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06-19-1997 Regular Meeting•t 1 .., ~ eoeK' ~7 %~r.~2~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH 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 Caskey County Administrator Donald T. Robertson, Assistant to the County Adminisirator/Director of Human Resources .Carey H: Mills,. Recording Secretary Chairman Bradby called the meeting to order at 6:00 p.m. The, invocation was delivered by Supervisor Spady. // Chairman Bradby indicated the following Consent Agenda included Item 1, A through C, and asked if there were any i*.ems for removai: n f Pro a of H. W. A. Plat of Lot #4, Waterford, Being A Subdiv~s~o o p rty Roberson Company, Inc., Canteberry Lane, Route 1018, Newport Magisterial District B. Delinquent Real. Estate Tax Collection Monthly Report ; C. May 15, 1997 Regular Meeting Minutes There being no items requested by the Board members for removal, Supervisor Spady moved the Board approve all items of the Consent Agenda. . The motion was adopted unanimously: (5-0). // Chairman Bradby called for Transportation Matters. Supervisor Spady moved the Board adopt the following resolution: RESOLUTION WHEREAS, North Brading Court,. from Route 1961 to the cul-de-sac is shown on a plat recorded in the Clerk's Office of the Circuit Court of Isle of .Wight County; and, WHEREAS, the Resident Engineer for. the Virginia Department of 1 eoe~r 1? ~~r.~2~6 Transportation has advised this Board that -North Brading Court meets. the requirements established in .accordance with secondary road policies and the Subdivision Street Reguirern~n~t of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets-into the State's Secondary Road System. NOW, THEREFORE, BE IT RESOLVED, this .Board requests the .Virginia. Department of Transportation to add North. Brading Court, from Route 1961 to the cul-de-sac to' the. secondary system of state highways, pursuant to Section-33.1-229,. Code of Virginia, .and the Department's Subdivision Street It~uirements; and, . BE IT FURTHER RESOLVED this Board guarantees a clear and unrestricted right-of--way, as described, and any necessary easements for cuts, fills -and drainage; and, BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. The motion was adopted unanimously {5-0). John Edwards, Planner/GIS Coordinator, provided the Board with traffic .counts and accident data' for Route 258 between Route- 58-Business and the Route 1O Bypass: The Board reaffirmed its prior action that this information is to be shared with the County's General Assembly delegation. at such. time as a meeting is set to discuss transportation. projects/funding. Mr. Edwazds noted for the. Boazd's information that VDOT will be closing .Ballard Road Bridge (Route 614) for repair on July 7, 1997 for approximately 45 days.... Supervisor Claud requested John. Edwards contact the VDOT Resident Engineer concerning needed maintenance on Muddy Cross Road. Lovella Baker. of Walters .Highway requested the Board's assistance .regarding property damage to her daughter's home. located at 28953 Walters Highway which occurred duringa rain storm on June 2, 1997. Staffwas requested to.contact VDEOT in an attempt to detenmine whether the noted drainage easements are. still intact and. if it is VDOT's responsibility to ..maintain the.. ditches. Staff was further requested to contact the appropriate. Federal and State. agencies to determine if assistance can be provided to the homeowner for recent damages caused by a storm event.. Chairman Bradby provided a status report on the efforts to strip the centerline on-Mill Swamp. Road. Chairman Bradbystated VDOT requires 2 1 1 11 ., ROOK ~ 1 %Af.~~:J7 Il 1 roadways to be a minimum of eighteen (l8) feet in width in order to accommodate the size of the sign painting trucks. As portions of Mi1T Swamp Road are smaller than. eighteen (18) feet, the. County is requesting that VDOT locate. a sign painting truck small enough- to accommodate the size. of Mill Swamp Road, stated Chairman Bradby. // Chairman Bradby called for Citizens Comments: William Riddick and Brandon. Wickman suggested that the Treasurer's off ce `be audited by an independent auditor and the charges associated with .same be credited against the Treasurer's budget.. Mr. Riddick reported that the Treasurer had recently mailed out tax bills for supplemental taxation for accounts from five years ago. Thomas Walters, Steve Senkevich and. Michael Wilkin of GatlingPointe Subdivision addressed the Board with regard to