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11-16-2000 Regular Meetingf: a~~~r ~ ~ . ~~~1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF NOVEMBER 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 Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Bradshaw called the meeting to order at 5:00 p.m. The invocation was delivered by Supervisor Bradby. The Pledge of Allegiance was conducted Chairman. Bradshaw noted the meeting was being held one hour early in ,order to begin preliminary discussions on the Comprehensive Plan. Supervisor Clark moved that . at the .conclusion of the Planning. Commission's .review and the Board of Supervisors' review that joint meetings be scheduled, as necessary,. to compare notes, opinions and beliefs on the Comprehensive Plan. The meetings are to take. place after the Planning. Commission completes its review, but prior to the public hearings on the Comprehensive Plan.. Mr. Hartley is to coordinate the meetings. 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. Jonathan W. Hartley, Director of Planning and Zoning,. was requested by the Board, members to do the following: 1 Under Introduction, Chairman Bradshaw requested the County's Mission Statement be incorporated. Under Chapter 1, Page l .1 and 1.2, Chairman Bradshaw addressed regional development .trends and noted .that Surry County is now part of the Hampton .Roads. Planning District and Partnership. The third paragraph does not. mention. Surry County and data should be included as part of Table 1-1. Supervisor MacManus requested that the Eastern Virginia: Transport Study be recognized as being underway. s 80~~ ~;J ~„~~5~2 . Under Chapter 1, Page 1.5, under County .Population and Development Trends, Supervisor MacManus requested "significant" be inserted before the word "concentration" in the first line of the. bottom paragraph after the graph. On Page 1.6, Supervisor MacManus noted the first paragraph at the top of the page should recognize the Western Tidewater Water Authority.. Under Chapter 1, Page 1.3, Chairman Bradshaw noted -under "Regional Economy" it does not mention the County being involved in the Hampton Roads Economic Development Alliance. He recommended. both the Hampton Roads- Partnership and the Hampton Roads Economic- Development Alliance be included as part of this section. Under Chapter 1, Page 1.7 and 1.8, Supervisor MacManus noted there is recent demographic data that shows some of the generic age shifting trends and- a reflection of that would provide some. good information. d Under Chapter 1, Page 1.16, Supervisor MacManus noted the middle paragraph does not have an accurate description in its references to the school system. Under Development Trends, Supervisor Claud noted the figure of 7,000 seems high and he is interested in anything containing ten (10) or more residential lots. Supervisor MacManus recommended the inclusion of a map. Chairman Bradshaw requested that a map be developed showing what has been developed and the zoning. Under Chapter 1, Page 1.17, .Chairman Bradshaw. requested the word "commercial" be defined in the first paragraph, second sentence. He further requested that "Union Camp" be changed to "International Paper" in the second paragraph, next to last line. Under Chapter Two, Page 2.1, Natural Resources and - ' Environmental Quality, where it references wetlands and floodplains, Supervisor MacManus noted that in the Newport District there have been developments built where the soil was an impact on development and he would recommend that staff' note that there are .some subdivisions that have been zoned already where this comes into play (i.e., shrink-swell soils). Supervisor Clark recommended "can" be replaced with "should" in the second paragraph, third line.. On the map, #2-l, Natural Development .Constraints, Chairman Bradshaw requested that Mr. Hornbaker develop a separate visual map by district with both categories defined. Supervisor Clark requested that on Page 2,1, second paragraph, the last sentence after. the word "should", insert "at least" before the word "meet" and after the last word in the .sentence "protection" continue .with "and .where at all possible strive for maximum performance standards far environmental protection." 2 ~~~,~ 19 ~r,::523 'i ,; '~ Under .Chapter Two, Page 2.5, second paragraph, the sentence beginning with "Soils .with development limits ....." needs clarification as it seems to be contradictory. Chairman Bradshaw noted reference is made that the map for the 100 year flood plain is available. Chairman Bradshaw recommended that the 1999 flood and. the County's response to the flood of .establishing the disaster relief committee and the emergency response committee be mentioned. Under Chapter Two, Page 2.9, Table 2-2, .Supervisor MacManus requested the inaccurate figures be corrected as the Pagan River contains only five docks and piers. Under Chapter Two, Page 2.10, the last paragraph, Supervisor MacManus requested that the last two sentences which. speak to improvement of water quality be changed to reflect actual results. Under Chapter Two, Page 2.12, Supervisor MacManus requested that the last two sentences in the first paragraph be corrected to reflect recent results where it references coliform levels. 