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10-05-2000 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF OCTOBER IN .THE YEAR TWO THOUSAND 1 PRESENT:. Phillip A. Bradshaw, Chairman Henry H. Bradby, Vice-Chairman Robert C. Claud, Sr. Stan D. Clark Richard K. MacManus Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County AdministratorlDirector of Human Resources Carey H. Mills, Recording Secretary Chairman Bradshaw called .the meeting to order at 2:00 p.m. The invocation was delivered by Supervisor Clark. The .Pledge. of Allegiance was conducted // Chairman .Bradshaw reminded the public that the .Guidelines for Citizens Comments take effect this meeting which require all citizens interested in speaking to sign up prior to the Citizens Comments section of the agenda. He stated the sign up sheet is located at the podium and names will be called in order of sign-up for citizens to speak. He noted citizens not signed up, but wishing to address the Board must be do so at theconclusion of the meeting, if time allows. He stated each speaker will be limited to five (5) minutes under Citizens Comments and if there are groups speaking before the Board on a particular subject, he would ask that. only three. (3) spokespersons sign up. // Chairman Bradshaw called for Special Presentations.. 1 Dan Miles, Director of .Operations, and. Amy .Hardy, Southeastern Public.Service Authority, briefed the Board on the post closure groundwater monitoring requirements .related to the County landfill. County Administrator Caskey distributed a report on what has transpired over the last several .years regarding the landfill closure. Frank Staley, Charter :Communications,. reported that Charter will • finish the cable system rebuild in the County in 2001 and digital cable services will be activated at that time. Regarding the Settlement Agreement, 1 eon 1~ ~M:~434 Mr. Staley advised that he would provide the County Attorney with a written response by next week.. Danny Carroll, Executive Director, Isle of Wight-Smithfield-Windsor Branch of the .YMCA, distributed. a Phase I and Phase II proposal. He requested.. approval to move forward with the Phase I expansion of the YMCA facility located at the old Smithfield High School, with the understanding Phase II will follow as soon as the funding is in place. County Administrator Caskey advised the Board that students from. Virginia Tech are currently working on a master plan design for that campus which is anticipated to be complete sometime in December of 2000 or January of 2001. Supervisor MacManus advised Mr. Carroll that the Board could not take action on the request until it receives the master plan from Virginia Tech. Kip White; American Tower Corporation, addressed the Board on the. status of the construction of a new telecommunications tower to be located at the Public Works Compound. He advised approval by the FAA was received last Friday; that the new tower has been ordered; foundation designs will be received next. week; and, construction shall begin within thirty (30) days with completion. anticipated by the end of the year. Mike Alexander, representing the Carrollton Civic League, the Isle of Wight Citizens Association and the Rescue Community League, addressed the Board on an alternative Northern Development Service District concept. Barbara Mease, Executive Director, The Children's Center, addressed the Board concerning various options for the location of a Center in the Smithfield area. Chairman Bradshaw noted that the County has a County committee and .students from Virginia Tech that are working on a master plan design. Supervisor MacManus stated the Board must be fair and equitable about how the County does. things and he believes the Board should have the same ruling with this request as with the YMCA to have The Children's Center work with the current County and Board committee. Chairman Bradshaw noted that the Board directed the Committee with Alan Nogiec as Chairman to report to the Board on a recommendation regarding the long-term use of the property. He noted the Board could either direct the County Administrator to review the direction the Board gave the Committee or the Board. can make another motion today to reinstate what the Board's desire is with that Committee. i~ 1 2 90~n 19 ,,,~~~,~5 J 1 Supervisor MacManus stated there are a lot of parking needs in this area during the evening and even though the proposed parking space for the center is being located at the back .of the property furthest away from the college campus, there is some argument that could be made that the parking would have more value. if The Children's Center was moved up to the front of the lot. He noted he is not comfortable with taking any type of action on this without some type of study.. He recommended that The Children's Center be included in the group that is currently workingwith Mr. Nogiec so that The Children's Center is part of the future of that campus and that the best arrangements be made as possible. Mrs. Mease advised that if The Children's Center is not able to give the Federal Government construction documents in sufficient time to be opened next September, then the money would not be available. Supervisor Claud noted the Board would have the results in thirty (30) days from the study. He-asked Mrs. Mease if it would suffice if the Roard could advise at that time that the County could provide The .Children's Center with space on this lot, although the exact location on the lot is not determined at this point. Mrs. Mease advised she thought this would work. Supervisor Claud moved the Board include The. Children's Center in -the committee. chaired by Alan Nogiec with other users associated with that property. In the meantime, County Administrator Caskey was directed to fax to Virginia Tech information on the Children's Center. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw indicated the following Consent Agenda included Items 2, A through G, and asked if there were any items for removal:. A. 1997A General Obligation Water and Sewer Bonds B. Leadership Isle of Wight Program C. Addition of Certain Roads in Quail Meadows Subdivision and Carrollton Meadows Subdivision to the Secondary System D. CSA Case Management Reviews . E. Wooden Beam from Millpond Area 3 DQQrt ~'J ~N..r i•JV F.. August 30, 2000 Called Meeting Minutes G. September 7, 2000 Regular Meeting Minutes Supervisor Claud moved the Board adopt all items of-the Consent Agenda.. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradshaw called for Regional Reports. Regarding the Hampton Roads Partnership, Supervisor Claud- reported that he and the County Administrator attended the retreat on September 22na and 23~d~ He noted discussion focused on the suggestion that a group be formulated, both public and private,. to create a vision for the Hampton Roads region. Regarding the Hampton Roads Economic Development Alliance, Chairman Bradshaw reported that the. Director of Economic Development was .not able to attend the meeting. held last week. Regarding the Mayors and Chairs Caucus, Chairman Bradshaw reported that. the Mayors and Chairs Caucus did not meet in the month of September. Regarding. the Southside Mayors and Chairs, Chairman Bradshaw reported that the Southside Mayors and Chairs did not meet in the month of September. Regarding the Hampton Roads Planning .District Commission, Supervisor Claud noted that election of officers would be held at the October Commission meeting.: Regarding the Southeastern Public Service Authority, Supervisor MacManus reported that a Resolution of Appreciation to Malcolm T. Cofer was adopted... He further reported that alternative .funding sources are being reviewed: County Administrator Caskey distributed a package of information that also contained a survey of SPSA services. .Regarding the Western TidewaterRegional Jail Authority, Supervisor Claud reported a lack of quorum for the September meeting.. Regarding the Western Tidewater Water Authority, Supervisor Claud noted a meeting is scheduled for the third Friday of this month. // 4 .: Chairman Bradshaw called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, presented the tentative Virginia Transportation Development Plan for FY2001-2006 for the Board's information. Supervisor Bradby noted that Raynor Road will be striped Supervisor Clark inquired about the status of Yellow Rock Road and Gayle Way. Mr. Hartley advised he provided Mr. Nabers with a status report as these roads relate to the Rural Addition Program. Mr. Hartley formally introduced Bob Watkins, the new Codes. Enforcement Officer within the Department of Planning and Zoning. I/ : Chairman Bradshaw called for Citizens Comments. Jerrianne Gardner briefed the. Board on the recent presentation by the Sierra Club at the Rescue Community Center concerning a comparison between two (2) counties and the different Comprehensive Plans they adopted and the effects they had. She requested the Board members contact the Virginia Chapter of the Sierra Club to request a copy of this presentation for the Board and Planning Commission. Regarding the issue of the Eagle Harbor rezoning application, specifically a letter from the County's Director of Planning and Zoning. to the Department, of Environmental Quality (CBLAD), Ms. Gardner requested that all documents be submitted for review by CBLAD. She further-requested that all future projects which contain areas near sensitive tidal and non-tidal wetlands be forwarded to CBLAD as a routine practice.. Phil Goodwin, representing the Isle of Wight Volunteer Rescue Squad, noted his opposition. to the proposed plan for dispatching rescue squads by the Sheriff's Office in the .County. He requested that rescue squads remain with the Smithfield Police Department. 1 Mary Alexander requested that a fiscal impact study be done on all proposed projects approved in the County. Bryan Carroll, representing the Isle of Wight Volunteer Rescue Squad, requested the Board allow him an opportunity to meet with the committee studying dispatching of rescue squads before the Board makes its decision. 5 y Rebecca Sabino spoke in favor of the. nomination of Ragged Island Creek as an exceptional .waterway. She requested the .Board deny the Special Use Permit for the Eagle Harbor development. Bill Hayes speaking on the issue. of dispatching of .rescue squads, requested the Board consider that the Sheriffs ORice already has two (2) radios (dispatch consoles) and Chief Marshall has only one (1). He requested the Board look into the, cost feasibility of adding a new radio at the Smithfield Police Department. Grace Keen requested Chairman Bradshaw be .present at the tree planting on October 14~' at 10:00 a.m. in Carrsville; Supervisor Bradby be present on October 21 S` at 10:00 a.m. at Hardy Elementary. School; Supervisor Claud be present. on October 28th at 10:00 a.m. at the Windsor Elementary School; and Supervisor Clark be present on November 4~' at 10:00 a.m. at the Carrollton Elementary School. // Chairman Bradshaw called for the Community Development report Chairman .:Bradshaw called for consideration of the Jamestown/Camptown CDBG Community Improvement Grant -New Housing. Production. County Attorney Crook .advised he has reviewed and made. the necessary changes to the Agreement and he recommends it to the Board for approval. Supervisor Clark moved the Board approve the Agreement and authorize the County Administrator to sign it on behalf of the County. The motion was adopted .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw presented the pre-contract requirements for the flood reclamation project. County Attorney Crook advised he recommends as to form the certification and plan. Supervisor Claud moved the Board adopt the Fair Housing Certification and the Residential Anti-Displacement and Relocation Plan and authorize the County Administrator to sign it on behalf of the County. The motion was. adopted with Supervisors. MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. i~ 6 each 19.,;~-~~~ Mr. Hartley distributed a request to begin spending .funds in anticipation of approval of an urgent needs grant. He requested the Board authorize the County Administrator to sign the contract subject to staff's feeling that the grant is forthcoming based on today's contract negotiations. Responding to Supervisor MacManus' inquiry if the County Attorney has had the opportunity to review the matter, County Attorney Crook advised that he has. not, reviewed the matter.. Supervisor MacManus moved the Board authorize the County Administrator to sign the contract subject. to staffs feeling that the grant is forthcoming based on today's contract negotiations and that such motion. is contingent upon the review and recommendation of the County Attorney and staff' The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Supervisor .Bradby noted the County received a grant for $51,000 to make certain improvements at Tylers Beach Boat Harbor. He noted the grant was contingent~upon matching funds and technical assistance from the Army Corps of Engineers. Mr. Hartley advised the County has been advised by the Army Corps of Engineers that there are no funds and the technical assistance is not available to the County as previously thought. Supervisor Bradby noted that the. loading dock is becoming hazardous to the public.. He further noted if the. dock has to be closed down to the public, this would create a hardship for the watermen utilizing the facility. Chairman Bradshaw requested that Supervisor Bradby, the County .Administrator and the Director of Planning and Zoning, in conjunction with DCR, make a recommendation to the Board concerning its .deteriorating condition and funding options .for its improvement. // Chairman Bradshaw called for the Public Utilities report E. Wayne Rountree, P.E., Director of Public Utilities, provided the Board with a status report of fluoride exemptions. He noted the State Health Department has. been mandated by the EPA to wend expiration dates on the fluoride exemptions issued in the early 1980s. He stated the ramification that will have on the County and. the various private water systems in the County could be significant. He advised there are fiffiy-nine (59) community. .water systems in the County, of which the County owns eighteen (18). He fated of the fifty-nine (59) systems, .twenty-two (22) will be in violation of the fluoride standard. He stated of these twenty-two (22), seven (7) of the 7 County systems are affected. He stated. the Health Department .is requiring .that any system that. is over four (4) parts per million must .come into. compliance and bring their fluoride down below two (2) parts per million: He provided the ,Board with general options for .how the County might. comply with the fluoride standard on the seven (7) .systems. He advised that all systems out of compliance will be issued a notice of violation by the Health Department and the Health Department will begin meeting with the owners of these systems trying to negotiate compliance consent orders assisting