their concern of recent violations of the County's Chesapeake Bay Preservation Area Ordinance on Lot 40 of ~ Shallowford Circle and Lot 31 of Regatta Lane.. Supervisor Spady requested the County :Administrator investigate the matter and provide the Board with a report zt their continued meeting on June 20, 1997.: 1 Grace Keen noted the Citizens Association is proposing-to sponsor a youth congress meeting during the month of October, 1997 and she will be returning to request the Board's support in the near future for that event. // - t Chainman Bradby called for the Community Development. report. Mr. Edwards presented the following application for the Board's consideration: The application of David S. & Andrea W. Lerner for a Conditional Use .Permit to locate an office trailer for "Lerner Automotive" for no more than twelve (12) months on 12.630 acres of land located on the south side of Windsor Boulevard (Route 460) west of its intersection with Old Suffolk -Road (Route 636) in Windsor Magisterial District. Supervisor Claud voiced his concern ,that in the past applicants have applied for extensions of time on their Conditional Use Permits and moved the Board approve the application of -David S. & Andrea W. Lerner for a twelve `(12) month period. Should a permanent structure be erected earlier, the trailer is to be removed. ,The .motion was adopted unanimously {5~). 3 ~, eooK 17 y~cr2~8 ~~ Chairman Bradby called for the Public Utilities Report. Supervisor Spady requested the Director of Public Utilities. elaborate fiuther on the billing errors which occurred involving the three water systems and provide the. Board_with a report on the- matter at its continued meeting on June 20, .1997. Ivlr. Rountree provided the Board with a status report on the discussions at a recent meeting of the Regional Committee regarding sewage collection and treatment: Mr. Rountree stated the concept is for HRSD to take over the Franklin treatment system which would incorporate .flows generated in Isle of Wight and .Southampton County. Mr. Rountree stated that County sewer customers served by HRSD would be charged the .normal HRSD fees. Mr. Rountree provided the Board with a preliminary status report on the conveyance of the Franklin .water distribution system to the County. Mr. Rountree .stated. a meeting. has been scheduled for .the following. Monday to further discuss the acquisition of the water distribution system and the purchase of bulk water from Franklin to serve the system. // At 7:00 p:m., Supervisor. Cofer 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. The application of.Burnt Mills Association..for achange in zoning classification from A-1, Agricultural Limited to C-RA, Conditional Rural .Residential, .approximately seventy-two (72) acres of -land located off the west side of Quaker. Road (Route 654) .between .Woodland Drive (Route 600) and Pleasure Point Place in Newport Magisterial. District. The purpose of the application is for a single family residential subdivision of no more than thirty-six (36) lots. County Administrator Caskey noted he had received a fax earlier in the day from Grier Ferguson, attorney, on behalf of Burnt Mills Association requesting that this matter be withdrawn. Supervisor Claud .moved the Board accept .the. applicant's ..request to withdraw the request to rezone. The motion was .adopted unanimously (5-0). 4 i 1 1 1 80QK ~7 %'A^r~~~J B. An Ordinance to Amend the Subdivision Ordinance of Isle of Wight County to Change Length and Design Requirements for Cul-De-Sac Streets Chairman Bradby called for citizens to speak in favor or in .opposition to the proposed Ordinance. Upon no one appearing, Chairman Bradby called for comments from. the Board. Supervisor Claud moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE SUBDIVISION. ORDINANCE OF ISLE OF WIGHT COUNTY TO CHANGE LENGTH AND DESIGN REQUIREMENTS FOR CUL-DE-SAC STREETS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Section 4-4-1~ of the Subdivision Ordinance of Isle of Wight County, Virginia, is hereby. amended to read as follows: Sew+ion 4-4-1-6 Cul-de-sac Streets.. A. Generally, minor terminal streets (cul-de-sacs), designed to have one end permanently closed.- All cul-de=sac streets shall not exceed the following maximum linear distances:. (1) No greaten than one thousand two hundred (1,200) .feet provided no lot served by the. cul-de-sac street is less than forty thousand.: j 1 (40,000) square feet in area. (2) No greater than eight hundred (800) feet if any.