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06-17-1999 Regular Meeting~g D~n~ ~~ ~,; ,; ~ ~~,.~~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD' THE SEVENTEENTH DAY OF JUNE IN THE .YEAR NINETEEN HUNDRED NINETY NINE PRESENT: O. A. Spady, Chairman Malcolm T. Cofer, Vice-Chairman Henry H. Bradby ..Phillip A. Bradshaw Robert C. Claud, Sr. Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County AdministratorJDirector of Human Resources Carey H. Mills, Recording Secretary Chairman Spady called the meeting to order at 6:00 p.m. The invocation was delivered by Supervisor Bradby. The Pledge of Allegiance .was conducted. // Chairman Spady called for Special Presentations. Peter. M. Stephenson, Smithfield Town Manager, and Mayor James Chapman briefed the Board on the proposed Community/Conference Center to be located in Smithfield. Mrs. Evelyn Chandler briefed .the Board on the Boykin's Tavern Initiative to date. ,. ~. // Chairman Spady indicated. the following Consent Agenda included Items 2, A through C, and asked if there were any items for removal: A. Final Plat of Gatling Pointe South Subdivision, Phase 3A, Route 704, Battery Park Road, Newport Magisterial District B. Delinquent Real Estate Tax Collection Monthly Report C. May 20, 1999 Regular Meeting Minutes Supervisor Bradshaw moved the Board adopt .all items of the Consent Agenda. The- motion was adopted with. Supervisors Cofer, Bradby, Spady, 1 ~o~~. 1~ :. ~(;3 Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. // Chairman Spady called for Transportation Matters. II MacFarland Neblett, Resident Engineer, VDOT, briefed the Board on current and outstanding projects. He specifically advised that a public hearing on the Route 260 connector between Route 258 and Route 58 Bypass is scheduled for August I7, 1999. The advertisement date ~ is December of 2000 and the anticipated construction cost for this project is $9.7 million. He advised the bridge over Jones Creek on Route 704, Rescue Road, will be built at the same location as the existing bridge. The bridge will contain a 17 foot vertical clearance over the channel with the causeway on the Battery Park side. He advised the new bridge and causeway is scheduled for advertisement in January of 2001 and it is anticipated it will. take approximately eighteen (18) months to complete. He stated construction is .anticipated to begin in April of 2001 with an anticipated cost of $3.5 million of which $3.3 million is already funded. He .advised as development takes place in the Isle of Wight Industrial Park east of Windsor, left and right turn lanes may be needed. He advised Blue Ridge Trail, Pope Swamp Trail, Sandy: Ridge Road, Country Way and Twin Hill Lane appear to be candidates for the Pave-In-Place program. He stated VDOT is still reviewing the need for additional right-of--way on Muddy Cross Road. He stated due to concerns with the cemetery on both sides of the road on Campbells Chapel Road, VDOT may carry the road from Route 258, Brewers Neck Road to Ramos Way which would serve the majority of homes on this road. He stated he would .have the signs replaced on Fire Tower Road and. Tomlin Hill Drive. Yellow Rock Lane and Highway Lane meet the criteria for the Rural Addition Policy although there may be some speculative interest and further research is needed. He advised the work goes to ad on July 20, 1999 for the right turn lane at Route 258 and Route 58 Business in Franklin with construction beginning in September of 1999. Upon inquiry.. from Supervisor Brady regarding the status of the surveyors on Route 10 in Rushmere, Mr. Neblett informed Mr. Bradby-that attempts by VDOT to acquire right-of--way would be initiated in the near future. 1 Supervisor Bradshaw requested Mr: Hartley contact Mr. Neblett to coordinate a meeting regarding Pruden Road. Supervisor Claud requested Mr. Hartley contact Mr. Neblett to coordinate a meeting regarding the turn around area on South Johnson Avenue. E 2 Walter Uzzell advised the Board that the speed limit sign, on Bowling Green Road has been torn down and needs .replacing. He also. advised there is no shoulder along the roadway and the overall condition of the road needs attention. Fat Clark requested the status of the turn lanes on Kings Cove Way. Mr. Hartley .informed Mr. Clark that the RacTrac facility .has withdrawn its plans .for. expansion. Supervisor Spady advised that VDOT may need to revisit its strategy for dealing with this matter. Mr. Hartley noted receipt of a letter dated June 7, 1999 from. James S. Givens, State Secondary Roads Engineer approving the abandonment .and addition of a segment of Raynor Road associated with a minor relocation necessary for the road improvement project. I/ Chairman Spady called for Citizens