06-05-1997 Regular Meeting.,
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REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE. FIFTH DAY OF JUNE 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 Casket', County Administrator
Donald. T. Robertson, Assistant to the
County Administrator/Director of Human
Resources
Carey H. Mills,. Recording Secretary
Chairman Bradby called the meetingto order at 2:00 p.m. The invocation
.was delivered by Supervisor Bradshaw.
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Chairman Bradby called for Special Presentations..
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Naomi B. Banks was presented with a plaque of appreciation fortwenty-
four years of continued service. Barbara B. Chappell and Benjamin Faltz, Jr. f
were recognized by the Board- for ten years of continuous service. William Blair, f
Jr., Herbert E. Porter and William Spratley, Jr. were recognized by-the Board- for.
five years of continuous service.
Supervisor Bradshaw moved the Board adopt the following resolution:
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RESOLUTION TO EXPRESS GRATITUDE
TO R. BRYAN DAVID
WHEREAS, R. Bryan David has been employed in the. Department of
Planning and Zoning .since September 10, 1990; and,
WHEREAS, R. Bryan David has served as Director. of Planning and
Zoning since January 1995; and,
WHEREAS,. Mr. David has tendered his resignation effective June 6,
1997;. and,
WHEREAS, Mr. David has served the Board of Supervisors and citizens
of the County of Isle of Wight in an exemplary manner..
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-NOW, THEREFORE,. BE Tf RESOLVED that the .Board of Supervisors
of Isle of Wight County, Virginia desires to express to R. Bryan David its
sincere. gratitude :for. his leadership and service to the Board of Supervisors and
the citizens. of the.. County.
BE IT FURTHER RESOLVED that this resolution be spread upon the
minutes of the meeting of the Isle. of Wight County. Board of Supervisors as a
matter of public record and that a copy be presented.: to R. Bryan.David.
The motion was adopted unanimously (5-0).
Sheriff C. W. Phelps provided the Board with an overview of the
operations within his Department and requested an additional $12,000 in his
Motor, Fuel, .Cube & Repair line .item and an additional $10,000 for drug
enforcement under his Special Investigation Task Force line item in his 1997-98
budget. Sheriff Phelps noted that Ford Motor Company has advised they will no
longer produce brown painted .vehicles for orders of less than five cars. The
Department of State Police anticipates ordering the vehicles in large lots which
'; will. enable the .County to .buy whatever number of vehicles is needed at a time.
Supervisor Bradshaw recommended the Sheriff meet with the .Director of
Budget and Finance to determine a standard for the replacementof vehicles.
Lawrence B. Wales, Jr., President of Municipal Advisors, Incorporated,
presented the Board with. a detailed. report on the County's financial situation.
Mr. Wales noted the County is in excellent financial condition, but should remain
cognizant of its aggressive capital improvements program. Mr. Wales further
noted he would provide the Board with the necessary .documentation in order to
sell the bond anticipation notes at the Board's June 19, 1997. meeting.
Branch Lawson, representing GrayMor Properties, advised the Board of the
status of that proposed development and the need for public water service in that
area.
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Chairman Bradby indicated the following Consent Agenda included. Item
2, A and B, and asked ifthere were any items for removal:
.There being no items requested by the Board members for removal,
Supervisor Cofer .moved the .Board .approve the Consent Agenda .with a
correction on page 3 of the May 1, 1997 minutes.. The motion -was .adopted
..unanimously (5-0).
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Chairman Bradby called for Transportation Matters.
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Following a status report by R. Bryan David, Director of Planning and
Zoning, on Mill Swamp Road, Route 626/621, the Board directed the Director
of Planning and Zoning to pursue requesting the Resident Engineer to locate a
sign painting truck to stripe, the yellow centerline.
Regarding the tentative 1997-98 Construction. Allocations and Six-Year
Improvement Program, .Supervisor Bradshaw moved the. Board direct staff to
request a meeting with the County's Generale Assembly representatives, possibly
at a work session at the Courthouse, in the latter part of the Summer regarding
transportation concerns and funding. The motion was .adopted unanimously. (5-
0).
