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01-16-1997 Regular Meetingeo~~ 17 -~:-i1e REGULAR MEETING OF THE ISLE OF .WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF JANUARY IN THE YEAR NINETEEN HUNDRED NINETY SEVEN PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice Chairman O. A. Spady Malcolm T. Cofer Phillip A. Bradshaw Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradshaw called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Bradby. // Chairman Bradshaw. designated County Administrator Caskey to act as Chairman to conduct the election of a new Chairman of the Board of Supervisors for 1997. County Administrator. Caskey opened the floor for nominations. Supervisor Cofer moved .the Board elect Henry H. Bradby as Chairman of the Board of Supervisors for 1997. There being no further nominations, Supervisor .Cofer moved the Board close the nominations. Henry H. Bradby was then elected Chairman of the Board for 1997 by a vote of (40) of the Board. Henry H. Bradby abstained from voting. Chairman Bradby called for nominations for Vice Chairman. Supervisor Spady moved the Board elect Robert C. Claud, Sr. as Vice Chairman for 1997. There being no further nominations, Super~•isor Bradshaw moved the Board close the nominations.. Robert C. Claud, Sr. was then elected Vice Chairman of the Board for 1997 by a vote of (-I-0) of the Board. Robert C. Claud abstained from voting. Supervisor Cofer moved the Board designate the first Thursday of each month. at 2:00 p.m. and the third Thursday of each month at 6:00 F.m. with public hearings to commence at 7:00 p.m. in the Board Roam at the Isle of Wight County Courthouse as the regular meeting da~5 and times ft~r the Board of Supervisors to meet for 1997. The motion ~.-as ad~~Fted unanimously (5-0). County Attorney Crook noted that although the statutz~ Fn~ride that the County Administrator ~~•ill ser~•e a the Clc~rl:, the Fti~.~rd ~-ust~~m3rih- goes through the formality of app~~intin,~; thc~ Ck~rk. 1 1 1 -~ ea~~. ~ 17 :: 117 Supervisor Bradshaw moved the Board designate W. Douglas Casket' as Clerk of the Board of Supervisors for 1997. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board appoint Carey H. Mills as its recording secretary. The motion was adopted unanimously (5-0). // Chairman Bradby called for Special Presentations. Paul Lee, CPA, .Auditor In Charge, Robinson, Farmer, Cox, and Associates, stated for fiscal year ended June 30, 1996, .the County's fund balance was approximately $8.6 million, of which $8.4 was undesignated. Mr. Lee stated it is recommended that the County retain between 10% and. 20% of fund balance on hand at the end of .the year. Mr. Lee stated the County's assessed values remained the same as the prior year and the tax levy increased approximately $1.2 million, of which 99.6% of the total levy was collected by the County. County Attorney Crook requested he be placed on the auditor's mailing list since he had not received the audit. // Chairman Bradby indicated the following Consent Agenda included Item 3, A through F, and asked if there were any items for removal: A. Resolution to Appropriate $300,000 From the Unappropriated Fund Balance of the General Fund. to the School Construction Fund B. Resolution to Appropriate $590,850 From the Unappropriated Fund Balance of the General Fund to the Isle of Wight County Schools C. City of Virginia Beach Resolution D. Delinquent Real Estate Tax Collection Monthly Report E. .December 19, 1996 Board of Supervisors' Regular Meeting Minutes F. December 19, 1996 Public Service Authority Regular Meeting Minutes 1 There being no items requested by the Board members forremoval, Supervisor Cofer moved. the Board approve all items of the Consent Agenda. The motion was adopted unanimously (5-0). // 2 BOCK 17 '~~1~0 Chairman Bradby called for Transportation Matters. A. Request of Franklin Equipment Company for entrance onto Union Camp Drive (Route 656) R. Bryan David, Director of.Planning and Zoning, stated VDOT has determined that the requested speed limit reduction not be approved. Mr. David stated VDOT's proposal that Franklin Equipment Company. acquire the right to excavate the embankment on the opposite side of the road to increase the site distance is not feasible for Franklin Equipment Company which continues to indicate that the speed .limit reduction is the most preferred option. Mr. David suggested the matter also be discussed when he schedules a meeting with the VDOT Resident and District Engineer on various. concerns of the Board. Supervisor Bradshaw requested the Director of Planning and Zoning set up a meeting with Mr. Keen of Franklin Equipment Company to show what is being done and request that the VDOT Resident Engineer be present. Supervisor Bradshaw further requested he be informed of the meeting date and time. Supervisor Bradshaw noted Franklin Equipment Company has a legitimate reason for the request and Union Camp is in support of same. Mr. David presented a request by Alan Monette dated January 9, 1997 concerning the deterioration of. Day's Point Road. Mr. David stated he will coordinate a meeting to include the VDOT Resident Engineer, Chairman Bradby, Mr. Monette and himself to determine if there are any safety issues that can be addressed. immediately and that the project be considered when updating the State's Six-Year Improvement Plan. Mr. David noted a meeting. will be scheduled with the VDOT Resident and District Engineers relative to the Board's list of road concerns.. Supervisor Bradshaw requested the Director of Planning and Zoning obtain a letter on the status of Pruden Road and carbon copy Mr. Holloway on any related information. Supervisor Bradshaw moved the Board direct staff draft a letter to the County's General Assembly delegation requesting their involvement in providing additional funding for the County's transportation concerns. The motion was adopted unanimously (5-0). Mr. David stated based on the County's current Six-Year Plan funding stream, which consists of 22 secondary road projects, he-does not anticipate any additional funds being appropriated to the County. Mr. David stated the County only has sufficient funds to build 14 of the 22 projects. Mr. David stated he had requested the Resident Engineer provide him with a calendar year, wherein if no new projects were added, the listed roads would be built based on the. current funding stream from the State. Mr. David stated he estimates the year to be between 2010. through 2015. // 1 3 ao~K . 17 .~;11~ Chairman Bradby called for Citizens Comments. 