-lot served by the cul-de-sac street is less than forty thousand (40,000) square feet in area. F (a) In the event that a cul-de-sac street is authorized to exceed eight hundred (800) feet in length, then such a cul-de-sac street shall be designed with a andscaped median which divides the cul-de-sac street into two (2) distinct and separate lanes. However,. such a cul-de-sac street may be continuously undivided for the final two hundred (200) feet of the street. This undivided section shall be measured from the end of the right-of-way of the turnaround portion of -the cul-de-sac street. (b) Any cul-de-sac street which is .divided into wo (2) distinct andseparate lanes shall provide for median breaks at street intersections and at-other appropriate locations along the street to ensure'safe and efficient traffic: circulation and for the delivery of 5 i t ~, eoeK ~.7 ~~~~300 emergency services. One { 1) median break should occur approximately every four hundred (400) feet of the cul-de-sac street. B. The landscaped median requirement for cul-de-sac. streets which serve commercial, institutional, or industrial lots or structures may be waived, totally or in part, by the Subdivision Agent upon approval by the Board of Supervisors due to the additional fire protection. requirements incorporated into such: structures. C, Cul-de-sac streets shall be terminated by a circular vehicle turnaround having a minimum radius measured to the edge of pavement or face. of curb of thirty (30) feet on residential cul-de-sae streets serving .twenty-five (25) or fewer dwelling units. For circular vehicle turnarounds on all,other residential streets and any non-residential cul-de-sac street, the minimum radius measured to the edge of pavement or face of curb shall be forty-five (45) feet.. D: All non-vehicular movement areas such as medians and islands shall be included in the right-of-v~ay of the cul-de-sac street. E. The linear distance of a cul-de-sac street as provided herein .shall be measured from the end of the. right-of-way of the turnaround, portion of ..the cul-de-sac street to the nearest intersection with. a street. which provides a means of direct or indirect egress from the subdivision.. The motion was adopted unanimously (5-0). C. The application of Clayton's Auto Parts, Inc., owner and PrimeCo Communications, lessee,. for a Conditional Use Permit to erect a communications tower of 185 feet. in .height and an equipment cabinet azea at the. base of thetower at 15466 Carrollton. Boulevard in Newport Magisterial District Chairman Bradby called for citizens to speak in favor of or in opposition to the application. Upon no one appearing, Chairman Bradby called for comments from the Board.. Supervisor Spady noted the applicant had requested that the application be tabled until the Board's July 17, 1997 meeting and moved the Board approve the request of the applicant to table the matter until the Board's July:. 17, 1997 meeting.. The motion was adopted unanimously (5-0). D. The application of B. R. Copeland, Jr., owner and Ricky Brame, prospective owner, for a change in zoning classification from A-1, Agricultural Limited to R-A, Rural Residential, approximately one 6 1 1 ., 1 aao+c ~~ »~r~~~~ (1) acre of land located on the south side of Parsons :Drive (Route 687) between Joyners Bridge Road (Route 611) and Buckhorn Drive (Route 610) in Windsor. Magisterial. District. The purpose of the application is for a single family residential site. Chairman Bradby called for citizens to speak in favor of or in opposition to the application. . Ricky Weston Brame stated he is proposing to construct a single family home.. Chairman Bradby called for comments from the Board. Supervisor Bradshaw moved the Board approve the application of B. R. Copeland, Jr. The motion was adopted unanimously (5-0). D. The application of Hannah Wise G. Holland fora change in zoning classification from A-1, Agricultural Limited to R-A, Rural f 1 d 1 ated on the north 1 Residential, approximately one (1) acre o an oc side of .Five .Forks Road (Route 606) at 12101 Five Forks Road in .Newport Magisterial District. The purpose of the application is for a single family residential site. Chairman Bradby called for citizens to speak in favor of or in opposition to the application. Wilson Holland, husband ofthe-applicant,. spoke on behalf of the applicant._ Chairman Bradby called for comments from the Board.. Supervisor Claud moved the Board approve the application of Hannah Wise G. Holland.. The motion was adopted unanimously (5-0). E. The application of Betty Lea Piland for a change in zoning. classification from A-1, Agricultural Limited to C-BI, Conditional Business General, approximately one-half (1 /2) acre of land located at 14121 Norsworthy Drive in Newport Magisterial District The purpose of the application is to teach music lessons at the old Carrollton Post Office. building.. Chairman Bradby called for citizens to speak in favor of or in opposition to the application.. Betty Lea Piland spoke on behalf of her application. Chairman Bradby called for comments from the Board. 