1 Under Chapter Two, Page 2.15, Supervisor Clark asked Mr. Hartley if he could find out which of .these affects Jones Creek, Carrollton Branch and Titus Creek where reference is made to "73 of these sites involve on-site sewage deficiencies." Under Chapter Two, Page 2.17, underTidal Marshes, Chairman Bradshaw requested a map be developed depicting the 5,377 acres of tidal marsh. Supervisor Clark requested additional research on regulation of non-tidal wetlands. Under Chapter Two, Page .2.19, first paragraph, Supervisor MacManus requested the sentence reflect that Blue Crabs are not abundant in the lower James, the Pagan River system and Lawnes Creek. . ~i Under Chapter Two, Page .2.25, Supervisor Bradby requested that the Tylers Beach Boat Harbor be added. Under Chapter Two, Page 2.21, under Natural Heritage Resources, Chairman Bradshaw requested a copy of the map. Under Chapter Two, Page 2.22, Supervisor MacManus noted that reference is made that natural heritage sites are in designated development service districts and he does not think they should be. Supervisor Clark requested a copy of a map illustrating .where they are located. 3 BOON ~'~ ~;,':~~?4 Under Chapter Two, Page 2.25, Table 2-4, Supervisor Bradby requested that "limited parking" ' be reconsidered for Tyler's Beach Ramp.. Und r Ch r e apte Two, Page 2,27, Supervisor Clark requested - language be included to ensure that the boat traffic is managed in an ecologically sensitive way, mainly in the smaller creeks. . Under Chapter Two, Page 2.28, .fourth bullet, Supervisor MacManus requested. background basis for why the 200 verses 300 or more foot bufi'er. . Under Chapter Two, Page .2.33, under Boat Wakes Chairman , Bradshaw noted there. are contradictions on the wake zones for boats, (i.e. _ it states boat.. wakes create erosion and another location states that it can not be proved that boat wakes do cause erosion). Also .under Boat Wakes, Supervisor Clark requested ..that the last sentence be deleted. Under Chapter Two, Page 2.37, under Setbacks, Supervisor MacManus requested that the second paragraph be deleted as it more appropriately belongs in the zoning ordinance. Under Chapter Two, Page 2.38, under Density Standards and Limits, last sentence, Supervisor MacManus requested more definition in terms of application. Under Chapter Two, Page 2.41, last paragraph, Chairman Bradshaw requested the County Administrator provide a copy to the Board. and Planning Commission. of the groundwater study report in 1996 with the City of Franklin as it relates to the issue of groundwater levels. Under Chapter Two, Page. 2.39, under Subdivision Regulations, Supervisor MacManus requested "can" be replaced with "should" on the second line. Under Deed Disclosure, replace. "can" with "should" in the first sentence. Under Chapter Two, Page 2:40, under Education, Supervisor MacManus requested "could " be replaced with "should" in the first sentence.. Under Chapter Two, .Page. 2.41, under Groundwater Resources and Protection .Issues, Supervisor- MacManus noted there is no reference to water agreements with the City of Suffolk under the Western Tidewater Water Authority. He further noted under paragraph two, the fluoride issue is not current information. Under Chapter Two, Page 2.43, fourth paragraph, fourth line,. Supervisor Claud requested that the Town of Windsor and the 4 rs ~~~~~ 1~ ~~ 525 Western Tidewater Water Authority should be added after "Franklin." 1 Supervisor MacManus requested copies of the notes be provided to the Board to ensure what was taken as notes matches what the Board is trying to state. Supervisor Claud moved the Board take a five (5) minute break before continuing with the regular meeting. The motion was adopted unanimously (5-0). /I Chairman Bradshaw called for Special Presentations. Chairman Bradshaw recognized the members of the Isle of Wight County Fair Committee. Supervisor Bradby moved the Board adopt .the following. resolution recognizing the Isle of Wight County Fair Committee: RESOLUTION TO RECOGNIZE THE ISLE OF WIGHT COUNTY FAIR COMMITTEE WHEREAS, in September, .2000, the. Isle of Wight County Fair Committee produced the seventh annual County Fair in Isle of Wight County; and, WHEREAS, the Isle of Wight County Fair Committee has shown significant determination in recreating the County Fair in the wake of Hurricanes Dennis and Floyd; and, WHEREAS, the 2000 Isle of Wight County Fair has surpassed all recent fair attendance records; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight wishes to recognize the Isle of Wight County Fair Committee for its contributions to the quality of life of the citizens of Isle. of Wight County. 1 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of-Isle of Wight recognizes and appreciates the contributions of the Isle of Wight County Fair Committee to the citizens of Isle of Wight 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. 