with determining how compliance might be accomplished. Chairman Bradshaw suggested Mr. Rountree begin discussions with the Western Tidewater Water Authority and the surrounding localities. Supervisor MacManus .requested additional background information, i.e., a copy of the August 9, 20001etter explaining what a violation's impact to the County would be in the form of fines. He further requested that Mr. Rountree. place this matter on the agenda as a regular report and that this information be placed on the County's web site. J/ Chairman Bradshaw called for the Economic Development report: There was no report offered for discussion. // Chairman Bradshaw called for the Parks and Recreation report Alan S. Nogiec, Director of Parks and Recreation, addressed the issue of the conversion of the Camptown park property due to construction of the Route 260 Connector.. He noted staff has made a suggestion to VDOT for the conversion of such property. He recommended the Board authorize the request for the conversion. Supervisor Claud moved the Board authorize the County Administrator to make a formal request to VDCR for their approval of this conversion of property, if VDOT accepts the condition of the screening. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. .Chairman Bradshaw requested that the Director of Parks and Recreation coordinate with. the .Director of Public Utilities on .the sewer system. // C 8 Chairman Bradshaw called for the County Administrator's report. 1 1 Richard O. Childress, Director of Emergency Management, referenced the report contained in the agenda pertaining to the Central Dispatch Committee. He noted the report contained the recommendation from the Fire and Rescue Association, the resolution from the Town of Smithfield and the minutes containing the recommendation of the Town of Windsor.- He noted the Fire and Rescue Association recommended that the Smithfield dispatch center be supplemented with personnel and equipment. He noted the resolution from the Town of Smithfield :recommended supplementing Town of Smithfield dispatching .with. personnel and equipment. He noted the Town of Windsor recommended the County. move towards central ..dispatching. He stated ~ the Committee recommends supplementing the Sheriff's Department with. personnel and making adjustments to get the second console operational... He stated the Central Dispatch Committee recommended continued meetings to plan for afull-centralized dispatching concept. He stated the anticipated cost for moving to a fully centralized dispatch facility with adequate personnel, upgraded equipment is anticipated to be between 5 (five) million and. 7 (seven) million dollars. He stated included in each of the recommendations are suggestions for raising revenue to help. pay for the cost of running the 911 center.. Chairman Bradshaw pointed out that the membership of the Isle of Wight Rescue Squad voted against moving the medical dispatch out of the Town of Smithfield to the Sheriff's Office. He also noted the Fire and Rescue Association voted the same way. Sheriff Charles W. Phelps advised that once the Sheriff's Office is eliminated from the dispatching system, compensation funds are eliminated. He noted that as long as the proposed five (5) dispatching .positions stay under the control of the .Sheriff's Office, then the funding is available. He noted that this recommendation avoids additional cost of installing an additional console in Smithfield and if the County employs four (4) individuals to work in Smithfield then the County would still only have one (1) person answering the 911 calls at the Sheriff's Office. Supervisor Clark noted he needed additional. time to review the matter as he has not had the opportunity to speak-with certain individuals on the issue. fl Supervisor MacManus noted that he has had the. opportunity to speak with the Chief of Police and the Town Manager of Smithfield who support` the Committee's decision to move the central dispatch. of the EMT services to the Sheriff's Office. He stated the County needs to move forward as quick as possible to get some type of .central dispatch in place and not everyone is going to be happy with the outcome. He stated that while the Town of Smithfield originally .adopted a resolution to bring the dispatchers into their offices, the .Town has reversed its position and supports the 9 Committee's decision. He stated he is. willing to support the. Committee's recommendation for ashort-term fix. Chairman Bradshaw. stated that while a resolution to thin problem is needed as soon as possible, his concern is with long-term. with the County and right now he can`t see what can be done on the long-term. Supervisor MacManus stated.. the County does not have very good ;~ numbers at this point from the Committee as to long-term options and the County does need along-term. vision that is clearer than what was provided by the Committee. He suggested an outside .consultant that could provide the County with a better vision with true cost estimates is what the Board needs to move forward. He suggested the Board move forward for the short- term and consider the hiring of such. a consultant to take the Committee's report and provide the Board with a clearer vision. Supervisor Claud stated the plan of the Board is to move in the direction of centralized dispatching and he sees this as a phase way to accomplish this. He stated he agrees with. moving the dispatchers to the Sheriffs Office and leave it under the Sheriff because it makes sense for them. all to be under one level of supervision: He .stated. he is supportive of moving on in the short-term, but the Board needs a clearer picture of the long-term solution, i.e., how long it will take to get there and what. are the alternatives for. paying. for it. He asked the Committee to look at the. additional expense of having the Smithfield Fire Department come into the dispatch center, as well as all of the other emergency services in the County so that they would all be in one (1) place. Supervisor Clark stated the Fire and- Rescue Association opposes the recommendation for some reason and when the Board met with the Association, the Board noted it would do everything it could to back the Association and if the Board votes on this without hearing from the Association when. the Association has .gone on record as opposing. the recommendation, he believes it would be more credible in the Association's eyes if the Board at least lets their representative address the Board. Supervisor. MacManus stated the Board does want to keep up a positive relationship with .the Association and. he would be in favor if the Board deferred action on the matter. Supervisor Claud commended-the Committee for reaching a consensus on what is best for the County: Supervisor Bradby requested .staff to elaborate at the Board's next meeting on the .advantages that this system would offer in comparison to .what the County presently has. 10 r% Chairman Bradshaw stated the dispatchers would be reporting to Mr. Childress, however, the day-to-day operations would be under the direction of the Sheriffs Office. n Mr. Childress stated for day-to-day scheduling the employees would be directed by the Sheriff's Office. Chairman Bradshaw requested this. be written and signed by each. member of the Committee, including the Sheriff, the Smithfield Chief of Police,. the Smithfield Town Manager and the Windsor Town Manager, that this is a short-term approach and that once the dispatching is over that those employees will be moved along with the dispatch employee to the central dispatching office. He requested this. be accomplished within the next meeting so that he has a thorough understanding of what is being done. Supervisor Clark moved the Board .direct the Director of Emergency Management to present this matter to the Board. at its October 19, 2000 meeting for action at .that time. The motion was adopted with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.