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07-15-1999 Regular Meeting80^K 1~ ~;;~5',8 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY-BOARD OF SUPERVISORS HELD THE FIFTEENTH DAY OF JULY IN THE YEAR NINETEEN HUNDRED NINETY NINE PRESENT: Malcolm T. Cofer, Vice-Chairman Henry H. Bradby Phillip A. Bradshaw Robert C. Claud, Sr. ABSENT: O. A. Spady Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant to the County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Vice-Chairman Cofer presided over the meeting in the absence of Chairman Spady and called the meeting to order at 6:00 p.m. The invocation was delivered by Reverend James D. Key, Pastor,. Little Zion Baptist Church. // The Pledge of Allegiance was conducted. Vice-Chairman Cofer indicated the .following Consent Agenda included Items 1, A and B, and asked if there were any items for removal: A. Delinquent Real Estate Tax Collection Monthly Report B. June 17, 1999 Regular'Meeting Minutes Supervisor Claud moved the Board adopt all items of the Consent Agenda. The motion was adopted with .Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0~ and no Supervisors voting against the. motion. // Vice-Chairman Cofer called for Transportation Matters. Mr. Hartley noted receipt of a letter dated June 30, 1999 from R. L. Riddick, VDOT, advising that Whispering Pines Trail and Blue Ridge Trail have been regraded. ~i 1 Mr. Hartley noted receipt of a letter dated July 6, 1999 from James S. Givens, VDOT, approving the abandonment of Williams Street. 500n ~ 10 ra:;:~~I,~J Mr. Hartley notified the Board that the quarterly meeting with Mr. Cleveland and staff would be held on July 26, 1999 at 2:00 p.m. at the VDOT Suffolk office to discuss issues that are related to the County.. Mr. Hartley requested Board members with projects or concerns notify him for inclusion of these items on the agenda. 1 Mr. Hartley notified the Board that a public hearing on the Route 260 Connector project would be held on August 17, 1999 at the Jamestown/Camptown Community Center. Supervisor Bradshaw requested Mr. Hartley confer with VDOT to make certain that public attendance can be adequately accommodated at this facility. Supervisor Bradby requested Mr. Hartley check with VDOT on the status of the posted speed limit and appropriate signage along Route 650. Supervisor Claud requested Mr. Hartley follow-up on how. much right- of-way is needed along Blue Ridge Trail Supervisor Claud requested Mr. Hartley follow-up on needed right-of- way for improvements to Muddy Cross .Drive. I~J Supervisor Bradshaw requested Mr. Hartley follow-up with VDOT on the criteria for developing a list of candidate roads to be considered under the Pave-In-Place program. Upon inquiry from Supervisor Bradshaw, Mr. Hartley brought the Board up-to-date on the status of the surveying work on roads. to be .brought into the State system. Henry. Bell, a resident of Raynor Road, provided a status. report to .the Board on the progress of the improvements to Raynor Road. // Vice-Chairman Cofer called for Citizens Comments. Grace Keen, a resident of Benns Church Boulevard, suggested a year- round Farmers Market be developed in the County to showcase the County's products. 1 Michael Uzzell requested attention be given to a letter he previously received from the Director of Public Works concerning illegal _activities at dumpster sites. Mr. Uzzell also requested school bus. signs be installed at certain locations in the County. 2 .BOOK 18 :~..'~540 Supervisor Cofer requested Mr. Hartley further discuss the matter of school. bus signs with Mr. Uzzell to determine if the locations suggested by Mr. Uzzell qualify under VDOT's .specifications. Supervisor Cofer also requested the County Administrator bring the matter of the letter from the Director of Public Works to the Board for consideration at its August 5, 1999 meeting. // Vice-Chairman Cofer called for the Community Development report. Responsive to an inquiry from the Board at its June 17,.1999 meeting regarding mobile homes, Mr. Hartley referred to a report contained in the agenda outlining the history prior to the new Zoning Ordinance.. Mr. Hartley noted the Planning Commission would be evaluating amendments to change how the County currently. deals with the family member mobile homes and this information will be brought back to the Board in the early Fall. Mr. Hartley noted .the Coalition of High Growth Communities would begin its meetings in August to evaluate its legislative agenda for the 2000 General Assembly session. Mr. Hartley requested the Board notify him of its objectives so that these issues can be addressed with the Coalition: Mr. Hartley specifically asked the Board what it thought the focus of the Coalition ought to be and what input can be given to Supervisor Claud, the Board's representative, in terms of the upcoming legislative session. Supervisor Claud stated that when .representatives