5 +~: Chairman Bradshaw crowned Ms. Brittney Shea Cobb as Miss Isle: of Wight County Fair 2000. // Chairman Bradshaw indicated the following Consent Agenda included Items 2, A through D, and asked if there were any items for removal: A. FY2000-01 Financial Plan B. Commonwealth Transportation Alliance C. Delinquent Real Estate Tax Collection Monthly Report D. October 19, 2000 Regular Meeting Minutes Supervisor Claud moved .the Board adopt the Consent Agenda with the following amendments to the, minutes: Page 7, change"Julian" to "Julia" Page 8, after "$40 or $50 per year", add "on average per household" Page l 0, change "James Brown' ;III to James P. O'Briant Page 13, change "West" to "Willis" Page 41, change"VIM'S" to "Virginia Institute. of Marine Science (VIMS)" 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 themotion. Supervisor MacManus moved the Board move the Commonwealth Transportation Alliance item from the Consent Agenda to New Business. 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. // Chainman Bradshaw called for Transportation Matters. County :Administrator Caskey advised that the next quarterly meeting with the VDOT District Administrator is scheduled for Monday at .10:00 a.m. He requested the Board relay any concerns to him for discussion at the meeting. // .---, C] f ,. s~~-~~ ~ ~~ :::527 Chairman Bradshaw called for Citizens Comments. Pat Clark advised that a grave has been located on the Springfield Farm and that the Historical Society does not need to be involved. He .distributed pictures to the Board. of the .204-year-old grave, noting that this is not the grave Mr. Lawson had previously advised was located on the property. He advised that Mr. Lawson has agreed to help locate the other grave in that area. Thomas Finderson reported that Tony Siebert had spoken at a recent Isle of Wight Citizens :Association meeting regarding flooding in . the James River area. Mr. Finderson noted that Mr. Siebert indicated that the 1933 hurricane was at .eleven (11) feet mean sea level and .was a Class 1 hurricane. He noted that John Cash, meteorologist, advised that the County should be designing for no less than eleven (11) feet above mean flood level. // Chairman Bradshaw called .for. the Community Development report. i~ Jonathan W. Hartley, Director of Planning and Zoning, noted for the Board's information that Chairman Bradshaw had requested. staff to prepare an Action List following Planning Commission meetings for the Board's perusal. He distributed an Action List from the .Planning Commission's meeting of November 14, 2000 and indicated future lists would be forwarded to the Board within a week of the Commission meetings. Supervisor Claud requested the status. of having additional copies of the County maps produced. Mr: Hartley advised that he would have a request for funding to have additional County maps printed for the Board's consideration at its December 7, 2000 meeting. // Chairman Bradshaw called for the Public Utilities report. E: Wayne Rountree, P.E., Director of Public Utilities, referenced a report contained in the agenda on water pressure in the Gatling Point Subdivision. Mr. Rountree noted staff had previously requested.. that $25,000 be transferred in the Capital Budget from renovations of a pump station to the fluoride line item so that staff could obtain some assistance in dealing with the upcoming fluoride situation. He stated the Board requested that a copy of the RFP be supplied to the Board prior to 7 considering the transfer of the $25,000. He noted the draft RFP is included in the agenda for the Board's consideration. Supervisor MacManus moved the' Board approve the reallocation of $25,000 from sewage pumping # 10 repairs to the .fluoride study. 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 moved the Board appoint a subcommittee consisting of Supervisors MacManus and Claud to further review fluoride issues. 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 the Parks and Recreation report. Mr. Rountree, in the absence of the Director of Parks and Recreation,. stated a portion of the Camptown Park property needs to be acquired by VDOT for the construction of the Route 260 Connector. He stated staff is recommending the Board. approve the new proposal from VDOT with the condition that VDOT include a vegetative buffer between the existing park property and the proposed Route 260 alignment. He further recommended the .Board authorize the. County Administrator to make a formal request to the Virginia Department of Conservation and Recreation (VDCR) for their review of this conversion of property. Supervisor Bradby moved the Board accept the new proposal from VDOT, with the condition that VDOT include a vegetative buffer between the existing park property and the proposed Route 260 alignment. The buffer should be in the form of Leland Cypress trees planted in a formation that will provide a natural screen and will offer an aesthetic buffer between the park amenities and the roadway. 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 Clark moved the Board authorize the County Administrator to make a formal request to VDCR for their review of this conversion of property as per the imposed conditions. 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 the County Administrator's report. 1 8 .