1 Branch Lawson of Gatling Pointe and Bill Brown, Peninsula Housing and Builders Association, requested the Board not adopt the "Ordinance to Repeal Chapter 14, .Sewers of the Isle of Wight County Code and to Adopt the Following as Chapter 14, Sewers and Sewage Disposal in the Place and Stead Thereof°, but that it be further studied and revised. They specifically requested the Board revisit water tap fees and allow a 50% reduction for developer-installed water and sewer systems. // Chairman Bradby called for the Community Development report. A. The application of Carolina Cold Storage Limited Partnership for a Conditional Use Permit fora water supply that is designed to withdraw 288,000 gallons of water per day at Richmond Cold Storage, Smithfield Division Facility which is located at 10070 Old Stage Highway (Rou#e 10) in Hardy Magisterial Dis~rict. The actual usage proposed and to be permitted by the Virginia Department of Environmental Quality is 50,000 gallons per day. 1 Mr. David noted that although this matter is on the agenda, due to opposition at the Planning Commission meeting, the above application will be scheduled for public hearing by the Board at its February, 1997 meeting pursuant to Board policy. B. Request by Bryce and Karen Shriver for after-the fact zoning and building permits for a deck situated adjacent to the Resource Protection Area (RPA) in Gatling Pointe. North and for an exemption from certain requirements of the County's Chesapeake Bay Preservation Area (CBPA) Ordinance. Mr. David stated the Planning Commission considered the request at their regular meeting on November 12, 1996 and discussed the precedent setting nature of their action. in this: request. The County Attorney expressed a desire to review the deed restrictions for Gatling Pointe and the Planning Commission voted unanimously to table consideration of the request until its December meeting. The County Attorney was not present at the December 10, 1996 meeting and the Planning Commission tabled consideration of the request until its January 14, 1997 meeting. The Planning Commission following discussion and advice of Counsel at the January meeting recommended unanimously that the Board of Supervisors deny the request. i Bryce Shriver stated the steepness of the bank and surrounding vegetation does not offer access to the view of the water without some structure and it is important from this standpoint in order to make full use of the lot. During the building process, a change was made to reduce the size of the originally approved deck. Mr. Shriver stated the original deck which did extend over the water has been removed in compliance with the restrictive. covenants associated with Gatling Pointe. 4 80~N 17 -~;~1'?0 County Attorney Crook advised the Board it should hear from citizens in opposition as this is a request that the Board grant an exception to its ordinance. Chairman Bradby called for citizens to speak in opposition. to the proposed request. Upon no one appearing, Chairman Bradby called for comments from the Board. County Attorney Crook stated the existing deck was not approved by the Gatling Pointe Community Association. County Attorney Crook further stated the Planning Commission felt that approval of this request would open the door for further such structures on or near the water. Mr. Crook continued if relief is granted, the Board will set a precedent that all homes located. along the water in Gatling Pointe can build similar structures. Mr. Crook stated that while the Board cannot enforce deed restrictions per se, it does .review deed restrictions to determine what restrictions a particular community is enforcing and whether such request will change the restrictions and nature of a community. Supervisor Spady stated he does not feel that the Board should grant an exception that conflicts with the Gatling Pointe. Community Association's rules and regulations. Supervisor Spady suggested perhaps the Shrivers could work out a compromise with the Association that would be satisfactory to both parties. .Supervisor Spady .moved the Board deny the request for exemption of Bryce and Karen Shriver. The motion was adopted unanimously (5-0). C. Preliminary Plat showing subdivision of Wrenn's Mill Estates, Section III-B, Plantation Lane, Route 1414, Hardy Magisterial District. Mr. David stated the plat was tabled by the Planning Commission until its February, 1997 meeting in order to further address design issues with the developer's engineer. As a result, no action is required by the Board at this time, stated Mr. David. D. .Preliminary Plat of Cypress Creek, Section 1, being a subdivision of property of Cypress Creek Development Company, LLC, Route 710, Shady Drive, Newport Magisterial District. Mr. David stated the developer is requesting an exemption from the ..County's Subdivision Ordinance. Mr. David stated the entrance roadway is in compliance with. the Town of Smithfield's requirement for 60 foot right-of-way, however, the County's Subdivision Ordinance requires major roads that carry more than 500 vehicles per day have at least an 80 foot right-of-way..- Mr. David stated there are no individual lots entering onto the roadway and the developer's engineer has represented that certain landscaping easements would be provided. Mr. David stated the Planning 1 5 Eoa~ ~ ~ 1 ,.. ~%~ Commission recommended unanimously that the preliminary plat be approved and that an exemption be granted to Section 4-4-1-4 of the County's Subdivision Ordinance. U Supervisor Cofer moved the Board. approve the preliminary plat. of Cypress Creek and. grant the .exception to .the Subdivision Ordinance concerning the right-of-way width of the entrance roadway. The motion was adopted unanimously (5-0). Regarding the draft Request for Proposal (RFP) on solid. waste management, Mr. David stated the County Attorney and Director of Public Works have reviewed .the draft and their comments have been incorporated. Mr. David stated prior to issuance of the RFP the Board should determine if the tipping fees payable to SPSA. are to continue to be the responsibility of the .County and not the franchisee. Supervisor Cofer stated if there was no tipping fee involved, a waste hauler franchisee could own a private landfill and it would be cheaper for him to dispose of trash within the County rather than hauling the waste to SPSA. Supervisor Spady inquired if the County is paying the tipping fees for trash collected by private haulers. 1 Mr. David replied "no". He added the County currently budgets approximately $900,000 annually for .tipping fees. Supervisor Claud suggested deleting Section 3.4 of the RFP dealing with homes with driveways greater than 150 feet from the road as collection will be on a volun#ary basis. Supervisor Claud stated there are probably more homes than not located 150 feet from the road in the County which will drive up the cost, if implemented. Supervisor Claud suggested deleting Section 3.3 concerning backyard collection as it will be on a volunteer basis as well. Supervisor Claud 'stated individuals who desire to have trash picked up at their back door should arrange to have this done at an addifional cost to them, but the County would be responsible for trash being picked up at the roadside only. Mr. David noted that by removing Section 3.3 the County will not be mandating that the franchisee provide this service. Mr. David further noted that in instances where driveways are greater than 150. feet in length, trash will be picked up subject to terms agreeable to .both the franchisee and the County. 