7 BOOIf ~~ YA~~JU`.~ Supervisor Spady moved the Board approve.. the application of Betty Lea Piland. The motion was adopted unanimously (5-0). F. .The :application of H. W. Roberson Co., Inc. for a change in zoning claSSification from C-B1, Conditional Business General. to C-R1, Conditional Residential Limited of approximately thirty (30) acres of land located on Canteberry Lane, between Benns Church Boulevard (Route. l0) and Huntington Way in Newport Magisterial District. The purpose of the application is for a single .family residential subdivision, as conditioned.. Chairman Bradby called for citizens to speak in favor of or in opposition to the application. Steven.Romeo, Langley and McDonald, appearing on behalf of H. W. Roberson .Company, Tnc., stated there have not been any interested parties in developing commercial ventures on the property. since 1988 and the highest and best use. for the land should be residential as it is surrounded by residential development and by jurisdictional .wetlands around part of its perimeter. The community impact assessment prepared indicates that there will be no burden of school-age childrento the County's school system as this proposal will generate only approximately twenty-six (26) students. The traffic impact of a residential development verses a commercial development would be less of a burden on the intersection of Cantebeny Lane and the Route 10 and .the- infrastructure for this project is already in place: The developer has. also agreed to amend the proffers previously submitted to provide for no more than forty-four (44) residential lots as opposed to .forty-eight (48) residential lots and to offer a cash. proffer of $2,000 per lot. Chairman Bradby called for comments from-the Board. County Attorney Crook statedthe Board would need the proffers submitted. in writing before the Board takes action on the application. County Attorney Crook noted the applicant has addressed the concerns of the Planning Commission concerning the number of lots and the. sliding. scale on cash proffers; however, the Planning Commission did express concern that it did not want to see this commercial tract become a residential area noting the large. number of existing residential. lots which remain undeveloped in the existing subdivision. He stated the applicant did explain to the Planning Commission that they have not been. able to market the commercial: area and there is a market for residential lots. Supervisor Cofer stated based on the proposed price range and lot sizes, he believed the proposed twenty-six (26) students would be substantially. more and there is still undeveloped residential acreage whichcould bedeveloped on the property and .moved the Board concur with the recommendation of the Planning Commission and deny the application of H. W. Roberson Co,, Inc. The motion 8 1 :. ~ i eoo~~ ~7 y~r~3O3 i~ ~~ was adopted unanimously (5-0). G. Proposed FY1998-2002 Capital Improvements Program (CIP) Ann Edwards, Registrar, :requested the Board include Buff cient funds to provide the citizens with electronic voting machines by this Fall., Rudolph-Jefferson, Assistant'Chief, Rushmere Volunteer. Fire Department and- President of the Fire and Rescue Association, requested the Board fully fund the Fire and Rescue Association's portion of the CIP. Buddy Jones, Chief of Smithfield Volunteer Fire Department, requested the Board fully .fund -the Department's request in the CIP. Brian Carroll, President, Isle of Wight Rescue Squad, requested the Board support the Squad's purchase of a new ambulance. Edwazd Sanchez, Secretary, Windsor Volunteer Rescue Squad, requested. I - the Board support the Squad's purchase of a crash truck. Supervisor Cofermoved the Board table consideration of the CIP uniil the Board's continued meeting of June 20, 1997. The motion was adopted unanimously (5-0). { finance To Ado t A Volun Settlement Agreement And To H. An Ord p ~'Y Authorize The Filing Of A Petition In The,Circuit Court Of'Isle Of Wight County. For An .Order Establishing The:.: Rights Of The Localities " As Set Forth .Under The Terms Of Said Agreement, Pursuant To Section "15.1-11.67.1 Of The: Code of Virginia Chairman Bradby called for citizens to speak in favor of or in opposition to-the proposed Ordinance. ne a earin Coup Attorne Crook explained this is he Upon no o PP g, ty Y annexation agreement between the County andthe Town of Smithfield which .was presented to the Commission on Local Government: and that the Commission supports .the Agreement... It is now necessary to petition the Circuit Court to approve the Agreement and, in -order to do so, the Board "must adopt an Ordinance, as does the Town of Smithfield I Chairman Bradby called for comments from the Board. Supervisor Cofer moved the Board adopt the following Ordinance: AN ORDINANCE TO ADOPT A VOLUNTARY SETTLEMENT AGREEMENT AND TO AUTHORIZE THE FILING OF A PETITION IN THE CIRCUIT -COURT OF ISLE OF WIGHT COUNTY 9 s . ~, 60OK 17 yaG~3U4 FOR AN ORDER ESTABLISHING THE RIGHTS OF THE LOCALITIES AS SET FORTH UNDER THE TERMS OF SAID AGREEMENT, PURSUANT:TO SECTION 15.1-1167.1.OF THE CODE OF VIRGINIA WHEREAS, in September 1996, the: Town of Smithfield ("Town") and the .County. of Isle of Wight ("County") approved a Voluntary Settlement Agreement (the "Settlement Agreement"), which. constituted a voluntary settlement authorized by Section 15.1-1167.1 of the Code of Virginia (1950), as amended; and, WHEREAS, in February 1997, the Town and the County presented the Settlement Agreement to the Commission on Local Government (the "Commission"),.which conducted a hearing as required by law and which issued its findings and recommendations in a Report. dated May 199T; and, WHEREAS, Section 15.1-1167.1. of the .Code of Virginia (1950), as .amended, requires the Town and the County, subsequent to the Commission's review, to approve the Settlement, Agreement by an ordinance adopted by a recorded vote of the majority of the members of each governing body after a duly advertised public hearing on the Settlement Agreement, and thereafter to petition the Circuit Court of Isle of Wight County for. an order affirming the Settlement Agreement and establishing the rights of the localities under the terms of the Settlement Agreement; and, WHEREAS, the Town and the County now. propose to enter into a modified .Settlement Agreement (the "Modified Agreement") which provides for, the: annexation to the-Town of certain territory, for a limited waiver by the Town of certain annexation rights, far the conveyance of certain .water and sewer systems, .for joint advisory review of certain planning and zoning matters, for the sharing of certain revenue, and for other matters; and, NOW, ,THEREFORE, BE IT ORDAINED BY :THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA,. THAT: 1. The Board of Supervisors by this Ordinance, approves and adopts the Modif ed .Agreement, a copy. of which. is attached hereto, and hereby authorizes and directs the Chairman of then Board of Supervisors to execute the Modified. Agreement on behalf of the County.. 2. The Board of Supervisors hereby authorizes the County.. Administrator andthe County Attorney topetition the Circuit Court of Isle of Wight County for an order, pursuant to Section 15.1-1167.1 of the Code of Virginia (1950), as amended, affirming and validating the Modified Agreement and establishing the rights. of each locality as set forth under the terms of the Modified Agreement. 1 1 1 10 1 1 800K ~7 rAG~•.~~5 - 3. ,The County Administrator shall take all other actions and employ such special assistants. as may be needed to obtain the necessary Court approval of the Modified Agreement 4. This Ordinance shall be in full force-and effect on the date of its adoption. .The motion was adopted unanimously (5-Q). I/ At 7:25 p,m., Supervisor Cofer moved the Board return to the regular order of the agenda. The motion was adopted. unanimously (5-0). // At ?:26 p.m., Supervisor Cofer moved the Board take aten-minute recess. The motion was adopted unanimously'(5-0). Upon returning to open session at 7:35 p.m., Chairman Bradby called'for the County-Attorney's report. County Attorney Crook reiterated his recommendation for a Codes Enforcement position to enforce the Zoning Ordinance and Chesapeake Bay Preservation Ordinance, Conditional and SpeciaF Use Permit conditions and to monitor borrow pits. County Attorney Crook presented for.. the Board's