Comments. Robin Land voiced her concern with the Board's decision to appoint Gene Lowery, replacing Herb DeGroft, to the School Board. Michael Uzzell requested the Board take appropriate action against the Director of Public Works for falsely accusing him of removing metal from inside the dumpsters. Linda A. Bean, Director of Social Services, requested the Board allow her department to carry .over $40,000 from the current .fiscal year to next fiscal year for the purpose of upgrading the Department of Social Services' telephone system. She noted the Department of Social .Services is anticipating returning to the County an unexpended $87,000 from Companion Services due to the receipt of supplemental allocations from the State. Supervisor. Bradshaw requested information .from staff concerning what it would take. to make Social Services a part of the County's telephone system. // Chairman Spady called for the .Community Development report. Mr. Hartley notified the Board that he would be meeting with the County Attorney to evaluate what effect the policy advisory received from the Chesapeake Bay Local Assistance Department on the digging of ditches to drain non-tidal wetlands will have on the County. 1 S ~ 1 1 3 .•. ~ ,~ aoc~a ~ ~.: Jul.) 1 Mr. Hartley noted receipt of a letter from the Corps of Engineers that the Corps had lifted its suspension on consideration of future permits for the Jones Creek Boat Landing due to the resolve of the issue of wetlands mitigation. Mr. Hartley distributed information on the additional. positions and reclassifications requested for the fiscal year 1999-2000 within the Planning and Zoning Department. ie At 7:00 p.m., Supervisor Cofer moved the Board amend the regular order of the agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). Regarding the application of James E. Scott for a Conditional Use Permit to operate a go-kart track on fourteen (14) acres of land adjoining 15216 Carroll Bridge Road, Smithfield, in Newport Magisterial District, Chairman Spady notified citizens in the audience that the applicant has requested that his application be withdrawn. Chairman Spady called for a public hearing onthe following: 1 The application of Ivan and Paula Manson for a Conditional Use Permit to locate a mobile home for two (2) years while building a single family residence on five (5) acres of land. located on the north side of Bethany Church Road (Route 678) west of Wrenns Mill Road (Route 677) in Hardy Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Ivan Manson stated he would like to place a mobile home on the lot for two (2) years while he builds his permanent two-story single family dwelling. Chairman Spady closed the public hearing and called for comments from the Board. 1 Supervisor Bradby moved the Board approve the application of Ivan and Paula Manson. The motion was adopted with Supervisors Cofer, .Bradby, Spady, Bradshaw and Claud voting in favor of the motion and. no .Supervisors voting against the motion. Supervisor Bradshaw requested Mr. Hartley research when was the last time that. the Planning Commission recommended two (2) years for. a Conditional Use Permit for a temporary mobile home. 4 _. BOntt ~~ ~.a:~~C~'~) Chairman: Spady called for a public hearing on the following: The application of Heather J. Kassatly for a Conditional Use Permit to locate a mobile. home for two (2) years while building a single family residence on approximately fifteen (15) acres of land located off the west side of Trumptown Road (Route 651). Hardy. Magisterial District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Karen J. Morrison, mother of the applicant, stated she had agreed the placement of the mobile home for one (1) year because she did not have in her possession the deed- that allowed her to place the mobile home on the property. She further stated she was agreeable to one (I) year. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Bradby .moved the Board approve the application of Heather J. Kassatly for placement of said mobile home for one (1) year only. The motion was adopted with .Supervisors Cofer, Bradby, Spady, Bradshaw and Claud .voting in favor of the motion and no Supervisors voting against the motion. Chairman Spady called for a public hearing on the following: , The application of Union Camp Corporation, owner and GTE South, Inc., prospective owner for a Conditional Use Permit to install a GTE telephone remote cabinet. The site is located on the east side of Oid Mill Road (Route 60'7) south of Old Suffolk Road (Route 636) in Windsor Magisterial. District. Chairman Spady called for persons to speak zn favor of or in opposition to the proposed application. Amanda Secora, representing .Sites Unlimited, distributed pictures. of the remote telephone cabinet, as proposed. She stated the purpose of the cabinet is to upgrade existing phone lines for current customers and future customers.. Chairman Spady closed the public hearing- and called for comments from the Board. County Attorney. Crook stated the Planning Commission expressed concern with the color of the cabinet and the applicant has agreed to paint. the cabinet. a color of choice of the Board, either green or beige. 