•. Jane March presented a request by the South Hampton Roads Habitat for Humanity seeking the donation of two (2) building lots in the County. Chairman Bradshaw requested staff. investigate if there are any available lots in the County and advise Ms. March accordingly. In the , meantime, County Administrator Caskey suggested Ms. March also make contact with the Town of Windsor. Sheriff C. W. Phelps .requested the Board fund a request for a Live Scan Automated Fingerprint System for use in his department. Supervisor MacManus inquired if this equipment could be utilized by the .County's school system for employee background checks and by the Smithfield. Police Department. Sheriff Phelps advised "yes." n Supervisor Bradby moved the Board fund the Sheriffs Office request.. and appropriate $10,156 plus installation of equipment. necessary for. the system. and its monthly maintenance .costs. Funding is to be appropriated from the contingency. fund. 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: Debbie J. Sivertson, Administrative Analyst, requested that the Board sponsor an individual for the 2001 Leadership Program. Supervisor Claud moved the Board allocate $750 to sponsor an individual for the 2001 Leadership Isle of Wight Program. Such individual is to be selected by-.the County Administrator. 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. Donald T. Robertson, Assistant County Administrator/Director of Human Resources, presented the issue of a proposed 2001 Legislative Priorities for the Board's consideration. 1 Chairman Bradshaw requested that transportation funding, unfunded mandates, taxing powers, growth .derived revenue system and the removal of the. cap on the E-911 tax be grouped as .financial issues. He further noted growth issues should be grouped as .well (adequate public facilities, limitations on .the use. of special exemptions, vested rights and downzoning of certain residentially zoned .properties.) He requested that the issues of the regional reporting center, vehicle decals exemption, local tobacco tax and the tax exemption for, churches be sponsored locally. 9 an~~r.. 1~ rri:!~!JO Supervisor MacManus requested local priorities be listed at the top of the list for emphasis, followed by secondary issues. // Based on the hour of 7:00 p.m., Supervisor Claud moved the Board amend the order of the. agenda in order to conduct the public hearings. The motion was adopted unanimously (5-0). Chairman Bradshaw called. for a public hearing on the following: A The application of Elsie S. Griffin for a change in zoning classification from RAC to Conditional Rural Residential of approximately five (5) acres of land.. Said property is located. at 16200 Griffin Lane, Smithfield in Hardy Magisterial District.: The purpose of the application is to create one single-family residential lot around an existing single family residence. Chairman Bradshaw called for persons to speak in favor of or in i opposition to the proposed application. Clay. Griffin requested the Board approve the change in zoning classification. .County Attorney Crook advised that the County's ordinance requires that septic lines be located on the same lot as the residence and .the Board has in the past. granted variances to this requirement, conditioned on the easement being platted, recorded and conveyed by deed with the residential lot. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of Elsie S. Griffin, with the condition as stated by the- County Attorney that the easement be .platted, .recorded and conveyed by deed with its residential lot. 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 a public hearing on the following: B. The application of Edwina R: Watson Byrum for a change in zoning classification from RAC to Rural Residential of approximately twenty (20) acres of land.. Said property is Located on the .east and west sides of Sand Pit Road at 21556 Sand Pit Road, Zuni, in Hardy Magisterial District. The purpose of the application. is to subdivide the parcel-for 10 ._ .~. 1 9~,,~ ~ 1~ ...:531 a total of two (2) single family residential lots, as conditioned. Chairman. Bradshaw called for person to speak in favor of or in opposition to the proposed application. John T. Byrum requested the Board approve the change in zoning classification for financial reasons. Chairman Bradshaw closed the public hearing and ,called for comments from the Board. Supervisor Clark inquired if proffers were associated with the application. Mr. Hartley replied- that the only proffer is dealing .with the further subdivision of the property. County Attorney Crook advised that if the Board rezones the property it should be to Conditional Rural Residential with the written proffers of the owner as a condition. Mr. Byrum indicated that is what is now being requested.. 