1 County Attorney Crook stated the. Board may wish to designate a number of residences for Section 3.4, as some residents may not wish to take their trash to the road and where there are several homes located on the same. dirt road it may be economically feasible to collect same. at the residences. Supervisor Spady stated in instances where there are several homes located on the same private lane, and if the homeowners request it, then the 6 80nK ~7 :;;?: ~42 County should instruct the franchisee to drive down the lane to pick up the residents' trash. However, if the franchisee is requesting additional money for this service, then the affected homeowners should be responsible for payment of the difference. Mr. David suggested revising Section 3.4 wherein the franchisee may provide driveway service to households that have driveways greater than 1S0 feet subject to terms agreeable to both the County and the franchisee in those instances where residents of a certain number of homes request it and are located on a private road. Supervisor Bradshaw suggested the Board look at the entire County as compared to individual districts wherein there could be citizens in some districts that are offered a cheaper rate. Mr. David stated the intent of the RFP is to make the proposer realize that the County is looking at offering an exclusive franchise to the enrire County. Supervisor Bradshaw stated a small business would not have the same opportunity to participate in .the RFP, whereas if the RFP provides the option to provide service to the entire County or specific districts, then a small business may be able to serve as a small district. Supervisor Bradshaw suggested businesses be allowed the option of providing a total package or service to individual districts. Supervisor Claud stated that while there are exceptions to everything, in this instance the County needs a uniform rate. It should be that every citizen has an alternative if they do not like the plan that the Board adopts in its location of collection sites, stated Supervisor Claud. Supervisor Spady stated the Board must. first determine. if door-to- door trash collection is feasible, and it will not know this until the figures are derived which may affect how many sites are. developed. Mr. David stated door-to-door trash collection will be mandated in all new subdivisions involving construction of public streets. Mr. David asked the Board if it wanted to mandate door-to-door collection for subdivisions not involving construction of public streets. Supervisor Claud stated where public streets are involved this service should be mandated, but where there is a sliding scale subdivision this should be deleted. Supervisor Spady moved the Board authorize staff to advertise the RFP as presented after the County Attorney has reviewed same based on changes authorized by the Board. The motion was adopted (4-0). Supervisor Cofer was not present for the vote. Regarding the Lee's Mill Road closure plan and the use of the property as a trash convenience site, the Director of Planning and Zonir~; advised that the Franklin City Council has approved the concept and the L.:1 7 eo~h ~ 17 .r. i?3 Franklin City Attorney is to develop a lease agreement that will. be forwarded to the County Attorney in the near future. Supervisor Bradshaw moved the Board adopt the following resolution: 1 RESOLUTION TO AUTHORIZE THE DEVELOPMENT .AND SUBMISSION OF A GRANT APPLICATION AND TO ACCEPT AND APPROPRIATE FORTY-TWO THOUSAND DOLLARS OR SO MUCH AS SHALL BE RECEIVED FROM THE COMMONWEALTH OF VIRGINIA, CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, has authorized the development, submission and .receipt of a grant from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department for the Chesapeake Bay Preservation Act Program; and WHEREAS, the funds in the amount of forty-two thousand dollars ($42,000) or so much as shall be received from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department needs to be appropriated to the Chesapeake Bay Preservation Act Program line item in the 1997-1998 budget of the County of Isle of Wight. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isleof Wight, Virginia, that forty-two thousand dollars ($42,000) or so much as shall be received from the Commonwealth of Virginia, Chesapeake Bay Local Assistance Department be appropriated in the 1997-98 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 things necessary to give this resolution effect. The motion was adopted (40). Supervisor Cofer was not present for the vote. // At 7:00 p.m., Supervisor Bradshaw moved the Board amend the order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). Chairman Bradby called for a public hearing on the following: A. Federal Transportation Enhancement Program - Boykin's Tavern Restoration 1 Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed restoration of Boykin's Tavern. Speaking in favor, Thomas Fenderson stated the County should 8 soon 17.M~124 develop its historic resources by erecting highway. markers and restoring landmarks such as Boykin's Tavern. Mr. Fenderson further .stated Isle of Wight County played an important part in the Revolutionary War as our revolutionary forefathers congregated at .the Tavern. Mr. Fenderson continued it would be a worthy monument to our Revolutionary War ancestors to preserve the Tavern and provide an incentive to relearn the County's history. Speaking in favor, Helen Haverty. King, representing the Isle of Wight County Historical Society, urged the Board to continue to take the necessary steps to preserve history. Ms. King noted there are few courthouses in the State of Virginia which have a tavern located next door. Speaking in favor, Howard Delk stated the restoration of Boykin's Tavern would be a great gift to leave the children of the County. Upon no one appearing in opposition, Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION REQUESTING TRANSPORTATION ENHANCEMENT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE BOYKIN'S TAVERN RESTORATION AND PRESERVATION PROJECT .WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary. that a request by resolution be received from .the local government or State agency in order that the Virginia Department of Transportation program an enhancement project in Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight requests the Commonwealth Transportation Board to establish a project for the improvement of the Boykin's Tavern Restoration and Preservation Project. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Isle of Wight hereby agrees to pay 20 percent of the total cost for planning and design, right of way, and construction of this project, and that, if the County subsequently elects to cancel this project, the County hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. The motion was adopted unanimously (5-0). Supervisor Bradshaw further moved that the Board direct staff send the. resolution to the General Assembly delegation requesting their support. Supervisor Bradshaw requested Mr. Fenderson, Ms. King and Mr. Delk to also contact the General Assembly delegation and the Transportation Board to request their support of this effort. The motion was adopted U 1 9 eo~K 1~ •~:.1~5 unanimously (5-0). 1 B. The application of Selma S. Horton for a change in zoning classification rom A-1, Agricultural Limited to Conditional R-A, Conditional Rural Residential, approximately twenty-one (21) acres of land located on the west side of Bethany Church Road (Route 678) between Wrenns Mill Road (Route .677) and Mill Swamp Road (Route 626) in Hardy Magisterial District. The purpose of the application is for a rural residential subdivision of nine (9) lots, as conditioned. Chairman Bradby called for citizens to speak in favor of or ~in opposition to the proposed application. Representing Selma S. Horton, William Riddick, attorney, stated the amount of homes proposed will not further burden the -road. .Attorney Riddick stated Ms. Horton has proffered conditions of a 100 .foot setback, no mobile homes, 1,500 square foot construction minimums, no further subdivision of these proposed lots and a $2,000 per. lot cash proffer. 