Mr. David requested the Board's consideration. of a letter dated June 3,
1997 from MacFarland Neblett, Resident Engineer, VDOT transmitting a letter ,
from the Town of Windsor, Patricia M. Mann, Town Clerk,. dated May I6, 1-997,
concerning a request that Duke Street be closed .for the upcoming Fourth of July
celebration.
Supervisor Claud moved the Board concur .with the request that Duke
Street be closed for the July 4, 1997 celebration from Church Street to the
Windsor Library.. The motion was adopted unanimously (5-0).
Mr. David distributed a copy of a letter received in the County
Administrator's office on June 2, 1997 from Matthew Woodzell concerning
Smith's Neck Road (Route 668). '
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Supervisor Bradshaw moved the Board direct the Director of Planning and
Zoningforward Mr. Woodzell's.concern to the VDOT Resident. Engineer. Mr. .
David noted he would also forward a copy of the.. Battery. Park Corridor Study to
Mr. Woodzell for his information.
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Chairman Bradby called for Citizens Comments.
There were no citizens' comments.
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Supervisor Bradshaw moved the Board amend the order of the agenda- to
hear the Public Utilities. report. The motion was adopted. unanimously (5-0).
E. Wayne Rountree, Directorof Public Utilities, introduced Roger Hart of ~ .
R Stewart Royer and Steve Ballard from Ballard Engineering who. presented.
three- designs for an elevated tank in the Northern Development Service District
for the Board's consideration.
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The Board noted its. selection of the HydroPillar tank.
Mr. Rountreepresented three proposed routes for the Windsor Boulevazd
water line and requested the: Board advise which is the preferred route so that
final design of the project could proceed.
,Supervisor Claud moved the Board endorse Alternative # 1 as the preferred.
route of the water line with the easement to be adjacent to Windsor Boulevard
and authorize the Director of Public Utilities and County Attorney o secure the
necessary easements (approximately twenty five). for. the utility project. The
.motion was ;adopted unanimously (5-0).
lvlr. Rountree briefed the Board on the status of the Windsor sewer system
service area. Mr. Rountree inquired if the,Board wished to upgrade the vacuum
pump station io .allow the accommodation of an additional one hundred (100)
connections and, further, does the Board wish for the system to serve
approximately: twenty (20) additional homes on Walters Highway south of the
original service area.
Supervisor Claud moved. the Board incorporate an increased capacity in the
pump station ,and the .lines to accommodate additional connections at an
estimated cost. of $200,000 and. that the Board not pursue extending the line
further south on Walters Highway (Route 258) at this time. The motion was..
• adopted unanimously (5-0).
Supervisor Claud. further moved that staff be authorized to pursue CDBG
funds to extend sewer to the. area along Walters Highway (Route 2S8) south of
Windsor. The motion was adopted unanimously, (5-0).
Mr. Rountree recommended the Board adopt the Easement Acquisition
Policy contained in the agenda.. for both the .donation of easements and the
purchase of easements should an easement not be donated.
Supervisor Claud moved he Board adopt the Easement Acquisition Policy,
as recommended by the Director of Public Utilities. The motion was adopted
unanimously (5-0). .
Mr. Rountree explained thepurpose of deduct meters and recommended
the Board be consistent with adjoining jurisdictions and adopt the Deduct Water
Meter Policy contained in the agenda which recommends that such meters -not be
allowed-for the County's system. Mr. Rountree further explained that adoption
of the policy would not prohibit. a customer from installing a deduct meter and
' dealing with HRSD directly.
• Following discussion, the :Board noted its desire to allow. citizens to install
their own meters and deal with HRSD directly.
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Supervisor Bradshaw moved the Board enter, executive. session under'.