- J 1 Chairman Bradshaw moved that the proposal. be represented to the Fire and Rescue Association for its consideration and that their recommendations will be presented. at the same time Mr. Childress brings the matter back to the Board, .The members of the committee are directed to look at the additional expense of making- changes so that .the Smithfield Fire Department may become a part of a central dispatch operation and draft an agreement on what this plan is detailing regarding the dispatchers and who they are reporting to and that these employees will be .transferred to the central .dispatch operation and that all. committee members will sign the statement of agreement- which will be presented. to the Board. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion (4-1) and Supervisor Claud voting against the motion. Supervisor Claud .suggested adding the word "maybe" .rather than "will be" because the Board does not know how the long-range will work. Supervisor Claud noted he was in agreement with the centralized dispatch, but that he did want to get the County in a situation that needs to get out of ..six (6) months down the road. Chairman Bradshaw indicated his motion stands as stated. County Administrator Caskey presented a Resolution to Appropriate $1,103,212 From the Unappropriated Fund Balance of the General Fund to the Isle of Wight County. School Construction .Fund for the Board's consideration. Supervisor Claud moved the Board adopt the following resolution; 11 ~I r RESOLUTION TO APPROPRIATE ONE MILLION ONE HUNDRED THREE THOUSAND TWO HUNDRED TWELVE DOLLARS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE ISLE OF WIGHT COUNTY SCHOOL CONSTRUCTION FUND WHEREAS, during the 1999-00 budget year, the Isle of Wight County Schools did not expend all budgeted funds allocated for the renovation of the Windsor Middle Satellite School; and, WHEREAS, the balance of the remaining funds in the amount of one million one hundred three thousand .two hundred twelve dollars ($1,103,212) has been approved for. appropriation from the unappropriated fund balance of the General Fund for the completion of the renovation of the Windsor Middle Satellite School in the 2000-01 Capital. Budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia. that one million one hundred three thousand two .hundred twelve dollars ($1,103,212) from the .Unappropriated Fund Balance of the General Fund be .appropriated to the 2000-01 School Construction Fund ofthe County of Isle of Wight, R 1 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 resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Anne F. Seward, Director of Budget and Finance, presented a Resolution to Accept and Appropriate Funding From the Virginia Department of Emergency Services for the .Board's consideration. She noted that the $35,000 appropriation is not necessary as this amount has already been obligated under another grant. She recommended the Board approve the accept and appropriate resolution, but the request is also for $35,000 from the contingency fund, which is not necessary. Supervisor MacManus moved the Board adopt the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF EMERGENCY SERVICES i~ 12 WHEREAS, citizens of the County of Isle of Wight, Virginia were devastated by the effects of Hurricane Floyd; and, WHEREAS, the County has been awarded funding in the amount of six hundred fifty nine thousand nine hundred eighty one dollars ($659,981) by the Virginia Department of Emergency Services; and, WHEREAS, said funding needs to be appropriated to the FY2000- 2001 Operating Budget for Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia accept and appropriate funding in the amount of six hundred fifty nine thousand nine hundred eighty one dollars ($659,981), or as -much as shall be received from . the Virginia Department of Emergency Services to the appropriate line item in the 2000-2001 budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight. is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Childress presented a Resolution to Submit an Application for Fund to Provide Fire Training and Equipment and to Accept and Appropriate Grant Programs Funds From the Commonwealth of Virginia Department of Fire Programs for the Board's consideration. County Attorney Crook stated he would review the grant during the meeting and that the Board could approve it contingent upon his approval as to form. Supervisor MacManus moved the Board adopt the following resolution and approve the mini-grant subject to the review and approval of .the County Attorney as to form: RESOLUTION TO SUBMIT AN APPLICATION FOR FUNDS TO ,PROVIDE, FIRE. TRAINING AND EQUIPMENT AND TO ACCEPT AND APPROPRIATE GRANT PROGRAM FUNDS FROM THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF FIRE PROGRAMS WHEREAS, the ,Board. of Supervisors of the County of Isle of Wight, Virginia has approved the grant application to the Commonwealth of Virginia, Fire Services Board for the mini-grant funds; and, 13 B~~N WHEREAS, the funds in the amount-often thousand dollars and no cents ($10,000.00) need to be appropriated to the appropriate line item in the FY 2000-01 Operating 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 ten thousand dollars and no cents ($10,000.00) be appropriated to the appropriate line item in the 2000-01 Operating Budget of the County of Isle of Wight. 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 resolution effect. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud. voting in favor of the emotion (5-0) and no Supervisors voting against the motion. Mr. Childress presented a Resolution to Adopt the Commonwealth of Virginia Statewide Mutual Aid Agreement for the Board's consideration. He noted the County Attorney has reviewed it and recommends approval. [~ .~ Supervisor Clark moved the Board adopt the following resolution: RESOLUTION TO ADOPT THE COMMONWEALTH OF VIRGINIA STATEWIDE MUTUAL AID AGREEMENT WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, as amended, (Title 44, Chapter 3.2 of the Virginia Code) authorizes the Commonwealth and its. political subdivisions to provide emergency aid and assistance in the event of a major disaster; and WHEREAS, the statutes also authorize the State Emergency Operations Center to coordinate the provision. of any equipment, .services, or facilities owned or organized by the Commonwealth or its political subdivisions for use in .the affected area .upon request of the duly constituted authority of the area; and WHEREAS, this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual aid in accordance with Title 44, Chapter 3.2 of the Code of Virginia among. political subdivisions, other authorized entities and officers within the Commonwealth; NOW, THEREFORE, the Board of Supervisors of Isle of Wight. County resolves that Isle of Wight County shall have the authority to participate in Statewide. Mutual Aid in the event of emergency or disaster in .accordance with the following terms and conditions, which shall be in 14 1 the nature of a compact and agreement among participating entities which have adopted similar executive orders, ordinances or resolutions. This Statewide Mutual Aid program may include requests .for and provision of personnel, equipment, materials, and other forms of assistance, or any combination of assistance,. to -any entity within the Commonwealth, pursuant to the following terms and conditions: SECTION 1. DEFINITIONS A. "EVENT AGREEMENT" -= a contract between two member political subdivisions entered into at the time of emergency in which the Assisting Party agrees to provide specified resources to the Requesting Party under the terms and conditions specified in the Agreement. B. "REQUESTING PARTY" -- the member political subdivision requesting aid in the event of an emergency or disaster and participating in the Statewide- Mutual Aid Program pursuant to the terms and conditions of this Resolution. 