1 Supervisor Clark noted that while he is .sympathetic to the Byrum's circumstance, he believes that with every parcel, regardless of the hardship, there needs to be a cash proffer offered because the Board must take into account the impact on the County's public facilities. t Chairman Bradshaw stated these are individuals in a hardship situation and could not control what happened during Hurricane Floyd. He noted that the `Federal Government could not respond to all individuals that were displaced to meet their needs. Supervisor Bradby moved the Board approve the application of Edwina R. Watson Byrum, Conditional Rural Residential with the proffered written condition that it can not be resubdivided. The. motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Claud. voting in favor of the motion (4-1) and Supervisor Clark voting. against the motion. C. The application of Mollie G. Turner Family Limited Partnership for a Conditional Use Permit for a mining operation (borrow pit) totaling thirty (30) acres of land located on the west side of Turner Drive (Route 644) adjacent to 14182 Turner. Drive, Smithfield, in Newport Magisterial District. Chairman Bradshaw inquired if the application had been sent to CBLAD for review and comments. *s so~~ 1~ .;.,.:f532 Mr. Hartley replied "no." Chairman Bradshaw stated based on the past direction of this Board, .all properties for rezonings in the Chesapeake Bay district are to be sent to CBLAD before coming to the Board. County Attorney Crook stated the Board can hold its .public hearing, but it may wish to hold off on its decision until it receives input from. CBLAD. .:Chairman Bradshaw stated the Board's action. covered all zonings, not just residential, and this should have been forwarded to CBLAD. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Conditional Use Permit. . Jeff Gardy, attorney, Glasscox, Gardy. & Savedge, representing the Mollie. G. Turner Family Partnership, stated the Bay Sand Company has. been operating an adjacent sand pit for seven (7) years. with no complaints issued regarding the Billy Yeoman pit by the Bay Sand Company.: He stated once the area is dug out and the pond is recreated, the pond will be used for the farming purposes and not for residential uses. Regarding the intersection, he stated there have been no accidents that are related to the operation of the existing sand pit. He stated the .Planning. Commission voted unanimously to recommend approval of ...the application. Chairman Bradshaw inquired if a traffic analysis was performed. Attorney Gardy replied "no" because it was not felt there would be an increase in trafl•ic because when the old pit is closed the new pit will be opened and it will be pretty much the same traffic. He stated there will be activity at the old pit for approximately another year while it is being closed. Thomas. Finderson, Newport District, stated the Board approved a borrow pit some months ago near Longview Acres which residents complained about. He expressed - concern with the location of the proposed pit because of its proximity to the Smithfield High School. He noted the location is in .the Northern Development Service District and he would anticipate in the future that the land from the Smithfield Shopping. Plaza to Berns Church will be .substantially developed as ~ residential properties. Attorney Gardy pointed out that land was taken from the Mollie Turner family for the Smithfield High School site. and they are requesting approval of the borrow pit now because they do want to keep the land on the other side to farm. He stated the land has been beamed and there will be no traffic coming out on the school side. He 12 ,•. ~~c~~. ~ ~.{~ ~:.; X33 stated the Turner family wishes to have an irrigational pond for fanning purposes. 1 Supervisor Clark stated he does not want the borrow pit marketed once it is emptied out and filled with water as a future mitigation site for other destroyed wetlands. He inquired if the applicants would be willing to make this a condition on the permit for the zoning change. Attorney Gardy replied "yes." Chairman Bradshaw closed the public hearing. Chairman Bradshaw noted his. concern that., the matter was not sent to CBLAD for its comments, as well as a concern that a transportation analysis has not been completed on this tract. Chairman Bradshaw moved the Board table the matter until the Board's December evening meeting and send the application io CBLAD for its review and .comments. In the meantime, a traffic impact analysis is to be prepared at the owner's expense. ,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. D. The application of Tidewater Soaring Foundation, Inc. for a Special Use, Permit to operate a glider-port. on approximately twenty-two {22) acres of land located. on the south side of Iron Mine Springs Road (Route 605) at Orbit, in Newport Magisterial District. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed application. William. E. Laine, Jr., requested the .Board approve the .application to locate a building to house gliders and offer. security and protection from the elements. Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the .application of Tidewater .Soaring Foundation, Inc. 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. E. The application of Fleetwood Garner, owner and Tidewater Soaring Foundation, Inc., prospective owner fora .change in zoning classification from RAC to Community Center of approximately one (1) acre of land. Said property is .located on the north side of Iron Mine Springs Road (Route 13 ~~~~~ ~~I fit. ~.'