Section 2.1=344 Al for the purpose of interviewing prospective candidates for
employment. The motion was adopted unanimously (5-0). '
Returning to open session, Supervisor Claud moved the Board adopt the
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As an alternate to Lake Gaston .water,.: Mr. Rountree recommended the
Board accept Dewberry & Davis' report which recommends either a Nottoway
River off-line impoundment or a Nottoway off-line constructed pond be the
choice for along-term water supply for the. City of Franklin, he Counties of Isle
of. Wight and Southampton and Union-Camp.
Supervisor Bradshaw moved the Board accept the consultant's report.. The
motion was adopted unanimously (5-0).
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At 4:SO p.m., Supervisor Cofer moved the Board take aten-minute. recess.
-The motion was adopted unanimously (5-0).
Upon returning to open session at 5:00 p.m., Supervisor Cofer moved the
Board amend the order of the agenda to hear the following. application listed
under Old Business.
The application: of Robert C. Berry, Jr., for a change in zoning
classification from A-1, Agricultural Limited to Conditional R-A,
Conditional Rural Residential, approximately five (5) acres of -land located
at 12319 Bay Harbor Lane in Newport Magisterial District... The .purpose.
of the application is for two (2) single family dwelling lots. (Tabled May
15, 1997).
County Attorney Crook explained the deed restrictions on the subdivision
prohibit any of the lots from being: resubdivided. Mr. Crook stated he would not.
recommend the Board violate the restrictions for the subdivision.
Robert C. Berry, Jr. noted the .restrictions were renewable in 1990 and the
property. owners could have. formed a committee to change the restrictions and
covenants.
County Attorney Crooke noted the. restrictions renew automatically although
the community could form. an association of property owners .which then .could
pursue making changes in the restrictions.
Supervisor Bradshaw moved the Board deny the application of Robert C.
Berry, Jr. The motion was adopted unanimously (5-0).
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following resolution:
~ERTIFIGATION OF EXEsa iTiVF 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, Z.1-344.1A of the Code of Virginia requires a certification by
• this Board of Supervisors that such executive meeting was .conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
:hereby. certifies that, to the best of each member's knowledge, (i) only public
:business matters lawfully exempted from open meeting requirements by Virginia
law were discussed in the executive. meeting to which this certification resolution
applies, and (ii} only such public business. matters as were identified in the
motion convening the executive meeting were heard, discussed or considered by .
-the.Board of.Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was adopted unanimously (5-0).
Supervisor Bradshaw molded the Board direct staff and the County
Attorney to negotiate a contract with vendor # 1 for the upcoming general
reassessment of property. The motion was adopted unanimously {5-0).
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Supervisor Bradshaw further moved the Board return to the regular order
of the agenda. The motion was adopted unanimously (5-0).
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Chairman Bradby called for the Community Development report.
Regarding: solid waste management, Mr. David provided the Board with
a status report. on attended and unattended trash collection centers.
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Supervisor Bradshaw moved the Board direct staff provide the Board with
recommendations at its. July 3, 1997 meeting on attended sites for Old Stage'
Highway and Stave Mill Road. Staff was further directed to `provide the Board
with proposals regarding the various unattended sites. The motion was adopted
unanimously (5-0).
Supervisor Bradshaw. further requested the Director of. Public works
follow-up with the Sheriffs Department to investigate why a dispatcher had
answered inappropriately to an attendant at the Carrsville site when called about
a dead animal being in the trash container.
Regarding a departmental vehicle for the Planning and Zoning office,
Supervisor Cofer movedthe Board authorize the bid. from Vendor "A° fora 4x4:
vehicle with a 108" wheel base with additional funds to be taken from the Capital
Budget contingency account in the amount of $5,744. The motion was adopted
unanimously (5-0).
Mr. David noted there will be a public hearing on the proposed FY1998-
..2002 Capital Improvements Program at the Board's June 19, 1997 meeting.
Mr. David reminded the Board that the County will receive a CBLAD
grant in the amount of $35,993, as requested.
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Chairman Bradby called for the County Attorney's report. j
County Attorney Crook presented for the .Board's .consideration an
amendment to the Social Services lease which he recommends as to form.
Supervisor Bradshaw moved the Board approve the lease amendment and
authorize the Chairman to sign same on behalf of the. County. The motion was
adopted unanimously (5-0).