1 Speaking in opposition, Steve W. Edwards, resident of Be#hany Church Road, urged the Board to deny the request. Mr. Edwards cited concerns with increased traffic on Bethany Church Road which is already narrow and offers little visibility.. Mr. Edwards -noted the area behind the proposed nine lots is divided into twenty acre parcels. Mr. Edwards further noted the proposed project is not in keeping with the. Comprehensive Plan. Mr. Edwards stated this area is zoned agricultural and the property owner who resides behind him already has approval to build a hog house. Mr. Edwards also noted he suspects- this area is where the County had its largest concentration of soldiers during the Civil .War. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Bradby noted he has received several calls in opposition to the proposed application and moved the Board concur with the recommendation of the Planning Commission and deny the application of Selma S. Horton. The motion was adopted unanimously (5-0). C. The application of Equestrian Management Services fora .Special Use Permit to locate a commercial stable operation on 22.05 acres of land located off Titus Creek Drive (Route 668) between Titus Point Lane. and Smith's Neck Road (Route 665) in Newport Magisterial District. ~~ Supervisor Bradby called for citizens to speak in favor. of or in opposition to the proposed application. Representing Peg Seals and Nardeen Henderson, William Riddick, attorney, stated the applicants plan to have horse shows and offer riding lessons. Attorney Riddick stated .the proposed barn is slightly smaller than the barn at the present location on Route 10. Attorney Riddick stated at the 10 aooK f .„:1~6 request of the Planning Commission, the applicants have met with Colonel Wooster, an adjacent. property owner, in an effort to satisfy his concerns. Colonel Wooster appeared and suggested using Titus Creek and Route 668 as access instead of Route 669 which does not pass most of the property. Colonel Wooster stated he had visited the site today and has no objections to the proposed barn as diagramed or the location of same. Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Spady moved the Board approve the application of Equestrian Management Services. The motion was adopted unanimously (5-0). D. The application of Alton R. Jewell for a change in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural Residential, approximately thirty (30) acres of land located on the north side of Rattlesnake Trail (Route 646) near the terminus of Rattlesnake Trail (Route 646) in Hardy Magisterial District. The purpose of the application is for no more than four (4) single family lots, as conditioned. Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed application. Representing Alton R. Jewell, the applicant, William Riddick, attorney, stated Mr. Jewell feels he is abiding by the proposed Zoning Ordinance under consideration. tonight by the Board. Attorney Riddick stated Mr. Jewell is proposing a sliding scale development and has proffered $1,500 per lot, prohibition of mobile homes and agreed to dedicate additional right-of-way on Route 646. Attorney Riddick noted no opposition appeared at the Planning Commission meeting. Attorney Riddick stated the Planning Commission expressed its concern that the property was not located near a fire. station, but there are a lot of tracts in the County which are not located near a fire station. Attorney Riddick stated Route 64b is a well maintained dead-end dirt road and the impact of the proposed four (4) lots would be limited. Mr. David noted that the $1,500 per lot cash proffer offered by Mr. Jewell at the Planning Commission meeting had not been received in writing. County Attorney Crook advised the Board it should have all proffers in writing before the public hearing by the Board. Supervisor Claud asked if Mr. Jewell's intention is to only have four (4) lots divided from the one hundred (100) acre tract of land. Attorney Riddick stated Mr. Jewell is requesting only four (4) lots be divided from the total one hundred (100) tract of land. LI 21 ao~h 17 .::127 County Attorney Crook suggested the Board table the matter in order for the applicant. to provide the proffers in writing prior to another public. hearing. L J~ Supervisor. Claud moved the Board table consideration of the application until its February, 1997 meeting in order for the proffers [only four (4) lots on the one hundred (100) acre tract] to be submitted in writing. The motion was adopted unanimously (5-0). E. The application of Jimmy C. Hodges for a change in zoning classification from A-1, Agricultural .Limited to C-Ml, Conditional Industrial Limited, .25 acre of land located at 20220 Waterfront Lane which is located off Reynolds Drive (Route. b65) in Newport Magisterial. District. The purpose of the application is for storage and maintenance of his contractor's equipment, as conditioned. Chairman Bradby called for citizens to speak in favor of or in opposition to the proposed application. 1 .Judy Hodges of Waterfront Lane requested the Board favorably consider her application. Mrs. Hodges stated she was unaware until June of 1996 that. the contractor's business, operated from her residence, was in violation of County codes. .Mrs. Hodges stated the equipment, while primarily used for a business, .was also used to maintain the dirt road leading to her property on Waterfront Lane, as well as the one-mile stretch leading into Doggett Lane at a reduced cost to neighbors down the lane. Speaking in favor, Bill Hertford requested the Board approve the application for the period of time the Hodges wish to keep the equipment there. Mr. Hertford stated the equipment does not pose a problem and is a cost savings to the neighbors. Speaking in favor, Lawrence Davis, requested the Board approve the request as Mr. Hodges' equipment has been used to maintain the road for many years. Speaking in favor, Ernie Gillespie, stated the equipment has been a benefit to the adjoining neighbors in providing maintenance to the road, as needed. Mr. Gillespie stated Mr. Hodges has been responsible in his use of the equipment. Mr. Gillespie stated he is not in favor of rezoning the residential property to commercial property, however, if a rezoning is necessary in order to allow the Hodges to continue maintaining the road, he is in favor of the application. Upon no one appearing in opposition, Chairman Bradby closed the public hearing and called for comments .from the Board. Supervisor Spady stated he visited the lane this week which was in excellent condition. Supervisor Spady stated the resident opposed has only been living in his residence for a year and he may not fully .appreciate how well the lane has been kept in the past. Supervisor Spady stated the 12 eo~K 17 .N,1?t~ building that Mr. Hodges is using to perform repairs is similar to a two story garage with bay windows. Supervisor Spady asked Mrs. Hodges how long she anticipates a .need for this site. to be zoned commercial. Mrs. Hodges stated she would be satisfied if the Board .would grant them two (2) years. County Attorney Crook reminded the Board that conditions should be submitted in writing before the public hearing so that the Board does not impose conditions in conditional zoning"matters. Supervisor Spady moved the Board table consideration of the application until its February, 1997 meeting to allow the applicant time to submit the stated condition in writing