD that the County Administrator of the County of Isle of Wight, Virginia is authorized to maker e~aP~Py ~ ~ e accounting adjustments in the budget and bo do all things this resolution effect. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board adopt the following resolution: ,- RESOLUTION TO ACCEPT AI~EE ~ ~~ O O MUCH AS FOUR HUNDRED SBV'ENTY _ SHALL BE RECEIVED FROMRT ~ ~ PEEDAILN~FORF DEPARTMENT OF MOT GRANT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received grant funding from the State Department of Motor Vehicles Speed Enforcement Grant in the amount of one thousand four hundred seventy three dollars ($1,473); and, LJ WHEREAS, the funds in the amount of one thousand four hundred seventy three dollars ($1,473) or so much as shall be received needs to be appropriated to the grant fund in the 1995-96 budget of the County of Isle of Wight; Virginia. i ~a hits N~• ;~ '~ .......~~....».:w~+r..•.p~...rasa~aac. .s~i•'1~,..ar`vile'11~~^x.~~r...~~'„'~.~,,f:o.~„mw..~.....~.w.~..+....., . ..,:! ... ~ ~ f ' ~ : NOWj TH13R6FORB„ BB lT AND TP•IS R1.iSOLV® by the ~ .. .., • ~ Board of Supervisors of the County of .Isle.of Wight,'Virginia dtiat °~ • .tho~d tout, hundred seventy. three dollars (~1,~473) or so much as shall . • ~• be received be ap priated to the S ~gnforcement Gnu-t line item In the' . 1998+96 budgeE ~ o~the County of , , a of ;Wight; Virginia. ~' ' .,.. :. .. • ~ .. BB IT FURTHBR RBSOLVI3D Chet the County Administrator of the • . Cogntl- of .Isla of W~ht, Virginia L authorized to ni-ske ,the ap~ro~tlate_ _.. _ ,~ _ , . .__ aooovnting adjuetmei-ts.ln,the budget~atrd to do all ti~inge ne~~Y bo give • ~ ~ thLl, reeolutiori effect. ~ ~' • ~ " ~ . ~L' ,: ~ ~ ~ ~ ' ~: ``t'he trtotioti iw~s adoQlei~ hn'~inwushi.(5-b)j . , ~ ~': : ,; . ' ' ... , c De elo went, requested the ~ • ' ~ tynil ~~, ~-Ie~trla~ Director of Bconoml p, • Board appropriate $10,000 or some a proprlate Amount bo proceed with the . publication of a communitjt servile/economic development~mag~ a for • the County which will focus upon education, history, tourism, s ppU-g- . health, real estate and economic development in the County. Supervisor Cofer moved the Board table consideration of the maw until the 13oatd's july,1996 meeting. The motion was adopted unatdmo Y . . (~)• Supervisor Bradby moved the Board adopt the following resolution: , HOLIDAY POR TH8 EMPLOYEES OF ,ISL.B OF WILT COUNTY . . ' WHBiZBAS, the Governor of the Commonwealth of Virgin has ~ .. . designated July 5,1996 as an additions( day off for State employ. ,and, , . WHBREAS, the additional day off wW afford State government . , . employees ample time bo travel and enjoy, the July,1996 holiday; and, . WHEREAS, the Board of Supervisors has generally allowed County of Isle of Wight employees to mirror the State with regard to holidays • and/or days off specifically designated by the' Governor of Virginia. NOW, '1TIBREFORB, BE IT AND 1'Ta ~S' HEREBY resolved that the Board of Supervisors of the County of Isle of Wight, Virg~~ Hof slhsle of 5, 1996 as a general holiday for the employees of the ty Wight. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board adopt the foUowlgg resolution. ' ~ RESOLUTION TO ACCEPT AND APPROPRIATE TWELVE . THOUSAND SBVEN HUNDRED FIVB DOLLARS FROM THB ~ c COMMONWBALTH OP VIRGllvIA FOR THB . TWO FOR LIPS PROGRAM WHERBAS, the Board of Supervisors of the County of Isle of Wight; F Virginia has been awarded funding from the Commonwealth of Virginia for the Two For-Life Program; and, 19 1 [i eo~~ 16 ~~,:,-705 1 • ~ ~~~ _ WHEREAS, funds in the amount of twelve thousand seven hundred • flue dollars ($12705) need to be appropriated to the Isle of Wight Volunteer Rescue Squad, Windsor Volunteer Rescue Squad and Carrollton Volunteer Fire Department line items in. the 1995-96 budget of the County of Isle of . Wight: ' .. ..,, • NOW, THEREFORB~E TT AND IT IS H$ItEB~LRESO~,YbD by_ the • Board of Supervisors of the County of Isle of Wight, Virginia that twelve . thousand. seven hundred five dollars ($12x705) be appropriated to line items 11-3203-5605A, Isle of Wight Volunteer Rescue Squad ($7,623.14), 11-3203- •. 