consideration a Subordination Agreement for Old Town Real. Estate and Gatling Pointe South.. which he recommends the Board approve and authorize the Chairman to sign. ' County Attorney Crook explained that the deed of trust of Old Towne to the County to secure. the proffers for. Gatling Pointe South provides that -the County will;agree to subordinate`the lien of that deed of trust to any financing deed of trust .for development -where necessary to obtain the necessary financing. He added that this request is pursuant to the terms of the County's .deed of trust. Supervisor Cofer moved the Board approve the Subordination Agreement for Old Town Real Estate and Gatling Pointe South and authorize the Chairman to sign same on behalf of the County. The motion was adopted (4-0). Supervisor Spady abstained from discussing and voting on the matter. County Attorney Crook stated the statute has been changed. to require one representative from each election district on the Board of Assessors. The statute did previously provide forone representative from each magisterial district, Supervisors Cofer and Bradshaw noted they would have nominations for 11 - , A eoor~ 17 ya~r~OS appointment to the Board of Assessors at the Board's July 3, 1997 meeting. !i Chairman Bradby called for the County Administrator's report. -Anne. F. Seward, Director of Budget and Finance, presented for the Board's consideration a .Bond Anticipation Note for the remaining $9,000,000 for the Windsor Elementary School. project. Larry Wales, Financial Advisor, stated Signet .Bank has submitted a proposal for the County tobon:ow $10,800,000 for construction of public school facilities for a period not'to exceed five (5) years. Half of this loan will be replaced by a Literary. Fund Loan. Mr. Wales. stated because of the composite index the County will receive $5.,000,000 at 3%. The County has the option to repay. the loan at any time upon ten days` notice without penalty which gives the County the ability of going to the. Public School Authority to sell the balance of the school bonds or to go to the bond market to sell the bonds on a competitive .basis.: Supervisor Cofer moved the Board authorize the Chairman to sign the Bond Anticipation Note for the new Windsor Elementary School in the. amount of $10,80U,000. The motion was adopted unanimously (5-0). :Supervisor Bradshaw moved the Board adopt the following resolution: RESOLUTION TO APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM THE 1995 SCHOOL BOND ISSUE PROCEEDS TO THE SCHOOL CONSTRUCTION FUND .. WHEREAS, the Board of Supervisors of the.County of Isle of Wight, Virginia has approved the school construction program; .and, WHEREAS, the funds in the. amount of one hundred thausand .dollars ($100,000) need to be appropriated from the.1995 School Bond Issue Proceeds to the School Construction Fund in 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 one hundred thousand dollars ($100,000) from the 1995 School Bond Issue Proceeds be appropriated. to the School- Construction Fund in the 1996-97 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. and to do all things necessary to give this 12 i ., -, eot~~ ,~7 yar..~~~7 resolution effect.. The motion was adopted unanimously (5-0). Regarding a Capital .Budget request from the Isle of Wight Rescue Squad, Supervisor Cofer moved the Board authorize the Squad to use $30,000 in the 1997-98 Capital Budget to pay off a 1995 loan for the Department's newest ambulance. The motion was adopted unanimously- (5-0). Regarding VACo's EPR .Fund, Supervisor Claud moved -the Board authorize payment in the .amount of $1,457 of the County's pro rata share ~of expenses. The motion was adopted unanimously (5-0). Regarding a strategic planning retreat, Donald T. Robertson, .Assistant to the County Administrator/Director of Human Resources noted Dr. Lacy could be available. as a facilitator for atwo-day retreat on August 8-9, 1997. Following discussion, the Board indicated it would be interested in a retreat:. in October, 1997 and requested Mr. Robertson to contact Dr. Lacy to determine ~ his Fall schedule. The Board further indicated that the facility at Lone Star would be satisfactory. Supervisor Spady requested the individual. Board members provide Mr. Robertson with their respective. topics of interest .for inclusion at his .working retreat. .County Administrator Caskey .presented -for the Board's information a recommendation from William E. Lane, Jr., Clerk of the Circuit Court, that the Board consider