5 I r~ BOCK ~~ 'r ~ )(`7 Supervisor Claud moved the Board approve the application of Union Camp Corporation. The motion was adopted with Supervisors Cofer, Bradby, Spady and Claud voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw abstained from discussion and.voting on the application. Supervisor Cofer moved the Board consider the following three (3) applications simultaneously. The motion was adopted unanimously (5-0). Chairman Spady called for a public hearing on the following three (3) applications: . The application of Alan V. Monette for a change in zoning classification from RAC, Rural Agricultural Conservation to C-LI, Conditional Limited Industrial, 1.8 acres of land located- off Days Point Road (Route 673) on the east side of Monette Parkway in Hardy Magisterial District. The purpose of the application is for an office and data processing complex. 1 The application of Monette Information Systems, Inc. for a change in zoning classification from C-GC, Conditional General Commercial to C-LI, Conditional Limited Industrial, 1.1853 acres of land located off Days Point Road (Route 673) on the east side of Monette Parkway in Hardy Magisterial District. The application of A.T.G. Investments for a change in zoning classification from C-GC, Conditional General Commercial to C-LI, Conditional Limited .Industrial, .815 acres of land located off Days Point Road (Route 673) on the east side of Monette Parkway in Hardy Magisterial District. Chairman Spady called for persons to speak in favor or in opposition to the proposed applications. Alan V. Monette, President of Monette Information Systems and general partner of A.T.G. Partnership, stated he is seeking to build a 5,800 square foot addition to an existing data center building to allow him to build an education center and. twenty (20) additional office spaces for new personnel. 1 Supervisor Bradby moved the Board approve the application of Alan V. Monette, the application of Monette Information Systems, Inc. and the application of A.T.G. Investments. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion.. Chairman Spady called for a public hearing on the following: 6 The application of Cecil S. and Carol G. Rhodes for a change in zoning classification fTOm RAC, Rural Agricultural Conservation to R- R, Rural .Residential. approximately one (1) acre of land located at 20192 Quaker Road, Windsor, in Newport Magisterial District. The. purpose of the application is for one (1) single family residential lot. Windsor Election District. Chairman Spady called for persons. to speak in favor of or in opposition to the proposed application. Cecil S. Rhodes stated he is proposing to build a traditional home on a lot that has been used as a mobile housing lot since 19? 1. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of Cecil S. and Carol G. Rhodes. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. Chairman Spady .called for a public hearing on the following: The application of John T. and Andrea D. Butler, III for a change in zoning classification from RAC, Rural Agricultural Conservation to RR, Rural Residential, approximately 3.5 acres of land located on the south side of Oliver Drive (Route 600) between Longview Drive (Route 602) and Bemis Church Boulevard (Route 10) in Newport Magisterial District. The purpose of the application is to have the two (2) .lots withdrawn from the Longview Agricultural Forestal District and create two (2) single family residential lots. Newport Election District. Chairman Spady called for .persons to speak in favor of or in opposition to the proposed application. John. T. Butler, Jr, stated he is requesting to be allowed to sell two (2) lots .off the original farm site. He stated one (1) lot to be sold is where the original home site- is and the second lot is located where the tenant house is near. the road. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of John T. and Andrea D. Butler, III. The motion was adopted vvith Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the. motion and no Supervisors voting against the motion. i, 1 1 7 60[~M ~~ 'r:~`Jl~V Supervisor Claud moved the Board approve the request of the applicant to withdraw the land from the Longview Agricultural Forestal District. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. Chairman. Spady called for a public hearing on the following application: The application of Charles M. Braswell for a change in zoning classification from RAC, Rural Agricultural Conservation to C-SE, Conditional Suburban Estate approximately five (5) acres of land located on the south side of Five Forks Road (Route 606) between Deer Path Trail (Route 600) and Courthouse Highway (Route 258) in Windsor Magisterial District. The purpose of the application is for one (1) single family residential lot in the Windsor Election District. Chairman Spady called for persons to speak in favor of or in opposition to the proposed application. Charles Braswell stated he is requesting approval of the application because of necessity in his farming operations. Chairman Spady closed the public hearing and called for comments from the Board. Supervisor Claud moved the Board approve the application of Charles M. Braswell. The .motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. Chairman Spady called for a public hearing on the following: The Isle of Wight County 2000-2004 Capital Improvement Program (CIP) Chairman Spady called for persons to speak in favor of or in opposition to the CIP. 1 Mr. Hartley stated the CIP, as presented, has been recommended by the Planning Commission in the amount of $2,658,289.. He noted not included in the CIP are any school requests. Chairman Spady closed the public hearing and called for comments from the Board. 8 -- _ _ __ - , eonx 18 r~::~~~ Supervisor .Cofer moved the Board table .consideration of the Isle of Wight County 2000-2004 Capital Improvement Program and set a work session on June 30, 1999 at 6:00 p.m. to discuss the matter further. The motion was adopted with Supervisors Cofer, Bradby, Spady,. Bradshaw and Claud voting in favor of the motion and. no Supervisors voting against the motion. Chairman Spady called for a public hearing on the following: An Ordinance to Amend the Water Usage Ordinance of the County of Isle of Wight to Not Require Connection Fees for Existing Services Chairman Spady called for persons to speak in favor of or in opposition to the proposed ordinance. E. Wayne Rountree, P.E., .Director of Public Utilities, stated. the County's current ordinance either charges or does not charge a connection fee for a reconnection to an existing service. He stated the proposed ordinance does not charge a connection fee when there is no work required by the County. Chairman Spady closed the ,public hearing and called .for comments from the Board. Supervisor. Claud moved the Board adopt the following amendment to the Ordinance and approve the changes as proposed: AN ORDINANCE TO AMEND CHAPTER 16.1, WATER, ARTICLE IV CONNECTIONS, SSECTION 16.1-15, BY ADDING THERETO SUBPARAGRAPH (e) NO CONNECTION FEE SHALL BE REQUIRED WHEN CONNECTION IS TO BE MADE TO AN EXISTING SERVICE WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia adopted an Ordinance providing for rates and regulations on water usage, Chapter 16.1 of the Isle. of Wight County Code on November 21, 1996; and, WHEREAS, the Ordinance adopted by the Board of Supervisors aforesaid did not specifically require nor exclude connection fees when connections are made to existing services previously used by another building; and, WHEREAS,. the Board of Supervisors of Isle of Wight County, Virginia, deems it to be in the best interests of the citizens of Isle of Wight County to provide in the water usage ordinance a .provision that no connection fee: will be required when connection is made to an existing service previously used by another building when no work is required by the County to ready said service for connection. 1 9 BO~b 10 ~.. ~.L1 1 NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 16.1 Water Article IV Connections Section :16.1-15 be amended by adding thereto the following: (e) No connection fee shall be required when connection is to be made to an existing service previously used by another building when no work is .required by the -County to ready said service for connection. The motion was. adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. Chairman Spady called for a public hearing on the following: An Ordinance to Amend the Sewer Usage Ordinance of the County of Isle of Wight to Not Require Connection Fees for Existing Services Chairman Spady called for persons to speak in favor of or in opposition to the proposed ordinance. Upon no one appearing, Chairman .Spady closed the public hearing and called for comments from the Board. Supervisor Cofer moved the Board adopt the following changes in the Ordinance: AN ORDINANCE TO AMEND CHAPTER I4, SEWER AND SEWAGE DISPOSAL, ARTICLE III, CONNECTION CHARGES SECTION 14-20, BY ADDING THERETO (j) NO CNNECTION FEES SHALL BE REQUIRED