56058, Windsor Volunteer Rescue Squad ($3,811.57) and 11-3202-5604A, `.Carrollton Volunteer. Fire Department ($1,270.52) in the 1995-96 budget of .~ .the County bf Isle of Wight. BE TI' FURTHER RESOLVED that the County Administrator of the • County of Isle of 1Night, Virginia is authorized to make the apppropriate • ~aooounting adjustments in the budget for this program and to do all the . ~ things necessary bo give this resolution effect. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Old Business. 1 A.. The application of Union Camp Corporation, owner and Daco Land Company, Ltd., prospective owner, for a change in zoning classification from A-~, Agricultural General to Conditional R 3, Conditional Townhouse Residence District, approximately 134 acres of land located on the south side of Battery Pazk Road (Route 704) between. the Town Limits of Smithfield and Nike Park Road (Route 669) th Newport Magisterial District. (Tabled May 16,1996). Mr. David stated for the Boazd's information are the results of an independent analysis of the traffic impact study, performed by Langley and McDonald, P.C., at the developer's expense. j. T. Cutler, representing DACO and Union Camp Corporation, stated two reports have been prepared which indi,~te London Park by itself will not generate volumes of traffic sufficient for a traffic signal at the intersection of Battery Park Road and Nike Pazk Road. Valerie Henshel stated that the Virginia Depaztment of Transportation is currently aware that there is a need now for traffic signalization without. • the establishment of London Park. Ms. Hershel reiterated that London Park does not warrant a traffic signal by itself. 1 Supervisor Spady requested an additional study be performed regarding turn lanes as suggested by VDOT. Supervisor Spady moved the Board table consideration of the master until the July, 1996 meeting of the Board and directed the Director of Planning and Zoning bring back a further study regarding the need for turn lanes, at the developer's expense, for the Board's review. The motion was adopted unanimously (5-0). The Director of Planning and Zoning was directed by Supervisor Claud to advise the Chairman of the Board when such study is complete. Zo eoo~ ~s i~Ff~y/~~ iq.y~ ..'., ......:. ~. re.rh~r.. w...~. a~.M .:. .;...<. Vdrw'_{. .u ";;) .-~ ~. ~.• .ti.. •:. !. ..... v. ,.. . ~ . B. .Proposed General Operating and E-911 Budgets for the County . of Isle of Wight for the Fiscal Year~uljr L 1996 Throueh rune 31Zz .. . . ._ ~ ~ • _1997.: (Tabled May 16,1996).: ~ .. _ . ~. Supervisor Cofer moved the Board adopt the General Operating Budget in the total amount of $42„795,642. The motion was adopted. ~. uttanianousl}t. (5-0). Supervisor Cofer further moved the Board adopt the &911 Budget in • ~ the total amount of $18,435. The motion was adopted unanimously (5-0). • ..:, lL , • Supervisor Cofer advised the Boazd that additional information was . presented to hia- on the matter of the Sallie Belle G. Benedetti. and Howard H. Gwaltney, jr~ Estate zoning application previously considered by the Board at their May 16,1996 meeting. Stephanie Broadwater appeared and stated she would like the opportunity to present the Board .additional. proffers and. plans., ; • County Attorney Crook stated the statute requires that all proffers be presented to,the Boazd in writing prior to the public hearing. Mr. Crook stated matters of zoning proffers must go back to the Planning Commission when the proffers are substantially different from those previously submitted and considered by the Planning Commission, and Board of Supervisors. Supervisor Cofer moved the Boazd reconsider their previous action • taken on the application of Sal1Ie Belle G. Benedetti and the Howazd H. • Gwaltney, ~ Jr. Estate for a change in zoning classification .from A-1, Agricultural Limited to Conditional &1, Conditional Business General at their May 16,1996 meeting. The motion was adopted unanimously (5-O). Supervisor Cofer further moved the Board table consideration of the application of Sallie Belle G. Benedetti and the Howazd H. Gwaltney, jr. Estate until the Boazd's August, 1996 meeting.. The motion was adopted unanimously (5-0). // ,:~ Chairman Bradshaw called for New Business. Chairman Bradshaw moved the Board appoint a Parks and Recreation Committee consisting of himself and Supervisor Claud. The motion was adopted unanimously (5-0). // Chairman Bradshaw called for Appointments. Supervisor Spady moved the Boazd reappoint Richard L. Peerey to the Isle of Wight County School Board to represent the Carrsville Election District for. a -term of four years beginning July 1, 1996. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board appoint Betty j. Alphin representing the Windsor Election District on the Industrial Development i u ~.~M sooty 16 :~~-707 Authority for, a four-year term which will expire in June of 2000. The motion was adopted unanimously (5-0). • ~ Supervisor. Claud moved the Board appoint Joyce Neighbours, to replace Andy Rose, on the Walter Cecil. Rawls Library Board fora four- , year term which will expire th July of ?.000. The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board appoint Jessica Delk to the Youth Services Advisory Board as the "Under 18" representative for aone- 'year terns which will expire th July of 1997 The motion was adopted ut~aninnously (5-0). Chairman Bradshaw moved the Board appoint Robert C. Claud, Sr. • to the Hampton Roads Planning District Commission for a two-year term which will expire in July of 1998. The motion was adopted unanimously (~)• Supervisor Cofer moved the Board appoint Dr. William A. Birchette, III to the Virginia Alcohol Safety Program for an additional three-year term . which will expire in May of 1999. The motion was adopted unanimously (~)• 1 Chairman Bradshaw moved the Board reappoint Linda Bean to the Southeastern Virginia Job Training Administration for an additional two- year term which will expire in July of 1998. The motion was adopted unanimously (5-0). . // County Administrator Caskey requested an executive session pursuant to Section 2.1-344 Al of the Freedom of Information Act concerning consultation with staff and mussel on two personnel matters and under Section 2.1-344 A7 of the Freedom of Information Act concerning advice of counsel relative to litigation. ~ • County Attorney Crook requested an executive session pursuant to Section 2.1-344 Al of the Freedom of Information Act concerning advice of counsel on a personnel matter and under Section 2.1-344 A7 of the Freedom of Information Act relative to litigation. Supervisor Cofer requested an executive session pursuant to Section 2.1-344 A7 of the Freedom of Information Act concerning advice of counsel relative to contract negotiations. 1 At 9:50 p.m., Supervisor Spady moved the Board enter executive session for the reasons stated by the County Administrator, County Attorney and Supervisor Cofer. The motion was adopted unanimously (5- 0). Upon returning to open session at 10:10 p.m., Supervisor Claud moved the Board adopt the following resolution: r~ . .. ~~ 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, 21-344.1A 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 Tl' 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 heazd, discussed or rnnsidered by the Boazd of Supervisors. ~~ L~ YS?~ AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 T'he motion was adopted unanimously (5-0). Supervisor Cofer moved the Board authorize staff tD send asixty-days notice terminating the contract with H. L. Duke,tit Company as the third- party administrator for the County's insurance plan. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board authorize the County Administrator, through the County's consultant, Sam Rosenthal, to go out with RFP's for athird-party administrator for the County's insurance program. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board authorize staff to advertise the Board's July meeting for July 16,1996 at 6:00 p.m. The motion was adopted unanimously (5-0). At 10:13 p.m., Supervisor Spady moved the Boazd adjourn. The motion was adopted unanimously (5-0). hil ' A. Bradshaw, Chairman ~~ W. Dou as ~ key, C1 . 23 1