for the Coalition met last year, items such as revenue sharing and sources, construction of new schools and land issues were discussed. He stated each community had its own specific need which the Coalition attempted to incorporate into one. general package.. He stated he believes the Coalition will do well to concentrate on land use issues and he believes. the land use issues contained in the hand-out provided by the Virginia Chapter of the American Planning Association and distributed by Mr. Hartley incorporates this list. He offered to help Mr. Hartley and the attorney to review these issues to determine how applicable they may be to the .County. Supervisor Claud requested Mr. Hartley review all related topics and issues and that he bring recommendations to the Board for further consideration as to what should be included on the Coalition's agenda. Mr. Hartley noted staff had received a letter from the Chesapeake Bay Local Assistance Department (CBLAD) in response to the County Administrator's. letter of June 15, 1999. Mr. Hartley stated CBLAD's main priority in terms of funding is to achieve Comprehensive Plan consistency and that regular implementation is no longer a high priority. 3 ~~~~ 1~ ~~:^54i Mr. Hartley noted traffic access management plans for the Eagle Harbor development have been referred to :Langley & McDonald, VDOT and the Hampton Roads Planning District Commission for their comments. He noted he proposes to bring the matter to the Planning Commission for its consideration at its August 10, 1999 meeting and then to the Board for its consideration at its August 19, 1.999 meeting. Mr. Hartley noted he would be inviting a representative from the Hampton Roads Sanitation District to the Planning Commission's meeting of August 10, 1999 to discuss the issue of sludge applications. // Vice-Chairman Cofer called for the County Administrator's report. County Administrator Casket' presented a resolution recognizing Dr. Sujata C. Buck upon her resignation from .the Western Tidewater Health District for the Board's consideration. Supervisor Bradby moved the Board adopt the following resolution: RESOLUTION TO RECOGNIZE DR. SUJATA C. BUCK UPON HER RESIGNATION FROM WESTERN TIDEWATER HEALTH DISTRICT WHEREAS, Dr. Sujata C. Buck has been Director of the Western Tidewater Health District for six years;. and, WHEREAS, Dr. Buck has demonstrated a commitment to serving the health needs of citizens in Isle. of Wight County and surrounding communities; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia appreciates the hard work and commitment of Dr. Buck to the Western Tidewater Health. District; and, WHEREAS, Dr. Sujata C. Buck tendered her resignation from employment effective August 9, 1999. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to recognize and express appreciation to Dr. Sujata C. Buck on the occasion of her resignation from employment with the Western Tidewater Health District.. 4 9~4K ~C7 ~,;:::~~42 The motion was adopted with Supervisors Cofer, Bradby, Bradshaw and. Claud voting in favor of the motion (4-0) and. no Supervisors voting against the motion. County Administrator Caskey noted a formal presentation copy would be presented to Dr. Buck. on July 30, 1999. County Administrator Caskey noted the Metropolitan Planning Organization will be taking action on the matter of regional transportation priority settings at its August 18, 1999 meeting. In the meantime, he recommended that the Board study this information further and contact him should they have any questions. County Administrator Caskey noted he would bring .the matter back to the Board at its August 5, 1999 meeting for further discussion and the Board's consensus as to the County's perspective on the matter. Supervisor Claud reminded the Board that the issue of regional transportation priority settings is a twenty (20) year plan which will be updated in the next three (3) years.. He stated the General Assembly would be making the decisions on how to fund these projects, not the jurisdictions. He stated the responsibility of the MPO is to determine a reasonable. way that these projects can be funded. County Administrator Caskey presented a late item request. from Michael King dated July 13, 1999 concerning a contribution.. from the County for .the AAU 12 and Under Girls Softball Team. County Administrator Caskey stated the. contribution would help send the team to Sterling, Virginia to the Pony Nationals from July 27, 1999 until August 1, 1999. Supervisor Cofer moved the .Board appropriate $500 from the Contingency Fund for the AAU 12 and Under Girls Softball Team. The motion was adopted with Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Responsive to the Board's request to staff at its July 1, 1.999 meeting, County Administrator Caskey- presented draft criteria for requests for funding sponsorships. He asked that the Board study the criteria further and noted that he intends to bring the matter back to the Board for .its consideration at its August 5, 1999 meeting. In the meantime, Supervisor Cofer requested. the County Attorney review the guidelines.. // Vice-Chairman Cofer called for Old Business. 