WHENCONNECTION IS TO BE MADE TO AN EXISTING LATERAL WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia adopted an Ordinance providing for rates and regulations on sewer usage, Chapter 14 of the Isle of Wight County Code on January 16, 1997; and, 1 WHEREI~S, the .Ordinance adopted by the Board of Supervisors aforesaid did not specifically require nor .exclude connection fees when connections are made to existing services previously used by another building; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it to be in the best interests of the. citizens of Isle of.Wight County to provide in the sewer usage ordinance a' provision that no 10 eo~M 18 ..,:~~1~ connection fee will be required when connection is trade to . an existing service previously used by another building when no work is required by the County to ready said service for connection. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 14 Sewer and Sewage Disposal, Article III Connection Fees, Section 14-20 be amended by adding thereto the following: (j) No connection fee shall be required when connection is to be .made. to an existing lateral. previously used by another building when no work is required by the County to ready said lateral for connection. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. !/ Supervisor Cofer moved the Board return to the regular order of the agenda.. The motion was adopted unanimously {5-0). Chairman Spady moved the. Board take aten-minute recess. The motion was adopted unanimously (5-0). // Upon returning to open session, Chairman Spady called for the County Administrator's report. County Administrator Caskey deviated from the items in his section and introduced for the Board's consideration a resolution recognizing the contributions of Amy Lee Palmer. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE THE ACCOMPLISHMENTS AND CONTRIBUTIONS OF MRS. AMY LEE PALMER WHEREAS, Amy Lee Palmer was a lifelong resident of Isle of Wight County, Virginia; and, ..WHEREAS, Mrs.. Palmer was a fearless pioneer and activist in the Civil Rights movement who advocated for the rights of all citizens in Isle of Wight County; and, 11 60011 1V 'r: J ~~ WHEREAS, Mrs. Palmer played a key role in the successful integration of the public schools in Isle of Wight County; and, LJ WHEREAS, the legacy left by Mrs. Palmer has left an indelible mark on the history of Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors. of the County ofIsle of Wight, Virginia recognizes the contributions and accomplishments of Mrs. Amy Lee Palmer. BE IT FURTHER RESOLVED that the Board of Supervisors expresses its condolences to the family, friends, and loved .ones of Mrs. Palmer on the occasion of her passing. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradby moved the Board adopt the following resolution: 1 RESOLUTION TO CONGRATULATE REVEREND DR. JAMES D. KEY,. II ON HIS FIRST ANNIVERSARY WHEREAS, Little Zion Baptist Church- has existed in Isle of .Wight County since 1879; and, WHEREAS, Rev. Dr. James D. Key II has been called to be Pastor of Little Zion Baptist Church; and, WHEREAS, Rev. Dr. Key .has provided spiritual vision for the congregation of Little Zion Baptist Church; and, WHEREAS, the humility and leadership of Rev. Dr. Key has provided an example that the entire community should emulate; and, WHEREAS, June 27, 1999 has been set aside to celebrate his first year of service at Little Zion Baptist Church and within Isle of Wight County. J NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia congratulate Reverend Dr. James D. Key II and the Little Zion Baptist Church family on its.first anniversary as Pastor and People. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors 'voting against the motion. 12 Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources addressed recent information regarding a request received from a citizen within the County. He explained Arrow Housing Corporation has been working with this citizen to construct a home within the Town of Smithfield and in order for this to be accomplished, they are in need of assistance through the HOME Program funds. He stated there. would be Federal funds provided to the County and there would be no local funds required other than to use local funds as a pass through for these Federal funds. He stated upon completion of a process that the County would go through ensuring that. the funds will be forthcoming, then the County would be requested to provide the $6,000 in funding and request. reimbursement of its funds immediately thereafter. Supervisor CIaud moved the -Board direct staff to proceed with the application pending the availability of funds and the completion of the application process. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey presented a request by the .Friends of the Carrollton Public Library that a sum of $38,800 be donated to the County with the difference representing in-kind contributions made to that project. Mr. Caskey stated The. Friends have also offered to continue furnishing the library and will pay for several miscellaneous items totaling $4,500. Supervisor Cofer moved the Board honor the request of the Friends of the Carrollton Public Library to use in-kind contributions and accept the $38,800 with the exception that they will pay the outstanding bills. The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. Debbie Sivertson briefed the Board on the County's Year 2000. (Y2K) progress, as well as the status of contingency planning efforts and plans for communicating this information to community groups and citizens. County Administrator Caskey stated Supervisor Claud is anticipating being the County's delegate authorized to vote at the National Association of Counties (NACo) annual conference and he would recommend the Board formally designate him in this regard. Supervisor Cofer moved the Board designate Supervisor Claud as the County's delegate authorized to vote at the NACo Annual Conference. The motion was adopted with Supervisors Cofer, Bradby,. Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. 1 13 f'. f soar. ~~ ?1.~) // Chairman Spady called for Old Business. The application of .Paul A. Galloway and Carlton D. O'Neal for a change in zoning classification from G-C, Generale Commercial to SE, Suburban Estate. The site is approximately 2.5 acres of land located at 20041 Brewer's Neck Boulevard, Carrollton, in Newport Magisterial District. The purpose of the application is to provide .residential zoning for an existing single family dwelling. (Tabled May 20, 1999).. Mr. Hartley stated Mr. O'Neal is requesting that the matter be tabled until the Board's July 15, 1999 meeting to allow- him. an opportunity to speak further with a local bank that is willing to finance the property as it is currently zoned. Supervisor Cofer moved .the Board table consideration of the matter until the July 15, 1999 meeting. The motion was adopted with. Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. // 1 Chairman Spady called for New Business. Supervisor Claud briefed the Board on his recent attendance at the Summit II on the Conditions and Future of Virginia Cities. He stated the discussion consisted of ways localities could be assisted through the General Assembly in terms of revenue sharing and the State taking over functions that are today jointly shared between the State and countieso He stated also discussed was that the idea,. in the administrative section of government, there could be an individual that cities and counties could contact to be heard by the Governor through the General Assembly. Supervisor Claud further briefed the Board on his recent attendance at the Coalition of High Growth Communities meeting. He stated an agenda is being looked at for the upcoming General .Assembly and there will be another meeting held in August where these items will be put together with input from Board members before they are finalized. // 1 Chairman Spady called for Appointments. There were no appointments offered for discussion by the Board. // 14 Chairman Spady called for the County Attorney's report. County Attorney Crook stated he forwarded a copy of a Resolution. for Audiotaped Proceedings to .the Board of Supervisors for the Board's consideration. He stated the County Administrator's office has suggested a change in paragraph two (2), page two (2) which states .that "on the day following the Board meeting the audiotapes will be copied and the audiotape will be made available for public view within the Courthouse proper on the second work day after said Board meeting", which is in accord with the Board's prior motion. Supervisor Claud. moved the Board adopt the following resolution, as amended: RESOLUTION WHEREAS, the Clerk of the Board of Supervisors of Isle of Wight County, Virginia, .has for many years audio-taped the proceedings of the Board of Supervisors as a backup tool to the Recording Secretary's notes to aid the Recording Secretary and Clerk in the preparation. of the official Minutes of the Board of Supervisors as required by Section 15.2-1539 of the Code of Virginia, 1950, as amended, the said audio-tape. recordings not having been retained but having been erased following the preparation of the written Minutes for the Board of Supervisors; and, WHEREAS, the procedure employed by the Clerk of the Board of Supervisors of Isle of Wight County, Virginia has been in accordance with the opinions of the Attorney General of the Commonwealth of Virginia (see 1982-1983 Report