limiting the use to no more than two (2) years. The motion. was adopted unanimously (5-0). // At 7:50 p.m., Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted unanimously (5-0). // Chairman Bradby called for the continuation of the Community Development report. Mr. David stated the County has been identified as a potential recipient of an educational kiosk being developed by the Chesapeake Bay Local Government Advisory Committee which is provided free of charge. Mr. David stated the program does require. the County provide support to install and maintain the kiosk and contribute information about the. access site. Mr. David stated the Jones Creek Boat Ramp is the most appropriate location for the kiosk. Mr. David distributed a color representation of the kiosk. Supervisor Cofer moved the Board authorize staff to send a letter of willingness to the Commission to accept the kiosk. The motion was adopted unanimously (5-0). Mr. David stated the final paperwork has been finalized with the Corps of Engineers for the Jones Creek dredging project. and work should commence by the first of March, 1997. Supervisor Spady requested appropriate notification to interested parties prior to initiation of work and noted a desire to meet with the COE prior to project start-up. // At 7:55 p.m., Supervisor Spady moved the Board take aten-minute recess. The motion was adopted unanimously (5-0). L 13 $a~~ ~ 1? -~: lz~ ii Upon returning to open session at 8:05 p.m., Chairman Bradby called for the Public Utilities report. 1 Supervisor Cofer noted the Director of Public Utilities' report was included. under Old Business. // Chairman Bradby called for the County Attorney's report. County Attorney Crook stated the Director of Public Utilities previously provided him with the contract between the County. and AES . Engineering concerning the water line design from Windsor to the Isle of Wight County Industrial Park. County Attorney Crook stated the Director of Public Utilities has advised him that the decision not to proceed with the infrastructure wi#hin the Park has not been discussed by .the Board, As a result, the Board should publicly state that it is proceeding with the water line and construction to the Park and not proceeding within the park with ..any infrastructure construction if that is the decision of the Board, stated County Attorney Crook. C~ Supervisor Cofer moved the Board approve the AES contract for the water line from Windsor to the Isle of Wight County Industrial Park.. The motion was adopted unanimously (5-0). County Attorney Crook presented for the Board's consideration a Note and Deed of Trust to secure the cash proffers on the Barton Landing Subdivision which he recommends the Board approve and authorize the Chairman to sign. Supervisor Spady moved the Board approve the Note and Deed of Trust for the Barton Landing Subdivision and authorize the Chairman to sign same on behalf of the Board. The motion was adopted unanimously (5-0). .County Attorney Crook stated he has received from the State the agreement for the solid waste collection site at the Walters Juvenile Boot Camp which has been revised, as he requested and suggested, and which he recommends the Board approve and authorize the Chairman to sign. Supervisor Bradshaw moved the Board approve the Agreement. and authorize the Chairman to sign same on behalf of the County. The motion was adopted unanimously (5-0). County Attorney Crook stated he and the County Administrator met with a representative of Paul D. Camp Community College concerning the lease for the tower located near Windsor. County Attorney Crook. stated the Board should first ascertain whether or not it has a need for the tower because, in taking over the lease for the property, the County must pay rent for the next three (3) years and the property owner could request the tower 14 A u O T ~ ~ ~ h ~ ,i ~ / be removed at the end of that time. Supervisor Bradshaw asked if the school administration could utilize the tower. County Administrator Casket' stated an informal request to the School Superintendent was made earlier and he would again contact the School Superintendent, as well as the Sheriff's Department, to determine if they had a need for the tower. County Attorney Crook stated he anticipates receiving the engineering study performed on the tower relative to its strengths and weaknesses in the near future. County Attorney Crook stated he would have a recommendation far the Board at its February, 1997 meeting. // Chairman Bradby called for the County Administrator's report: County Administrator Casket' stated the School Superintendent presented a request to the Board at its December meeting for funding to initiate the design and construction for the proposed Windsor Elementary School. At that time, the Board authorized an expenditure of $300,000 for design and construction and the Board indicated they would consider the balance of this request at its meeting tonight, stated County Administrator Casket'. Supervisor Cofer moved the Board authorize $425,465 from the unappropriated .fund balance for the balance of the expenditures for the design of the Windsor Elementary School for this fiscal year.. The motion was adopted unanimously (5-0). Supervisor Cofer further moved the School Board be requested to apply fora State Literary loan in the maximum amount available ($5,000,000) and authorize Larry Wales, the County's financial advisor, to aid the School - Board in its application. The motion was adopted unanimously (5-0). County Administrator Casket' recommended the Board authorize staff to proceed with negotiating with Municipal Advisors, Inc. for afive-year study for the fiscal periods 1997-2001 to explore the proposed .capital budget, current and projected needs, financing of same and its impact to the County's present debt burden, present and future debt capacity, statutory debt limitations, and debt management affecting the County. Supervisor Bradshaw moved. the Board authorize staff to proceed with negotiating the work with Municipal Advisors, Inc. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE _~ 1 15 eoc~r 1`7 ~„::131 TWENTY TWO THOUSAND TWO HUNDRED NINETY FOUR DOLLARS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE V-STOP GRANT PROGRAM D WHEREAS, the Isle of Wight County Victim-Witness Assistance Office has received grant funds from the Commonwealth of Virginia Department of Criminal Justice.Services V-STOP Grant Program; and, WHEREAS, funds in the amount of .twenty two thousand two hundred ninety four dollars ($22,294) from the Commonwealth of Virginia Department of Criminal Justice Services .need to be accepted and appropriated to the 1996-97 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 twenty two thousand two hundred ninety four dollars or as much as shall be received from the Commonwealth of Virginia Department of Criminal Justice Services be appropriated to the 1996-97 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. 