Regarding the matter of reassessment,. County Attorney Crook requested
the Board be prepared to appoint one member from each magisterial district
(total of three (3) members) to the Board of Assessors at its June. 19, :.1997
meeting.
County Attorney Crook informed the Board that the American Diabetes
Association-will be holding a bicycle event in the County on June 21, 1997.
County Attorney .Crook stated. the County- currently requires central water
systems for service to fifteen (15) lots or-more and the Director of Public Utilities
is suggesting that that number be reduced. to five (S) lots. ~ County Attorney
Crook asked the Board if it would like him to discuss the matter with the
Planning Commission for its recommendation to the Board.
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Supervisor Cofer moved the Board refer the matter of reducing from fifteen
(15) lots to five (S) the requirement for central water systems in subdivisions to
the Planning Commission. for its review and recommendation, The motion was
adopted (4-0). Supervisor Bradshaw. was absent from voting on the matter.
County Attorney Crook stated he had one matter for. executive session later
in the meeting.
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Chairman Bradby called for the County Administrator's report.
Supervisor Spady moved the Board adopt the following resolution:
RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF
REVEREND HERBERT A. HII.L, SR.
TO THE ISLE OF WIGHT COUNTY BRANCH OF THE NAACP
WHEREAS, Reverend Herbert. A. Hill, Sr. was a Charter Member of
the Isle of Wight County Branch of .the .NAACP; .and,.
WHEREAS, .The Board of Supervisors of the County of Isle of Wight,
Virginia desire to recognize the contributions of Rev. Hill to the citizens. of Isle
. of Wight County.
NOW, T'~[EREFORE, BE IT .AND TT IS HEREBY RESOLVED by the
Board of Supervisors of the. County of Isle of Wight, Virginia that Reverend
Herbert A. Hill, Sr. be recognized for his service to the Isle of Wight County .
Branch of the NAACP and to the citizens of Isle of Wight County.
The motion was adopted (4-U). Supervisor Bradshaw was absent from
voting on the matter.
County Administrator Casket' presented for the Board's consideration a
two-year contract from James L. Windsor for the collection of delinquent real
estate and personal property taxes.
Supervisor Spady moved: the Board authorize the Chairman to execute the
delinquent tax collection contract on behalf of the Board. The motion was
adopted unanimously (5-0).
Regarding the Compensation ..and Classification Study, Donald T.
Robertson, Assistant to the County Administrator/Director of Human Resources,
presented the Board with a letter from a Constitutional Officer indicating his
desire to participate in the implementation of the ongoing study. Mr. Robertson
stated the Board's staff is now in a position to recommend the Board adopt the
policies as they relate to County employees with the anticipation that issues with
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the Constitutional. Officers and other .agencies be resolved in the interim.
Supervisor Bradshaw moved the Board :adopt the Compensation and
Classification Study, Phase I, to apply to County administrative personnel- Staff
was further directed to review the Youth Services Coordinator position and bring
back a recommendation for the Board's consideration. Mr. Robertson andthe
County Attorney were directed to work aut an appropriate agreement between the
County and the Constitutional Officers. The motion was adopted unanimously
(5-~)~
County Attorney -Crook .noted .that an .appropriate resolution should be
prepared for Board action on the Pay and Classification Plan.
Supervisor Cofer moved the Board approve the request from Dr..Jane T.
York, School Superintendent, that a contract for design work for constructing a
sewage. pumping .station to serve the Smithfield High School and :.Carrollton
Elementary School be by the County and not the School Board. The motion was
adopted unanimously (5-0).
County Administrator Casket' provided the Board with a status report on
the Board's past discussions concerning the ISTEA grant for Boykin's Tavern.
Regazdng an inquiry from the owner/operator of the Twin Ponds Mobile
Home Pazk concerning a dumpster site,.Supervisor Claud requested the County
Administrator advise that the matter is still under consideration by the Board.