1 1 1 5 goon 18 -r~:~543 Vice-Chairman Cofer called for consideration of the following old business. 1 The application of Paul A. Galloway and Carlton D. O'Neal for a change in zoning classification from G-C, General 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. Mr. Hartley stated .the applicant is requesting his application 6e withdrawn as he was able to secure financing with the property zoned commercial. Supervisor Bradshaw moved the Board approve the applicant's request to withdraw his application. The motion was adopted with Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. // Vice-Chairman Cofer called for New Business 1 Responsive to Supervisor Claud's request for the establishment of procedures as to how fiscal impact studies would be handled in the future, Mr. Hartley noted that there is a manual under preparation through discussions with the Planning. Commission to ztiectively deal with these studies. Mr. Hartley referred to a textbook entitled The Fiscal Impact Analysis Handbook which is considered. the standard reference text for fiscal impact analysis and. noted that he is in the process of distilling this dawn to something that works for the County. Mr. Hartley noted there are twenty- eight (28) pages of amendments of various natures and this information would be coming to the Board at the end of the year. // Vice-Chairman Cofer called for Appointments. 1 Supervisor Claud moved the Board reappoint Virtley Porter, representing the Windsor District, to the .Commission on Aging for an additional three (3) year term. Ms. Porter's term will expire in July of 2002. The motion was adopted unanimously (4-0). Supervisor Bradshaw moved the Board reappoint Paul Hall, Sr. to the Virginia Alcohol Safety Action Program for an additional three (3) year term. Mr. Hall's term will expire in May of 2002. The motion was adopted unanimously (4-0). 6 ~ ~ ~o~~ 18 >~:.-544 ~~ Vice-Chairman Cofer called for the County Attorney's report. County Attorney Crook stated Supervisor Bradshaw referred to him a request from the Carrsville Volunteer Fire Department requesting the Board consider an ordinance that would provide for junior volunteer fire fighters (children sixteen (16) and older) who meet certain requirements. He stated there is a statute that authorizes this and he has prepared an Ordinance for the Board's consideration should they authorize him to advertise this matter for public hearing at the Board's August 19, 1999 meeting. Supervisor Bradshaw moved the Board authorize the County Attorney to advertise the Ordinance for public hearing at the Board's August 19, 1999 meeting. The .motion .was adopted with Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the. motion. // Vice-Chairman Cofer called for a public .hearing on the following: The application of Isle of Wight County Department of Parks and Recreation to hold the "1999 Isle of Wight County Fair" on Thursday, September 16, 1999 through Sunday, September 19, 1999 on 43.9 acres of land adjoining the Courthouse Complex which is located. on the west side. of Courthouse Highway (Route 258) in Hardy Magisterial District. Vice-Chairman Cofer called for persons to speak in favor of or in opposition to the proposed application. Alan S. Nogiec, Director of Parks and Recreation, requested the Board approve the application for the County's sixth annual Fair. He .noted this year's fair will be dedicated in memory of Joel C. Bradshaw, Jr. Vice-Chairman Cofer closed the .public hearing and called for comments from the Board. Supervisor Claud moved the .Board approve the application of the Isle of Wight County Department of Parks and Recreation. .The motion was adopted with Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the. motion (4-0) and no Supervisors. voting against the motion. Vice-Chairman Cofer called for a public hearing on the following: i 7 90~ti ~O , :'~~45 1 The application of Sheila B. Epperly and William R. Bryant, Jr. for a Special Use Permit to utilize a travel trailer/camper during the summer months and otherwise store at 14460 Burwells Bay Road, Smithfield in Hardy Magisterial District. Vice-Chairman Cofer called for persons to speak in favor of or in opposition to the proposed application. Sheila B. Epperly,_ co-owner of the property, stated when' she purchased the property in 1996 it contained a camper and shed. She stated the camper was removed which was in need of repairs due to saltwater deterioration, but she was unaware that if it were ever removed, if would no longer be grandfathered. She requested the Board approve the application; otherwise, because of setback requirements, the property is of no use to her. Ms. Epperly distributed a copy of a letter from an individual who was in favor of the application but could not be present at the meeting tonight due to health reasons. Bill Butler, a resident of River Ridge Road, spoke in favor stating he knew the previous owners of the property who sold the property to the Ms. Epperly and Mr. Bryant with the intentionthey could use the trailer on the property. Mr. Butler stated the trailer .was only removed because the roof was in need of repair and had collapsed. 