of the Attorney General, pages 722-723 of September 10, 1982) and has .been upheld by the Circuit Court of Isle of Wight County, Virginia (see Decree in Times Publishing v. County of Isle. of Wight, Virginia, Board of Supervisors, in chancery No. 3803, Circuit Court of Isle of Wight County, Virginia September 29, 1987, appealed denied by the Virginia Supreme Court by Order entered October 20, 1987) said audio- tape recordings not being deemed public records .under the Virginia Freedom of Information Act; and, WHEREAS, the General Assembly amended Section 2.1-341 of the. Freedom of Information Act, Code of Virginia, to add "recordings" as "public records"; and, WHEREAS, the Clerk of the Board of Supervisors of Isle of Wight County, Virginia, shall .continue to provide written Minutes as the official records of the .meetings of the Board of Supervisors pursuant to Section 15.2-1.539 of the Code of Virginia, and audio-tape recordings will continue to be used by the/ Clerk as a backup to the preparation of the Minutes and said audio-tape recordings will be made available to the public upon request 1 15 aoc~~ 1~ X17 pursuant to the Freedom of Information Act under the. procedure hereinafter provided. J 1 IN CONSIDERATION WHEREOF, it is hereby resolved by the Board of Supervisors of Isle of Wight County, Virginia, that: 1. Minutes of the public meetings of the Board of Supervisors will be recorded by audio-tape as a backup to the Clerk's notes to aid the Clerk in the preparation of the official Minutes of said Board; 2. That on the day following the Board meeting the audio- tapes will be copied and the audio-tape copy will be made available for public review within the Courthouse proper on the second work day after said Board meeting; 3. .All such audiotapes will be appropriately labeled, dated, and inventoried for ease of identification and kept in a single location in the County Administrator's offices for a period of one year; 4. All such audiotapes shall be maintained and made available to the public in accordance with the applicable provisions of the Virginia Freedom of Information Act. 5. The foregoing policy, when adopted by the Board of Supervisors, will be effective July 1, 1999. The motion was adopted with .Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. County Attorney Crook stated he had. four (4) matters for executive session later in the meeting. // Mr. Robertson presented a job description for the Emergency. Services Coordinator for the Board's consideration. Under "General Statement of .Job", Chairman Spady requested Mr. Robertson insert "assist in" before "establishing policies and procedures to support, execute and manage the plan". Under "Minimum Training and .Experience", Chairman Spady requested Mr. Robertson include "Firefighter I or II or higher certification". Under "Special Requirements", Supervisor Bradshaw requested Mr. Robertson include "a good driving record". /J 16 County Administrator. Casket' requested an executive session under Section 2.1-344 Al of the Freedom of Informatioxl Act concerning a personnel matter; under Section 2.1-344 A7 concerning two (2) matters regarding potential litigation requiring advice of counsel and under Section 2.1-344 A7 concerning a contractual matter requiring advice of counsel. County Attorney Crook requested an executive session under Section 2.1-344 A7 concerning two (2) matters involving advice of .counsel on potential litigation; under Section 2.1-344 A7 concerning advice of counsel and staff on regional negotiations for agreements and under Section 2.1-344 Al concerning a personnel matter. .Supervisor .Bradshaw requested an executive session under Section 2.1-344 A l concerning a personnel matter requiring advice of counsel and under. Section 2.1-344 A3 concerning acquisition of land for public purposes. Supervisor Bradby moved the Board enter executive session for the reasons stated. The motion was adopted unanimously (5-0). Upon. returning to open session, Supervisor Cofer 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, 2.1-344.1 A 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: Cofer, Bradby, Bradshaw, Spady and Claud NAYS: 0 ABSENT DURING VOTE: 0 ' 17 1 1. ., eoe~ 1~s ~.. ~1~ i~ II 1 ~ L_. iei i° ABSENT DURING MEETING: 0 The motion was adopted with Supervisors Cofer, Bradby, Spady, Bradshaw and Claud voting in favor of the motion and no Supervisors voting against the motion. // .Chairman Spady requested that the matter of the VRS SO/30 amendment be placed back on the Board's agenda for its June 30, 1999 continued meeting. SuQervisor Cofer moved the Board continue its meeting unfit 6:00 p.m. on June 30, 1999 for the purpose of conducting a budget work session.. O. A. S Chai W.1Joug1 key, Cle f 18