In anticipation of a strategic planning retreat, Supervisor Bradshaw
requested the County Administrator contact VACo regarding a facilitator.
County Administrator Casket' advised that the matter would again be discussed
at the Board's June T9, 1997 meeting at which time he would have a proposal for
the location of such a retreat.
County. Administrator Casket' presented..for the Board's information
Federal legislation presented by the Registrar.
Anne F: Sewazd Director of Budget and. Finance, presented a request from
the School Board for the funding of construction of the new Windsor Elementary
School..
Supervisor Claud moved the, Board approve the request in the amount of
$9,768,868. The motion was. adopted unanimously (5-0).
Supervisor Cofer advised the Board of SPSA's ongoing discussions relative
to its need for additional landfill space and reminded the Board that the permitted
site north of Windsor is still regazded as a remote alternativ8 to the expansion of
the Suffolk Regional Landfill.
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County Administrator Casket' distributed to the Boazd a copy of the :United
States Department of Agriculture (USDA), Farm Service Agency's, solicitation
for seven (7) thousand square: feet of office. space for location in the. Smithfield
area.
Supervisor Bradshaw moved the Boazd direct the County Administrator to
pursue. the, matter further with the USDA as may be appropriate. The motion was
adopted unanimously (5-0).
Regarding .the June: 20, 1997 scheduled meeting with the Parks and
Recreational Facilities .Authority, .County Administrator Casket' distributed
:correspondence received from the Director responsive to the Board's request that
such a meeting be set with the Authority. It was notedthat in .anticipation of that
meeting an agenda should be prepared.
Supervisor. Bradshaw moved the Board direct staff to review and provide
the Boazd with appropriate.responses to the questions submitted by the Authority
by the Board's June 19, 1997 meeting. The motion was adopted unanimously (5-
0).
.County Administrator Casket' reminded the .Board of the NACo
Conference scheduled for July l th - 15th, 1997.:
. Responsive to Supervisor Spady's referral to an informational item the
County Administrator forwarded to the Board along with its agenda package
regarding tax exempt status for the FFA/FHA-Camp, County Attorney.Crook
stated he would like the-opportunity to review the matter further. County
Attorney Crook advised the Board it could not exempt an organization from
taxes as it takes a legislative act to exempt an organization from a tax.
Supervisor Bradshaw moved the Board direct the County Administrator to
contact Delegate Barlow to determine the status of this matter and actions taken
during the General Assembly.. The motion was .adopted unanimously (5-0).
County Administrator Casket' stated he had several matters for executive
session later in the meeting..
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Chairman Bradby called for Old Business.
A. Appointment of School Board Member From Smithfield Election
District
Supervisor Cofer moved the Boazd appoint James B. Brown, Jr. The
motion was adopted unanimously (5.0).
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B. .FY1997-98 Operating Budget
The Board discussed having.a continued meeting concerning. the Operating
and Capital Budgets following their Parks and Recreation Facilities Authority
meeting on June 20, 1997...
C. Ordinance to Impose Tax Levies for Isle: of Wight County
The Board discussed having a continued meeting concerning the Tax
Levies Ordinance after their Parks and Recreational Facilities Authority meeting
on June 20, 1997.
D. Isle of Wight County Zoning Maps (Tabled May 15, 1997.
Mr. David stated the matter was previously tabled in order to-allow-the
County Attorney additional time to review the issue of property in Battery Park
owned by Masonry Resurfacing Construction Company. Specifically the issue
is whether the property should have been zoned light industrial instead of
residential at the time the County adopted .its initial'Zoning Ordinance in 1970,
based on the property's historicuse prior to 1970.
County Attorney Crook stated the property is currently zoned residential
and never has been zoned industrial even though it is being used industrially.
County Attorney Crook stated the Board cannot change. a zoning classification
without going through the proper notice requirements and this was discussed
with both the Planning. Commission and the Board of Supervisors. County
Attorney Crook stated if property was zoned. residential with the old Zoning ~
Ordinance it will be zoned residential with the new Zoning Ordinance. County
Attorney Crook recommended the Board approve and adopt the zoning maps and
have the landowner deal with his land in this particular case.