1 Mr. Hartley distributed a copy of a letter dated July 9, 1999 from Rueben R. Lewis and Linda C. Lewis in support of the application. Vice-Chairman Cofer read into the record a letter from Lillian Gainey of Burwells Bay in support of the application. Upon no one appearing to speak in opposition, Vice-Chairman Cofer closed the public hearing and called for comments from the Board, 1 Upon inquiry of County Attorney Crook, Mr. Hartley notified the Board of his receipt of a letter. of denial from the Health Department dated July 13, 1999 addressed to the Bryants who had applied for an on-site sewage disposal system. Mr. Hartley noted he spoke with Larry Griffin with the Health Department who advised that there could not be a septic system located on this property. Mr. Hartley notified the Board that a system was established several years ago without the approval of the Health Department. Mr. Hartley stated the Health Department has indicated that this system would require variances and that there are no easements establishing where the lines are at this point. William R. Bryant, Jr. stated it has been determined that the site is not suitable for a sewage system, however, there was a disposal pumping station placed on the property some .time ago that could handle the sewage from the trailer by pumping it on to another piece of property. He stated the Health Department would have to reevaluate this system to determine if it would be sufi'icient for handling the sewage portion of the trailer. He stated if the. Board approves his application tonight, then he will proceed with meeting 8 eoo~ 18.„-:546 the. requirements of the Health Department. Mr. Bryant stated he is now talking with. the gentlemen who has control of the septic tank and thus, far he has no problem with giving them an easement. Mr. Hartley clarified for the Board that there is no location on-site that the applicant owns that can be used for a septic system. He stated the Health Department now requires either an on-site system or easements to _ provide for the maintenance of that system by all the users of the drainfield. . Supervisor Bradshaw stated Planning Commission member O'Brian. voiced a concern with setting a precedent. Responding to that, County Attorney Crook stated the County's Ordinance only allows travel trailers in travel. trailer parks and that Commissioner O'Brian was concerned .that the County might be opening a door by allowing travel trailers to be located outside of a travel trailer park. 1-1e stated the application tonight is for a Special Use Permit which. is what an individual asks for if a use is not permitted in any. district. He stated the Board's approval of this Special Use .Permit tonight will be establishing a precedentin that the Board has granted. approval for a Special Use Permit for a travel trailer and if someone else in thin situation wants the same thing,. an individual could argue that it was done far Mrs. Epperly and should be done for them as well. Supervisor Bradshaw stated he is not in favor of setting such a precedent and he is opposed to the .application. Supervisor Bradshaw stated both of his representatives on the Planning Commission were against the request and he intends to support their concerns. Supervisor Claud shared Supervisor Bradshaw's concerns and stated he is also concerned with having non-standard conditions. He stated:he is aware of other non-conforming conditions in that area, but at some point the Board must make a start. Supervisor Bradby moved the Board table the application of Sheila B. Epperly and William R. Bryant, Jr. until the Board's August I9, 1999 meeting to allow the applicant time to hear back -from the Health Department on the approval of an off-site septic tank. The motion was adopted (3-1) with Supervisors Cofer, Bradby and Claud voting in favor of the motion and Supervisor .Bradshaw voting against the motion. Vice-Chairman Cofer called for a public hearing on the following: The application of Bruce R. and Eleanor M. Spady for a change in zoning classification from RAC, Rural Agricultural Conservation to C- SE, Conditional Suburban Estate, 4.29 acres of land located on the south side of :Mallard Cove Lane, off Gayle Way (Route 693), in Newport Magisterial District. The purpose of the application is for a single-family residential lot. Vice-Chairman Cofer called- for persons to speak in favor of or in .opposition to the proposed