1 The motion was adopted unanimously (5-0). Lynn P. Harris, Director of Economic Development, stated she has contacted the. Economic Development Administration (EDA) requesting an extension of the County's EDA grant since it was unable to meet the January 27, 1997 deadline. Mrs. Harris stated the EDA has indicated its willingness to consider. an extension of eighteen (18) months to two (2) years if she provides a letter stating why the County is requesting the delay .and how long the County may need. Mrs. Harris stated during this period of time it will be necessary to have the $400,000 contained in the CIP remain available as a matching fund. E. Wayne Rountree, P.E. Director of Public Utilities, stated as previously discussed the already appropriated funds. will be utilized for the off-site water line from Windsor to the Isle of Wight County Industrial Park r- The Director of Economic Development was directed by the Board. to proceed with the grant extension by the EDA and to continue. to retain the necessary matching funds in the CIP. Regarding the Carrsville Athletic Association's previous request to the County to utilize the old Carrsville Fire Department building for its meetings and various community activities, County Administrator Caskey stated staff has met with representatives of the Association to request specific criteria for their needs in utilizing the building. County Administrator Caskey stated information was provided to the Board under separate cover dated January 13, 1997 from the Director of Public Works 16 ~o~~ 17 -~~~132 and the Superintendent of Inspections regarding the rnndtion of the building and what improvements would be necessary. Supervisor Bradshaw requested the Director of Public Works provide the Board with ..his cost estimates to perform the recommended repairs noting that the Association only wants use of the building for storage. Ludford T. Creef, III, Director of Public Works, stated both bay doors can be replaced for $1,490 which should be done regardless of who uses the building. Supervisor Spady stated he sees no reason why the Association. could not use the building for storage. Supervisor Spady stated the County should maintain the roof and the outside of the building, -but .other restorations should be the responsibility of whoever leases the building. Arthur E. Berkley, Superintendent of Inspections, stated it should be made clear to whoever uses the building that it is to be used only for storage and no other purposes. Supervisor Bradshaw moved the Board authorize the Director of Public Works to work out arrangements with the Association for their use of the building for storage only and to authorize the Director of Public Works to perform .the necessary repairs. In the meantime, the County Attorney is directed by the Board to develop a lease agreement between .the County and the Carrsville Athletic Association.. The motion was adopted unanimously (5-0). Regarding the stabilization of Boykin's Tavern, County Administrator Caskey stated the Planning Commission is currently reviewing the matter and will be making a recommendation to the Board regarding along-term solution. Information relative to a short-term solution is included in the agenda for the Board's discussion, stated County Administrator Caskey. Supervisor Cofer stated he had met recently with a contractor who recommends mothballing by taking the structure down and placing it in inventory. At whatever time sufficient funds are available it can be rebuilt, stated Supervisor Cofer. Supervisor Spady stated he would estimate it will take $1,000,000 to renovate the Tavern and before he spends taxpayers' money to restore the structure he would like the private sector to donate a share of the necessary funds. Lynn P. Harris stated mothballing is generally accepted by the Department of Historic Resources. Should the County proceed with mothballing, the structure. would come off the historic register and, upon reassembly, the County could reapply. for historic designation at that time, stated Mrs. Harris. Supervisor Bradshaw stated it is difficult to spend $1,000,000 of tax payers' money to renovate the building. especially due to the expansion of 1 r, 17 ~o~n .11.. 1`'3 schools the County is currently. undergoing. Supervisor Bradshaw stated he believes this is an excellent opportunity for ashort-term- solution, while in the meantime, corporations and citizens may be found who are willing to donate the necessary funds. D Supervisor Cofer moved the Board table the matter for thirty days and request staff to discuss the matter further with a contractor. The motion was adopted unanimously (5-0). Regarding the Isle of Wight Volunteer Rescue Squad building roof repairs, County Administrator Caskey recommended the Board accept the bid and authorize expenditure of the County's share of the costs from the Capital Budget. Supervisor Cofer moved the Board accept the bid and authorize expenditure of the County's share of the costs from the. Capital Budget. The motion was adopted unanimously (5-0). County Administrator Caskey presented a .request from the Isle of Wight Tourism Bureau to use the open area adjacent to the Paul D. Camp Community :College facility/Smithfield Branch. Library for activities associated with the 1997 Olden Days Festival scheduled in May. 1 .Supervisor Cofer moved the Board approve the request of the Isle of Wight Tourism Bureau to use the open area adjacent to the Paul D. Camp Community College .facility/Smithfield .Branch Library scheduled in May of 1997. The motion was adopted unanimously (5-0). Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources, provided the Board with a status report on the Carrollton Public Library project. Mr. Robertson stated two (2) architects were interviewed who had submitted proposals .for the project and a committee is reviewing the materials. Mr. Robertson stated the committee will provide the Board with its .recommendation at the Board's next meeting. County Attorney Crook stated if the County is the contracting party, then the Board of Supervisors must interview the top two (2) architectural firms for the project. Supervisor- Spady stated he will discuss the matter further with the County Attorney as to the. method for having the Library Association handle such selection as compared to the Board. 1 Responsive to the Board's previous direction for staff to provide a report. on County personnel appointed to various boards/commissions/committees and. routinely attend day and .night meetings, County Administrator Caskey stated compensating personnel for attending such meetings outside of normal work hours would cost the County approximately $13,300 annually with the total annual cost of compensation for all meetings being attended being approximately $32,2A0 18 annually. Supervisor Claud suggested the matter be further reviewed when the Board evaluates the .Pay and Classification Plan. Supervisor Bradshaw stated it should be made clear to potential professional employees that when they are hired any meetings they attend will be part of their normal job. duties. Mr. Robertson stated the Isle of Wight County Substance Abuse Advisory Council has repeatedly contacted him with issues regarding their bylaws that they would like to present to the Board for its review and action. County Attorney Crook .stated he had rewritten the Advisory Council's bylaws several years ago, but he would be glad to meet with them to discuss their problems and concerns. Supervisor Bradshaw moved the Board direct the County Attorney meet with the Isle of Wight County Substance Abuse Advisory Council. The motion was adopted unanimously (5-0). Mr. Robertson stated he has provided the Board with additional information for their reference relative to the upcoming work session on the Draft Compensation and Classification Plan. Relative to the comments of the Clerk of the Circuit Court and the