enacting an ordinance relative to fees under Senate Bil 944. County Attorney Crook explained that the General Assembly has naw provided that local governments, can require fingerprinting as a part of the application for concealed weapons to obtain FBI criminal records, cheeks and to charge a fee up to $50 to .cover .the fees of the. -FBI, State Folice and administrative costs of the local law enforcement agency.. He stated he had f discussed this matter with the Commonwealth's attorney who is in :.favor of such f an ordinance and the fee of $50. He said he had also. discussed the matter with .the Clerk of Court and the Sheriff and they favored such an ordinance. Supervisor Cofer moved the Board. authorize the County Attorney to prepare an appropriate ordinance as recommended relative to the.issuance of ~ t concealed handgun permits and set the fee at $50. The motion was adopted unanimously (5-0). I/ i Chairman Bradby called for Old Business. Chairman Bradby noted ...the FY1997-98 Operating Budget and An 13 i -, efl4~ 1? :~~~f~t13 Ordinance to Impose Tax Levies for Isle of Wight County, Virginia for Fiscal Year July 1, 1997 Through June 30, 1998 .would be discussed at the Board's continued meeting on Friday, June 20, 1997 following the meeting with the Parks and Recreational Facilities Authority. Regarding,theongoing evaluation of emergency.services in the County, Supervisor Claud requested the individual Board members develop. and forward . to staffs list of-items they would like to see reviewed-as part of this study effort. This list can then be consolidated. into a single list for the Board's consideration. Staff was requested to forward these items to the Fire and Rescue Association. .Supervisor Spady requested John Edwards to research whether or not .Langley and: McDonald has been advised in writing of the County's desire to have traffic counts. performed as early as 6:00 a.m. when doing traffic analysis impact studies for developments in the County. // , Chairman Bradby called for New Business. . There was no new business offered.. // Chairman Bradby called for Appointments. Supervisor Cofer moved the Board appoint William Garrett to represent the Newport District; David Olsen, representing the Hardy. District; and,. James .Wesley Holland, representing. the Windsor District to the Board of Assessors. The motion was adopted unanimously (5-0): Supervisor Bradshaw-moved the Board reappoint Lynn P. Harris as the Ex- Officio'member to the Overall: Economic Development Plan Committee. The motion was adopted unanimously (5-0). Supervisor Bradshaw requested Mr. Robertson make recommendations on the following: Comprehensive Services Act -Replacement for Dr. William A. Birchette, III Southeastern Virginia Job Training Agency -Replacement for Herb DeGroft Virginia Alcohol Safety Action Program -Replacement for Dr. William A. Birchette, III 1 1 1 ~5 eoer ~ 17 rar.~`30~.~ 1 i . Western Tidewater Disability Services. Board -Replacement for Fred. Walls (Supervisor Bradshaw recommended Mr. -Robertson speak with Bill Barrett): Youth Services Advisory Board -Replacement for Mary Catherine Foster,. Della. Stokes, Jessica Delk, George Kindred and Curt More J/ County Attorney Crook requested an executive session under Section 2.1- 344 A7 of the Freedom of Information Act concerning advice of counsel on .potential litigation and under Section 2.1-344 Al for a personnel matter. Supervisor Claud requested an executive session under Section 2.1-344 A3 of the Freedom of Information Act. for use of public .property. County Administrator Caskey requested an executive session-under Section 2.1-344 A7 of the Freedom of Information Act for advice of counsel on potential litigation. Supervisor Cofer moved the Board enter executive session .for the reasons stated. The motion was adopted unanimously (5-0). Upon returning. to open session, Supervisor Bradshaw moved the Board -adopt the following resolution: :CERTIFICATION OF E .CUTIVE 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 Virginia7aw; 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: S 15 S - t ~ i aoeK ~7 ~Ar.~~10 NAYS:. o ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board .authorize. the County Attorney to .respond to the request related to the recent action for zoning denial. The motion was adopted unanimously (5-0). Supervisor Cofer moved the Board continue. its meeting until 10:00 a.m. on June 20, 1997. The motion was adopted unanimously (5-0). Henry H. rad y, Chairman W. Doug s skey, Cler 16