application. ~- 9 9Q~Il ~O ~~::547 Bruce R. Spady stated he rezoned approximately seven (7) acres last year, however, he failed to file the required zoning boundary plat within the six (6) months time limit. He stated in the meantime he sold half of the land to an adjoining landowner and he is now reapplying to rezone 4.29 acres, rather than the original seven (7) acres. ~- Upon no one appearing to speak in opposition, Vice-Chairman Cofer closed the public hearing and called for comments. from the Board. Supervisor Claud moved the Board approve the application of Bruce R. and Eleanor M. Spady, as proffered.. The motion was adopted with Supervisors Cofer, Bradby, Bradshaw .and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Vice-Chairman Cofer called for a public hearing on the following: The application of Mike and Charlotte Scott for a Conditional Use Permit to locate a mobile home on their property at 15401 Loblolly Lane, Windsor, in Newport Magisterial District, to be occupied by father, Gary C. Alexander. 1 Vice-Chairman Cofer called for persons to speak in favor of or in opposition to the proposed application. Charlotte Scott stated she is requesting the location of a mobile home. on her property so that she can care for her father. Upon no one appearing to speak in opposition, Vice-Chairman Cofer closed the public hearing and called far comments from the Board. Supervisor Claud moved the Board approve the application of Mike and Charlotte Scott, as conditioned. The motion was adopted with Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Vice-Chairman Cofer called for a public hearing on the following: The application of Vintage Builders for a Conditional Use Permit to operate a real estate office in a model home, to be located on lot 76 of Carrollton Meadows Subdivision, at 23231. Larkspur. Court, in Newport Magisterial District. Vice-Chairman Cofer called for persons to speak in favor of or in opposition to the proposed application. 10 9~Oh 18 -,;:-548 Robert Bei-lucchi, a representative of Vintage Builders, stated he is applying for a Conditional Use Permit with the intention of utilizing a model home to operate a real estate office in the Carrollton Meadows Subdivision. Vice-Chairman Cofer closed the public hearing and called for comments from the Board. Supervisor Claud requested Mr. Hartley address the comments in the Board's package concerning off=street parking. Mr. Hartley stated the applicant has indicated there was off-street parking available and the Planning Commission felt this was adequate. Supervisor Claud asked Mr. Berlucchi if two (2) years was within his time frame for utilizing the model home.. Mr. Berlucchi indicated he felt two (2) years. would be a sufficient amount of time. If not, he would return to the. Board and request an additional year. Mr. Berlucchi stated the model home would eventually be sold as a permanent home. Upon no one speaking in opposition, Supervisor Bradby moved the Board approve the application of Vintage Builders, as conditioned for two (2) years.. The motion was adopted with Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Vice-Chairman Cofer called for a public hearing on the following: An Ordinance To Amend The Isle of Wight County Code To Prohibit Dogs Running At Large On Garbage Collection Sites Or Other Publicly Owned Property Vice-Chairman Cofer called for persons to speak in favor of or in opposition to the proposed Ordinance. County Attorney Crook stated he prepared the proposed Ordinance responsive to concerns voiced by the Department of Public Works and two (2) Board members regarding dogs running at large at trash collection sites. Delores Darden of Bowling Green Road spoke in favor. She stated she is the owner of the Darden Store where several dogs continually roam the area. She stated she has received numerous complaints from residents visiting the dumpster site across the street that are afraid to leave their cars. She stated she has contacted the Animal Control shelter and staff has informed her that the dogs are legal because they wear collars. She warned that a person could get bitten when attempting to get .away from one of these stray dogs. 1 i 90Qh 18 ~r::~-54J 1 Beverly Crowley of Dews Plantation Road stated the County needs additional staffing in the Animal Control Department in order to enforce this Ordinance. Valerie Delgoto, President of the 1-lumane Society, noted a problem with the Animal Control shelter not being open during stated hours due to lack of manpower. She stated it is often difficult to reach the shelter by telephone because the phone is continuously ringing and .then staff must respond, in order of priority, to calls.. She .stated complaints that are not considered an emergency are left unanswered and the Board must first address the issue. of a lack of staffing for the Animal Control shelter. Sharon Hart of Newbill Lane spoke in favor of the