Commissioner of Revenue, these have been forwarded to the consultant and hopefully their response will be available by the work session, stated Mr. Robertson. Supervisor Bradshaw requested the Assistant to the County Administrator/Director of Human Resources, forward the Commissioner of the Revenue's comments to the Board for its information and. advise the Commissioner that his forwarding his comments directly to the consultant was not the proper channel as the consultants were hired by the Board. Supervisor Claud moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE THIRTY THOUSAND DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR ADDITIONAL EXPENDITURES FOR THE CLOSURE OF THE COUNTY SANITARY LANDFILL WHEREAS, the Board of Supervisors of the County of Isle, of Wight, Virginia has approved additional expenditures for the closure of the County sanitary landfill; and, WHEREAS, the funds in the amount of thirty thousand dollars ($30,000) need to be appropriated from the unappropriated fund balance of the General Fund to the capital projects fund for the additional expenditures for the closure of the County sanitary landfill in the 1996-97 budget of the County of Isle of Wight, Virginia. IJ 19 800n ~ 1 • ~ : 1 u NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty thousand dollars ($30,000). from the unappropriated fund balance of the General Fund be appropriated to the capital projects fund for additional expenditures for the closure of the County sanitary landfill in the 1996-97 budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVID that the County Administrator is hereby .authorized to make the appropriate accounting adjustments in the 1996-97 budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Regarding proposed SB 750 (elimination of local personal property tax), Supervisor Bradshaw moved the Board direct staff and authorize any interested Board member to attend the public hearing in support of VACo's position opposing SB 750. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved .the Board direct the Assistant to the County Administrator/Director of Human Resources to request the Policy and Management Team authorized under the Comprehensive Services Act (CSA) provide the Board with a presentation on how the CSA is impacting the County at the Board's March, 1997 meeting. The motion was adopted unanimously. (5-0). L County Administrator Caskey presented information to the. Board which had been provided by the Executive Director of the Hampton Roads Planning District relative to the recent negotiations involving the Hampton Roads arena and feasibility of a National Hockey. Franchise. County Administrator Caskey noted Jack Dewan, Western Tidewater Regional Jail Superintendent, would be invited to the Board's February, 1997 meeting to brief the Board on the general operations of the jail. County Administrator Caskey stated he would be requesting Mr. Dewar provide presentations to the Board annually in the future. County Administrator Caskey .reminded the Board that the VACo/VML Legislative Day is scheduled for February 6, 1997 in Richmond. // Chairman Bradby called for .Old Business. A. Isle of Wight County Zoning Ordinance (Tabled November 21, 1996) 1 Mr. David stated should the Board take action to adopt the proposed Zoning Ordinance, an .effective date will need to be incorporated. Mr. David stated during the time of the. adoption of the proposed Zoning Ordinance and the effective date, .official zoning maps depicting the new zoning districts will need to be adopted by the Board with a recommendation from the Planning Commission. Mr. David reiterated that 20 eooa 17 .~_ 1~6 it is intended that all properties will be zoned under. the proposed Zoning Ordinance according to the current agricultural, residential, commercial, industrial or institutional use of such properties. Mr. David recommended the effective date of the Ordinance to be July 1, 1997. Regarding the sliding scale development scenario, Supervisor Bradshaw stated he thought he understood the Board discussed changing the 20 acres to 30 acres so as to make it more consistent with the cluster option. Mr. David stated that would allow for a greater number of lots as the size of the tract increased. Mr. David stated in order to create one more homesite on a tract of land att individual would need a minimum of 30 acres to subdivide .one additional lot and would be able to create an additional homesite for every 35 acres so that four homes would .still be created from a 100 acre tract of land. Mr. David stated this would mirror the number lots which could be created from a 100 acre tract as now contained in the sliding scale option. Mr. David. stated this takes all of the 21 acre parcels and freezes them from further. subdividing. Supervisor Bradshaw stated the County is benefiting the individuals who have taken advantage of the 21 acre exemption and penalizes the people who have tried to protect their land. Supervisor Claud .stated the other side is that individuals with the twenty-one acre tracts without this ordinance. could get four or five lots, but under this proposal they can subdivide only a total of two lots. Supervisor Bradshaw stated his objective is to have both scenarios the same. In other words, an owner who has a 100 acre tract of land that he has not subdivided and should he subdivide, he wants. to be able to get the same amount of lots as someone who already has it split up today. Supervisor Cofer suggested to do this would be to change the fifteen lots and thirty lots on the sliding scale. Supervisor Spady stated he would not have a problem with allowing additional lots on the sliding scale, however, his concern is with the curb -cuts. Supervisor Spady stated the Board could let it be done this way and just restrict the number of curb cuts. County Attorney Crook stated this would make the .proposed ordinance more restrictive and the Board would have to readvertise the matter and have a public hearing. County Attorney Crook stated in his opinion he does not believe the proposed ordinance should be more restrictive. Supervisor Bradshaw stated he would agree for the Board to proceed with approving the Ordinance and at the same time send the matter back to the Planning Commission in order to readdress this issue. Supervisor Cofer moved the Board adopt the revised Ordinance to 1 1 21 -I dO4M 11 •~: ~~~ become effective July 1, 1997 and request the Planning Commission to further review and address: The sliding scale option in order to address the inequity .that exists. between large tracts property owners who subdivided their tracts into. 21 acre parcels versus property owners who retained the large area tracts. For 200+ acre tracts of land, the increasing number of lots that can be potentially subdivided from these large tracts of land. The motion was adopted unanimously (5-0). 