The Board discussed the fact that in the past the County has,waived fees
for rezonings incases where there was an error on -the part of the .County.
Supervisor Gofer moved the Board adopt the Zoning Maps, :effective July
1, 1997. The motion was adopted unanimously (5-0).
Regarding emergency services, Supervisor Claud stated he recently met.
with the Windsor Volunteer Rescue Squad. The Squad is agreeable to the }
proposal for emergency response by the City of Franklin, however, the .Squad. had
expressed a concern with. how the area in the lower end of the County will be
dispatched and this should be addressed prior to implementation. of the plan.
Another concern is that the map illustrate a clear distinctionas to what their area
would be and what- Franklin would be involved with. They are discussing with
the Isle of Wight Rescue Squad some other boundaries they would like.. to
mutually agree to change to benefit the residents of the County, stated Supervisor
Claud.
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Mr. Robertson noted for the County Attorney's benefit as the. agreement is
developed that Windsor Rescue suggested that the agreement should point out
that Franklin's rescue squad should only be compensated for calls for which they
actually make a run rather than just receiving a calla
.Regarding the Central County Park Task Force, Supernsor .Claud noted the
Task Force had recommended the proposed Central County Park .and County Fair ..
be centrally located at the same site. Further, it was recommended that the Board
proceed with locating such a site and allocate the necessary .funds for land
acquisition in the upcoming Capital Budget.:.
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Chairman-Bradby called for New Business.
Supervisor Bradshaw noted the Economic Development Committee had '
met with a prospect and will have matters for. discussion by the Board at a future
meeting.:
The-Board discussed a trip to Isle of Wight, England, and noted its desire
to allocate a sum of $5,000 to $7,000 from the contingency account for airfare
and lodging: for interested Board members, County :Administrator and County-
Attorney.
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Chairman Bradby called .for .Appointments.
Supervisor Spady moved the Board appoint Mac Hicks, representing the
Newport District; Betty Alphin, representing the Windsor District; Pete Carr,
representing the Carrsville District; Ron Pack, representing the Smithfield
District; -and, Alan Monette, representing the Hardy District for. three-year terms .
on the Overall Economic Development Plan Committee. All terms will expire
in June of 2000.. The motion was adopted unanimously (5-0).
.Supervisor Claud moved the Board appoint Letcher ~C. Eley, replacing
Mary Wells, to the Southeastern Virginia Areawide Model Program, Inc. Mr.
Eley's tenor will expire in October, 1998.. The motion was adopted unanimously
(5-0).
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Supervisor Cofer requested an executive session under Section 2.1-344 A3
of the Code of Virginia concerning acquisition and/or use of public property for
public .Purposes.
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Supervisor Bradshaw requested an executive session under Section 2.1-344
Al concerning a personnel matter.
County Administrator Caskey requested an executive session under Section
2.1-344 A 1 concerning a: personnel .matter .and under Section 21-344 A7
concerning advice of counsel concerning potential litigation.
County Attorney Crook requested an executive session under Section 2.1-
344 Al of the Freedom of Information concerning a personnel matter.
Supervisor Bradshaw moved the Board enter executive session for the
reasons stated. The motion wasadopted unanimously- (5.0).
Upon returning to open session, Supervisor Cofer moved the Board adopt
the following resolution:
C'F.RTIFICATIOI~J OF EXECtTTIVE MEETIN T
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.IA of the Code ofVirginia requires a certificationby
this Board of Supervisors that such executive .meeting '.was. conducted in
conformity with Virginia law;
NOW, THEREFORE, BETT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfiilly 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 orconsidered by
the Board of Supervisors. .
VOTE
AYES: 5
NAYS:. 0
..ABSENT DURING VOTE: 0
ABSENT DURING MEETING:. 0
The motion was adopted unanimously (5-0).
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At 7:45 p.m., Supervisor Cofer moved the Board adjourn The motion was
adopted unanimously (5-0).
Henry H. Bradby, Chairman
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