Ordinance. She requested leash laws be passed in the higher density areas of the County, such as Sugar Hill Road. She expressed concern with dogs lying in the road, playfully attacking her as she walks down the roadway, hunting dogs howling and dogs urinating on her shrubbery and flowerbeds. She spoke in favor of additional staffing in the Animal Control Department. Vice-Chairman Cofer closed the public hearing and called for comments from: the Board. ~ _~ Supervisor Claud moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE TO PROHIBIT DOGS RUNNING AT LARGE ON GARBAGE COLLECTION SITES OR OTHER PUBLICLY OWNED PROPERTY BE IT AND IT IS HEREBY ordained by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 3, ANIMALS AND FOWL, Article II, Dogs and Cats, Division 2, Running at Large Generally, Section 3-18 Running at large prohibited within certain zoned areas; "at large" defineds responsibility of owners or custodians. is hereby amended to read as follows: 1 It shall be unlawful for the owner or custodian of any dog to allow such dog to run at large at any time .within any area in the county other than those districts zoned. Rural Agricultural Conservation. This exception does not apply to mobile homes or trailer parks in Rural Agricultural Conservation District.. It is further, unlawful, for the owner or custodian of any dog to allow such dog to run at large on any garbage collection sites or any other publicly owned property in the County of Isle of Wight. For the purposes of this section, "at large" shall be taken to mean off the premises of the owner and not under the control of the 12 eoaK 18 ~~~55~ owner, his agent or the custodian of the dog, by a leash, cord or chain; provided, that a dog shall not be considered "at large" if, during the hunting season, it is on a bona fide hunt, in the company of a licensed hunter or during field. trials or training periods when accompanied by its owner or custodian. It shall be .the responsibility of owners or custodians of dogs residing .within the Rural Agricultural Conservation Districts of the County to control such dogs to prohibit. them from roaming in the other areas covered by this ordinance. The motion was adopted with .Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Supervisor Cofer requested the County Administrator investigate why Animal Control personnel are not in their office during stated hours of operation. Supervisor Bradshaw requested staff review and compare the leash laws in high-density areas and provide the Board with a recommendation on the. possibility of tying the ..leash law to the County's designated. Development Service Districts. County Administrator Caskey requested an executive session concerning potential litigation requiring advice of counsel and (2) personnel matters. Vice-Chairman Cofer requested an executive session concerning the purchase ofreal estate for public use. County Attorney Crook reviewed the requests .for executive session under the revised Freedom of Information Act so than they were properly put into motion form and met the criteria required. Regarding the personnel matters, County Attorney Crook asked if they were employees of the County. County Administrator Caskey replied one matter involved a performance evaluation. and the other matter involved compensation. County Attorney Crook advised these matters qualified under. the Freedom of Information Act. under Section 2.1-344 A1. County Attorney Crook advised Mr. Caskey's request concerning potential litigation requiring advice of counsel qualified under. Section 2.1-344 A7 of the Freedom of Information Act. County Attorney Crook asked Vice-Chairman Cofer if his request concerning the purchase of real estate for public use is that to discuss that 1 1 1 13 ao~K ~18 .;:-;551 property in public session could affect the negotiating strategy of acquiring that property. 1 Vice-Chairman Cofer stated he believed in this case that it would affect the negotiating strategy of acquiring that property to discuss it in open session as it involves acquisition only and not use. County Attorney Crook advised Vice-Chairman.. Cofer's request concerning the purchase of real. estate for public use does qualify under Section 2.1-344 A3 of the Freedom of Information Act. Supervisor Claud moved the Board enter executive session for the reasons stated after taking aten-minute break. The motion was adopted with Supervisors Cofer, Bradby, Bradshaw and Claud voting in favor of the motion (4-0}and no Supervisors voting against the motion. Upon returning to open session, Supervisor Claud moved the Board adopt the following resolution: CERTIFICATION OF EXECUTIVE MEETING i~ ~~ WHEREAS, the Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.1-344.1A of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of 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 and Claud 1 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Spady 14