1 B. An Ordinance to Repeal Chapter 14, Sewers of the Isle of Wight County Code and to Adopt the Following as Chapter 14, Sewers and Sewage Disposal in the Place and Stead Thereof (Tabled December 19, 1996) E. Wayne Rountree, P.E., Director. of Public Utilities, distributed a copy. of a letter dated January 9, 1997 addressed to the Board Chairman from the Peninsula Housing and Builders Association requesting the Board postpone action on the proposed Sewer Ordinance until additional research can be conducted. Mr. Rountree stated the .proposed ordinance does not currently offer. a discount to developers for developer installed systems. Supervisor Spady sta#ed other localities do provide a credit to developers for developer installed systems and he would recommend a percentage discount. Mr. Rountree stated a $3,000 connection fee is being proposed and the existing sewer connection fee is $2,000. Those affected: by this increase will primarily be any new connections. in the Camptown area. Supervisor Bradshaw asked why would the Board change the fee in the Camptown system which is already paid for and is in a poverty stricken area. Mr. Rountree stated the intent is to adopt a uniform rate County-wide. Supervisor Cofer stated he is in favor of providing developers with a reduction and having a uniform rate throughout the County. Supervisor Claud stated the Board has adopted 7,500 gallons as being a normal family usage in County systems and he believes the Board should adopt a flat $12 monthly fee for sewage in the County for residential .use because HRSD's fees will be based on usage. Supervisor Claud stated the $12 flan County rate plus HRSD's rate of $12.03 will .establish a $24.03 monthly user fee which is reasonable. County Attorney Crook stated that Supervisor Claud wanted Section 1410A1 on page 13 amended to read a bi-monthly user fee of $24 per unit. 22 ~o~~ ~.7.:.-1~~ Supervisor Cofer moved the Board adopt the Sewer Ordinance with the following.. changes: Page 13, 1410A1 to read bi-monthly user fee shall be $24 per unit Developer installed connection fee be 40% of regular connection fee The motion was adopted unanimously (5-0). Supervisor Cofer .further moved the Board authorize the County Attorney prepare an amendment to the water connection fees in the Water Ordinance to be advertised with a 40% developer installed reduction, less than the $3,000, for the Board's February, .1997 meeting. The motion was adopted unanimously (5-0). Supervisor Claud moved the effective date for sewer rates under the ordinance be July 1, 1997. The motion was adopted unanimously (5-0). Regarding the design and survey. of the Windsor water line, Mr. Rountree asked if the funding should be handled from the existing Economic Development appropriation. The Board noted its desire to do the design work in the amount of $90,000 from the Economic Development appropriation and bring the. bids back to the Board. Mr. Rountree stated by the Board's February, 1997 meeting he will have a status report on the Northern Development Service District water project. Supervisor Spady stated the project could be further discussed at the Board's January 30, 1997 continued meeting. Supervisor Claud stated the Director of Public Works has informed him that if he had aroll-on/roll-off truck he could. pull the grey boxes at a cost to the County of $40 instead of the $60 per container now charged by SPSA. Supervisor Cofer stated he would like to see the complete cost for drivers, utilization and perhaps put the matter to bid as there are several private haulers .with roll-on/roll-off trucks. Supervisor Claud moved. staff provide the Board with a complete layout of associated costs, i.e., drivers, utilization and a draft RFP. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested-staff provide the Board with a cost analysis for in-house collection service as compared to utilizing SPSA. // 1 23 ea~K ~ 17 .. 1`~~.~ Chairman Bradby called for New Business. ~~ Supervisor Cofer noted that VACo/VML Legislative Day in Richmond is scheduled for February 6, 1997 and moved the Board cancel its February 6, 1997 regular meeting due to an expected lack of quorum. The motion was adopted unanimously (5-0). Supervisor Cofer noted the presence of Mayor Chapman from Smithfield. Supervisor Spady requested the Director of Public Works have future RFPs for roofing repairs/replacement not be limited to only membrane and torch-down type roofs. County Attorney Crook stated. by statute the Schedule of Treasurer's Accountability to the County must be published immediately following the audit. Supervisor Bradshaw moved the Board authorize staff to publish the audit in accordance with the Code of .Virginia. The motion was adopted unanimously (5-0). // Chairman Bradby called for Appointments. 1 Supervisor Spady moved the Board appoint James W. Hall, replacing Floydette E. Pitt, to the Paul D. Camp Community College Board. Mr. Hall's term to expire in June of 2000. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Nola Matthews representing the Carrsville District on the Commission on Aging for an additional three-year term.. Ms. Matthews' term to expire in January of 2000. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board reappoint Sandra Freeman on the Southeastern Tidewater Opportunity Project for an additional one-year term. Ms. Freeman's term to expire in January of 1998. The motion was adopted unanimously (5-0). 1 Supervisor Bradshaw moved the Board reappoint Marvin M. Pulley, III to the Tidewater Emergency Medical Services Council, Inc. for an additional two-year term. Mr. Pulley's term to expire in February of 1999. The motion was adopted unanimously (5-0). Supervisor Claud moved the Board appoint Eddie Ray Scott, replacing Larry Willis, representing the Windsor District for afour-year term on the Transportation Safety Committee. Mr. Scott's term to expire in January of 2001. The motion was adopted unanimously (5-0). 24 80Qn ~7 ~: , ~~t~ Chairman Bradby moved the Board reappoint Otis Farmer representing the Hardy District on the Commission on Aging for an additional three-year term. Mr. Farmer's term to expire in February of 2000. The motion was adopted unanimously (5-0). Chairman Bradby .moved the Board reappoint Natalie Bradby representing the Hardy District on the Commission on Aging for an additional .three-year term. Mrs. Bradby's term to expire in February of 2000. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board reappoint Larry J. O'Bryan representing the Newport District on the Planning Commission for an additional four-year term. Mr. O'Bryan's term to expire in February of 2001. The motion was adopted unanimously (5-0). Supervisor Spady moved the Board reappoint W. Martin Jones representing the Newport District on the Planning Commission for an additional four-year term.. Mr. Jones' term to expire in February of 2001. The motion was adopted unanimously (5-0). Chairman Bradby moved the Board reappoint Phyllis B. Bloxorn representing. the Hardy District on the Planning Commission for an additional four-year term. Ms. Bloxom's term to expire in February of 2001. The motion was adopted unanimously (5-0). // County Attorney Crook requested an executive session under Section 2.1-344 A7 of the Freedom of Information Act relative to potential litigation. and advice of counsel on legal matters requiring advice of counsel. At 10:00 p.m., Supervisor Bradshaw moved the Board enter executive session for the reasons stated by the County Attorney. The mofion was adopted unanimously (5-0). Upon returning to open session at 10:15 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 Super~-isors hereby certifies that, to the best of each member's knowledge, (i) only guhlic 1 C 25 -i 1 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. VOT' AYES: 5 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Supervisor Bradshaw moved the Board continue its. meeting until January 30, 1997 at 1:00 p.m. The motion was adopted unanimously (5- 0). z-- Henry H. radby, Chairman 1 26