1 C. "ASSISTING PARTY" -- the member political subdivision furnishing equipment, services and/or manpower to the Requesting Party, and participating in the -Statewide Mutual Aid Program ("the Program") pursuant to terms consistent with those in this Resolution. D. "AUTHORIZED .REPRESENTATIVE" -- an officer or employee of a member political subdivision authorized in writing by that entity. to request, offer, or provide assistance under the terms of this Resolution. E. "DEPARTMENT" -the Department of Emergency Management. F. "EMERGENCY" -- any occurrence, or threat thereof, whether natural, or caused by man, in war or in peace,. which results or may result in substantial injury or harm to the population, substantial damage to or loss of property, or substantial harm to the environment. G. "DISASTER" -- any natural, technological, or civil emergency that causes damage of sufficient severity. and magnitude to result in a declaration of a state of .emergency by the Governor or the President of the United States: H. "IMPLEMENTATION .GUIDEBOOK" -- .Guidance. document promulgated by the. Department to assist member political subdivisions with. Statewide mutual aid activities, to .provide .procedures and minimum standards for participation, and to provide for compliance with state and federal reimbursement requirements.. 15 I. "MAJOR DISASTER" -- a disaster which is likely. to clearly exceed local capabilities and require a broad range of state and federal assistance. J. "MEMBER POLITICAL SUBDIVISION" -- any political subdivision or authorized officer or agency within the Commonwealth of Virginia which maintains its own emergency services organization and plan and which enacts an ordinance or resolution or promulgates an executive order with terms substantially similar to those set out in this Resolution, authorizing Statewide mutual aid pursuant to Title 44 of the Virginia Code. K, "STATE EOC" -- the .Virginia Emergency Operations Center from which assistance to localities is coordinated when local emergency. response and recovery resources -are overwhelmed. This .facility is operated by the Virginia Department of Emergency Management. SECTION 2. PROCEDURES FOR PROVISION OF MUTUAL AID When a member political subdivision either becomes affected by, or is under imminent threat. of an emergency or disaster and, as a result, has ofFicially declared an emergency, it may request emergency-related mutual aid. assistance by: (1) submitting a Request for Assistance to an Assisting Party or to the State EOC, or (2) orally communicating a request for mutual aid assistance to an Assisting .Party or to the State EOC, followed assoon - as practicable by written confirmation of the request. Mutual aid shall not be requested by a member political subdivision unless resources available within the stricken area are deemed to be inadequate. All requests for mutual aid must be transmitted by the Authorized Representative of the member political subdivision or ;the .Director of Emergency Management. No memberpolitical subdivision shall. be required to provide mutual aid unless it determines that it has sufficient resources to do so. A. REQUESTS .DIRECTLY TO ASSISTING PARTY: The Requesting Party may directly contact the Authorized Representative of the Assisting Party and provide the .information in the Request Form prescribed in the SMA Implementation Guidebook. Each Assisting Party must communicate directly with the Requesting Party in order to execute an Event Agreement. The Requesting Party shall be responsible for keeping the State EOC advised of the status of mutual aid. activities. B. REQUESTS ROUTED THROUGH, OR ORIGINATING FROM. THE STATE EOC: The Requesting Party may directly contact the State EOC, in which case it shall provide .the information in the Request Form in the SMA Implementation Guidebook. The State EOC may then. contact .other member political subdivisions on behalf of the Requesting Party.. .Once identified, each Assisting Party. must 16 . ~, communicate directly .with the Requesting Party in order to execute an Event Agreement. C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY . TO RENDER ASSISTANCE: When contacted by a Requesting Party, or by the State EOC on behalf of a Requesting Party, the Authorized Representative of any member political subdivision agrees to assess local resources to .determine available personnel, equipment and other assistance. D. SUPERVISION AND CONTROL: When providing assistance under the terms of this Agreement, the personnel, equipment, and- resources of any Assisting Party will be under. the operational control of the Requesting Party, which shall advise supervisory personnel of the Assisting Party of work tasks, for assignment to personnel. Direct supervision and control of personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. The designated supervisory personnel of the' Assisting Party shall: maintain daily personnel time records, material records, and a log of equipment hours; be responsible for the operation and maintenance of the equipment and other. resources furnished by the Assisting Party;. and shall report work progress to the Requesting Party: The Assisting .Party's personnel and other. resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable notice to the Requesting Party. At least twenty-four hour advance notification of intent to withdraw personnel or resources shall be provided to the Requesting Party unless such notice is not practicable, in which case such notice as is reasonable shall be provided. E. FOOD, HOUSING, AND SELF-SUFFICIENCY: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility of providing food and housing for the personnel of the Assisting Party from the time of their arrival at the designated location to the time of their departure. However, Assisting Party personnel and equipment should be, to the greatest. extent possible, self-sufficient while working in the emergency or disaster area. The Requesting -Party may specify only self-sufficient personnel and resources in its request for assistance. F. COMMUNICATIONS: Unless specifically .instructed otherwise, the Requesting .Party shall :have the responsibility for coordinating communications between the personnel of the Assisting Party and the Requesting Party. Assisting Party. personnel should be prepared to furnish communications equipment sufficient to maintain ..communications among their respective operating units.. G. RIGHTS AND PRIVILEGES: Whenever the officials, .employees and volunteers of the Assisting :Party are rendering aid pursuant to this Agreement, such employees shall have the powers, duties, rights, 17 Boor, 1~ •r:~:r450 privileges,. and immunities, and shall receive the compensation,.. incidental to their employment or position. H. TERM OF DEPLOYMENT: The initial duration of a ,request for assistance is normally seven days and may be extended,. if necessary, in seven day increments. However, the duration may be shorter or longer as reflected in the Event Agreement. I. SUMMARY REPORT: Within ten days of the return of all personnel deployed under SMA, the Requesting Party will prepare. a Summary Report of the. event, and provide copies to each Assisting Party and to the Department. The Report shall be in a format prescribed by the Department and shall include a chronology of events and description of personnel, equipment and materials provided by one party to the other. SECTION 3. REI__MBURSABLE EXPENSES The terms and. conditions governing reimbursement for any assistance provided pursuant to this Resolution shall be in .accordance with the following provisions, unless otherwise agreed upon. by the. Requesting and Assisting Parties and specified in the Event Agreement. A. PERSONNEL: During the period of assistance, the Assisting Party shall continue to pay its employees according to its then prevailing ordinances, rules, and regulations. The. Requesting Party shall reimburse the Assisting Party for. all direct and indirect payroll costs and expenses (including travel expenses, benefits, workers' compensation claims and expenses) incurred during the .period of assistance, unless agreed to otherwise by the parties in the. Event Agreement. B. EQUIPMENT: The Assisting Party shall be reimbursed by the Requesting Party for the use of its equipment during the .period of assistance according to either apre-established local or state hourly rate or according to the actual replacement, operation, and maintenance expenses incurred.. For those instances in .which some costs may be reimbursed. by the Federal .Emergency Management Agency, the eligible direct costs shall be determined in accordance with 44 CFR 206.228, or other regulations in effect at the time of the.. disaster. -Each Party shall maintain its own equipment in safe and operational condition. At the request of the Assisting Party, fuels, miscellaneous supplies, and minor repairs may be provided by the Requesting Party, if practical If the equipment charges are based on apre-established local or state hourly rate,. then these charges to the Requesting Party shall be reduced by the total value of the fuels, supplies, and repairs furnished by the Requesting Party and by the amount of any insurance proceeds received. by the Assisting Party. 1 ~, ~, ._.J 1 18 Bohr, ' ~ ~ •..:'~~1 C. MATERIALS AND SUPPLIES: The Assisting Party shall be reimbursed for all materials and supplies furnished by it and used or damaged during the period of assistance, except for the costs of equipment, fuel and maintenance materials, labor and supplies, which shall be included in the equipment rate :established above, unless such damage is caused by gross negligence, or willful and wanton misconduct of the Assisting Party's personnel. The measure of .reimbursement. shall be .determined in accordance with 44 CFR 206.228 or other regulations in effect at the time of .the disaster.. In the alternative, the Parties may .agree that the Requesting Party will replace,. with like kind and quality as determined by the Assisting Party, the materials and supplies used or damaged. ~If .such an agreement is made, it shall be reduced~to writing and transmitted to the Department. D. RECORD KEEPING:. The Assisting Party shall maintain records and submit invoices for reimbursement by the Requesting Party in accordance with existing policies and practices. Requesting Party and Department finance personnel shall provide information, directions, and assistance for record. keeping to Assisting .Party personnel. Later, Department personnel will provide assistance to the Requesting Party in seeking federal/state reimbursement. 1 E. PAYMENT: Unless otherwise mutually agreed, the Assisting Party shall bill the Requesting Party .for all reimbursable expenses with an itemized statement as soon as practicable after the expenses are incurred, but not later than sixty (60) days following the period- of assistance, unless the deadline for identifying damage is extended in accordance with applicable federal or State regulations. The Requesting Party shall pay the bill, or advise of any disputed items, not later than sixty (60) days following receipt of the statement, unless otherwise agreed upon. F. WAIVER OF REIMBURSEMENT: A member political subdivision. may assume or donate, in whole or in part, the costs associated with any loss, damage, expense or use of personnel, equipment and resources provided. SECTION 4. INSURANCE A. WORKERS' COMPENSATION COVERAGE: Each member political subdivision shall be responsible for its own actions and those of its employees and is responsible for complying with the Virginia Workers' Compensation Act. 1 B. AUTOMOBILE LIABILITY COVERAGE: Each member political. subdivision shall be responsible .for its. own actions and is responsible for complying with the Virginia motor vehicle financial responsibility laws. Member political subdivisions agree to obtain automobile liability coverage with a limit. of at least $1,000,000 combined single " limit and coverage for owned, non-owned, and hired vehicles. It is 19 *. 80~~ ~±~ rN:.452 understood .that the local government .may include in -the emergency response volunteer companies that have motor .vehicles titled in the name of the volunteer company. It is the responsibility of each member political subdivision to determine if the volunteer company has automobile liability coverage as outlined. in this section. C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT LIABILITY: To the extent permitted by law. and without waiving sovereign immunity, each .member political subdivision shall be responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising out of or in any way .connected with its own actions, and the actions ofits personnel in providing mutual aid assistance rendered or performed' pursuant to the terms and conditions of this Resolution. Each member political subdivision agrees to obtain general liability, public officials liability and law enforcement.liability, if applicable, with minimum single limits of no less than one million dollars. SECTION 5. ROLE OF THE DEPARTMENT OF EMERGENCY MANAGEMENT The Department shall, during normal operations, provide staff support to political subdivisions, officers and authorized agencies, serve. as the central depository for agreements, resolutions, ordinances and ..executive orders, maintain a current listing of member political subdivisions, and provide. a copy of this listing to each on an annual basis. The -State EOC shall, during emergency operations, (1) request mutual aid on behalf of a member political subdivision, under the circumstances identified- in this Agreement, (2) keep a record of all Requests for Assistance and Acknowledgments, {3) report on the status of ongoing emergency or disaster-related mutual aid as appropriate, and assist participants. in meeting all procedural and other requirements, including those pertaining to federal and statecost reimbursement. SECTION 6. SEVERABILITY AND THE EFFECT ON OTHER RESOLUTIONS Should any portion, .section, or .subsection of this Resolution be held to be invalid by a court of competent jurisdiction, that .fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions of this Resolution shall remain in full -force and effect without regard to the section, portion, or subsection or power invalidated. In the event that any parties to this Resolution have entered into other.mutual aid agreements, those parties agree that said agreement will remain in effect unless they conflict in principle with this Resolution in which case they are superseded by this Resolution. In the event that two or more parties to this Resolution have not entered into another agreement, and. the parties wish 1 1 r- 20 90~~ ~ 1~ .,;•:453 to engage in mutual aid, then the teams and conditions of this Resolution shall apply between those parties. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in .favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw presented an Amendment to the Agreement between. the County and the Virginia Department of Health. He noted the County Attorney has reviewed the amendment and recommends the Board's approval. Supervisor Claud moved the Board adopt the Amendment to .the County and the Virginia Department of Health. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw presented an agreement for FY01 Senior Services of Southeastern Virginia. He noted that the County Attorney. has reviewed the agreement and. recommends the Board's approval. 1 Supervisor MacManus moved the Board adopt and authorize the County Administrator to sign the FY2001 Amendment to the Senior Services of Southeastern Virginia Agreement. The motion was adopted with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Bradshaw presented a request for closure of certain streets for the Windsor High School Homecoming Parade. Supervisor Claud moved. the Board approve the request of Windsor High School to close. North Court- Street, A Street, Duke Street and Church Street for one (1) one hour on October. 6, 2000 for its Homecoming Parade. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Robertson .updated the Board on mosquito testing and trapping in the County. He noted the testing. is ongoing, however, most of the. mosquitoes are being trapped in the County. He stated` that none of the mosquitoes caught tested positive for any type of viral infection. He noted additional testing is necessary .and. the Health Department has offered to address the Board on this matter in the future should the Board desire. Supervisor Clark requested that Mr. Robertson place this information on the web site for public perusal 21 e~~~ 19 ,~:~~54 Mr. Robertson presented the County's proposed 2001 legislative priorities list for the Board's consideration. He noted he anticipates the Income Distribution to be a major topic of discussion at the VACo conference. County Administrator Caskey distributed copies of VACo's draft FY01 legislative. program and policy statement which was received this week. Chairman Bradshaw requested Mr. Robertson include as an item in the agenda a list of specific issues at the. Board's. first meeting in November so that the Board can review and narrow down the issues. Supervisor MacManus moved .that the .Board .direct the Assistant County Administrator to contact the School Board and Social Services and request that their proposals be bought to the Board for inclusion in the County's proposals... The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey recommended the. Board designate a voting. delegate for VACo's annual meeting. Chairman Bradshaw moved the Board designate Supervisor Claud as a voting delegate and .Supervisor MacManus as an alternate delegate. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, .Clark and .Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey requested the Board consider a date for its Retreat.. Supervisor MacManus moved that the Board hold its retreat in January of 2001 at the Smithfield Center and that staff bring back a proposed agenda in November 2000 with a major emphasis on planning. . County Administrator Caskey requested the Board members to provide him with a listing of major issues they wished to make a part of the. Retreat agenda. Mr. Robertson presented a request from the Carrsville Volunteer Fire Department requesting that the Sheriff's DARE van be transferred to them for their use. Supervisor Claud moved that the Board direct the Director of Budget and Finance bring back an appropriate resolution transferring. the DARE van to the. Carrsville Volunteer Fire Department. The resolution. is to be placed under. the Consent Agenda.. .The motion was adopted with Supervisors. 22 MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey notified the Board that the School Board are declaring certain modular units as surplus. He requested the Board's permission to examine the units for possible use by the County at the Courthouse. Supervisor Claud -moved the Board authorize the County Administrator to examine the units to determine if the County has a need for one (1) unit to be placed on the. Courthouse complex. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Casket' requested the Board members to advise his office if they. do not receive their registration confirmations for the VACo Conference. County Administrator Caskey noted two (2) County .informational brochures would be mailed out in the October, 2000 tax bills. // Chairman Bradshaw called for the County Attorney's report. County Attorney Crook noted he forwarded earlier to the Board members a copy of the Cash Proffer Policy Resolution for their review. He requested the Board authorize him to advertise it for public hearing: Supervisor MacManus moved the Board authorize the County Attorney to advertise the resolution for public hearing. The motion was. adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion.: County Attorney Crook distributed a copy of an agreement. between the County and the. selected consulting firm for the Hotel Feasibility Study. He stated the Scope of Work is what was asked for in the RFP and the contract was negotiated. for a fixed lump sum fee of $27,500. He recommended the Board approve the agreement. Supervisor MacManus moved the Board. approve the agreement between the County and the selected consulting firm for the Hotel Feasibility Study in the amount of $27,500. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 23 County. Attorney. Crook stated he and the County Administrator met and discussed the matter of redistricting. He advised that the schedule that follows 1991 would be that the County would receive the census data in January and February of 2001. He stated by April of 2001, the plan for the Board should be approved. He asked if the Board wished to have a committee of citizens involved in the redistricting process and, if so, to appoint the citizen committee to work with staff in this regard. Chairman Bradshaw noted he liked the idea of having a citizens committee and he would like for the Registrar or a representative from the Electoral Board be involved inthe process. Supervisor Claud suggested that the Board appoint a committee at its first meeting in November to become familiar with. the process and review the options. He stated two (2) members from. each of the five (5) districts is fair. Supervisor MacManus noted he could support two (2) representatives from each district. Supervisor Clark stated his proposal was two (2) representatives from the Newport District and two (2) from the Smithfield and one (1) from each of the other districts. He noted the smaller the size of the group, the easier it ..will be for the group to meet. Chairman Bradshaw recommended proceeding with setting up a committee and a charter on what the Board wants the Committee to do. Chairman Bradshaw. moved the Board direct the County Attorney and County Administrator to report to the Board at .its November 2, 2000 meeting on a proposed draft of a charter or mission statement for the appointment of a citizens committee to review redistricting in the County. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor of the motion (5-0) and no Supervisors. voting against the motion. County Attorney Crook noted he had several matters for closed session later in the meeting. // Chairman Bradshaw called for Old Business. Chairman Bradby called for consideration of the nomination of Ragged Island Creek as an exceptional waterway. Supervisor MacManus moved the Board table consideration of the matter until the Board's October 19, 2000 meeting in order. to arrange for a 24 ft 90~n. ~:J r;:::~~37 presentation by DEQ staff. The motion .was adopted .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud .voting in favor of the motion (5-0) and no Supervisors voting against the motion. Following inquiry from Supervisor MacManus, County Attorney Crook advised that he has not received the deed for Yellow Rock Road, but that he would follow-up with another letter to the attorney for the landowner. Following an inquiry from Supervisor MacManus regarding the status of the Video Teleconferencing Block Grant, Mr. Robertson .advised the Board that. staff has. submitted the necessary information to the State and representatives from the State need to perform a site visit. Following an inquiry from Supervisor MacManus on the status of the engineering services ordinance. amendment, .County Attorney Crook advised that the zoning ordinance amendment is being advertised for public hearing. by the Planning Commission in November. Following a request from Supervisor MacManus for copies of the Development Service Districts maps, Mr. Hartley advised that copies would be provided to the Board. Mr. Hartley further noted he would provide the Board with copies of the draft Comprehensive Plan by the end of next week. Supervisor Claud reported that the Telephone Committee had met with representatives of Verizon several weeks ago and discussed proposed plans effective the end of June, 2001. He noted additional data would be forthcoming from Verizon with a mailing to all customers in the various telephone exchanges. Following a request .from Supervisor .Claud that: the application for Windsor Woods needs to be heard by the Planning Commission by December of 2000 due to proposed annexation, Mr. Hartley advised that the matter would be considered at the Planning. Commission's meeting in November, 2000. 1 Following a request by Supervisor Clark that CBLAD comment on the Water Quality Assessment for Eagle Harbor, Mr. Hartley noted he would provide the Board at its October 19, 2000 meeting a package of information as to the status in terms of proffered conditions, what the County has approved thus far (and not approved), what has been submitted in terms of .development proposals. for this project. // Chairman Bradshaw called for New Business. Supervisor Claud noted that with the problem the County has been experiencing with houses. being built on lots that did not conform with the 25 BOAR 1:J ~„::r~~0 site plan and within the RPAs, he has requested the County Administrator develop a method by which the County can ensure-that residential properties are. developed in compliance with site plans and the Chesapeake Bay Preservation Act before it is completed. In response to a number of citizens concerns about noise and the wakes of boats on Jones Creek, particularly from the Jones Creek Landing down to the Rescue Bridge, Supervisor Clark moved the Board direct staff to provide the. Board. with the history of the previous "No Wake Zone" which was rescinded and that the County Attorney prepare an amendment for public hearing by the Board to amend the "No Wake" ordinance. to include a .distance from the current .location (1,000 feet from the Rescue Bridge) up to Jones Creek Landing. The.. motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisor voting against the motion. Supervisor Claud requested that citizens' comments be forwarded to the Board for appropriate action by the Board at following meetings. County Administrator Caskey noted that the Board is provided with an Action List following each Board meeting for review. and action, as necessary. // Chairman Bradshaw called for Appointments. Supervisor Bradby moved the Board appoint Shirley Short, replacing Laura Redlin, representing the Hardy District, on the Events Committee. The motion was adopted unanimously (S-0). Supervisor Claud moved the. Board reappoint W. L. Jones, representing the Windsor District, on the Board of Building Appeals. -The motion was adopted unanimously (S-0). // Supervisor Claud requested a closed session under Section 2.1-344 Al of the Freedom of Information Act concerning one (1) specific personnel matter involving evaluation and pay. Supervisor Clark requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning advice of counsel on acquisition of property for public purposes. County Attorney Crook requested a closed session under Section 2.1- 344 AS of the Freedom of Information Act concerning. a matter involving industrial expansion that has not been. previously publicly announced. He 26 ~. ~,,,,P 2~ -~::~ ~~9 further requested a closed. session under Section 2.1-344 A7 involving advice of counsel on potential or actual litigation and under Section 2.1-344 A7 involving two (2) matters requiring advice of .legal counsel which .are dealing with negotiations on contracts for. the County. Supervisor Bradby moved the Board enter closed session for the reasons stated. The motion was adopted .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. .Chairman Bradshaw left the meeting during closed session and did not return. Vice-Chairman Bradby presided over the meeting. Upon returning. to open session, Supervisor Claud moved the. Board adopt the following resolution: CERTIFICATION OF CLOSED :MEETING WHEREAS, the Board of Supervisors has convened a closed 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 D of the Code of Virginia requires a certification by this Board of .Supervisors that such closed 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 closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 1 ' I ABSENT DURING MEETING: o The motion. was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. Chairman Bradshaw was absent for the vote. 27 Supervisor MacManus .moved that a policy be established for the ~ _ County that if the Planning and Zoning Department has to meet with. developers that have legal representation that County staff also have legal representation at that meeting and .not to conduct meetings and phone calls where the developer has legal representation. The motion. was adopted with .Supervisors MacManus, Bradby, Clark and Claud voting in favor of the emotion (4-0) and no Supervisors voting against the motion. Supervisor Claud moved the Board support Chairman Bradshaw as a Director for VACo Region II for the next. two (2) years and that correspondence be sent to everyone in Region II requesting their support of Chairman Bradshaw as a Director for Region II. The motion .was adopted with .Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-0) and no Supervisors voting against the motion. /! . At 6:45 p.m., Supervisor Clark moved the Board adjourn. The motion was adopted unanimously (5-0). P ip A. Bradshaw, Chairman W. Dougl C key, Clerk 28