/ "~ti.:r~•.I i 605) at Orbit, in Newport Magisterial District. The purpose of the. application is to provide for a clubhouse. for the Tidewater Soaring Foundation, Inc. glider-port. Chairman. Bradshaw called for persons to speak in favor of or in opposition to the proposed application. William E. Laine, Jr., requested the Board approve the application to provide for a clubhouse for the Foundation. Chairman Bradshaw closed the public hearing and called. for comments from the Board. Supervisor- Clark moved the. Board approve the .application of Fleetwood Gamer. 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. F. Amendment to the 1991 Comprehensive Plan for the Isle of Wight County Bicycle and Pedestrian. Facilities Plan. Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed Amendment. Mr. Hartley presented an amendment to the current 1991 Plan for the Board's consideration. Arthur E. Berkley spoke. in favor- stating approval of the Plan _would provide ways for alternative means of transportation and support. tourism and local businesses. Lea Dempsey requested the Board approve the Plan. Jane March requested that horses be included in the trails planned for the County. Cecil Rhodes of Windsor pointed out that in the past, he has experienced problems with. some of the bikers. He stated some of the roads along the proposed bike trails will not accommodate a bike trail because the distance from the hard surface to the edge. of the ditch is in some places only 15-24 inches which presents an unsafe situation. He pointed out that there are a lot of low limit bridges along the back roads and dirt roads that are unimproved which should be addressed as priorities. .Charles Rhodes. of Suffolk expressed concerns with safety of bikers and -.motorists because of the narrowness of Everetts Road and the current speed limit. He noted .log trucks and bikers are not compatible on the same roadway. s 14 t•. ~~~,~. 1~ ;,:~ 535 Johnny Butler of Butler. Drive expressed concern with the narrowness of the road and the increased traffic. Chairman Bradshaw .closed the public hearing and called for comments from the Board. Supervisor Claud noted a concern with the secondary roads for . bicyclists that are included as potential candidates. He stated he has received calls from concerned residents who expressed concern for the safety of the bicyclist and the motorist. He noted farming equipment is getting larger which should be taken into consideration when developing the bike plans. Supervisor Bradby noted support of the Plan, but requested that staff do whatever necessary to make safety a factor. Supervisor MacManus stated at present there are many roads that bicyclists can legally use in the County and .this Plan provides she framework to make these roads safer for people that can already use them legally. He stated regarding funding, the group involved is seeking grant money so they are not. looking to County tax dollars to make these improvements for the citizens. .Chairman Bradshaw referenced a letter of support of the Plan which was distributed to the Board. Supervisor Clark inquired if the County has sovereign immunity on bike path construction. County Attorney Crook stated some bike paths would be constructed by the County and some by the State or developers. He stated he does-not know at this point if VDOT will take these paths into .the system and maintain them or if the County will have to maintain them. Supervisor Clark asked if VDOT has standards for adjacent bike paths or is there a national standard. Mr. Berkley stated there are specific construction standards regarding widths for bike lanes depending on .the class of the bike lane and where it is constructed. Chairman Bradshaw asked if the Board is giving the Committee .the authority to proceed with developing these plans. Supervisor Claud stated, as written, the Committee will evaluate it and make a decision as to whether or not it would be included and it does not come back to the Board which is his concern. 15 eo~r 19 >,:.r536 Mr. Berkley stated he did not believe this is the intent of the Committee. . Supervisor Claud noted there is nothing included in the Plan that states approval is given by anyone except the Committee. Supervisor Clark :moved the Board table, the matter and request staff, the Committee and Supervisor MacManus to address the safety and procedural concerns expressed by the Board and report back to the Board at its December 7, 2000 meeting. 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. G. An Ordinance to Amend the Chesapeake Bay Preservation Area Ordinance, Appendix B-1, of the -Isle of Wight County Code,. Article VI, Administrative Procedures, to ' Provide Fees, Public Notice and Public Hearing Requirements for Requests for Exemptions Chairman Bradshaw called for persons to speak in favor of or in opposition to the proposed ordinance. County Attorney Crook stated the Chesapeake Bay Preservation Area Ordinance has requirements that the Planning Commission has to make certain .findings and then make their recommendation to the Board. He stated that the ordinance does not require notification to the adjoining landowners, nor public hearings, and the issue came up recently and. he recommended. the Board consider an amendment to require. public hearings which also includes a notice to adjacent landowners by statute. He stated the Board also suggested an administrative fee in the amount of $200 which is the other part of the amendment. Pat Clark, speaking on behalf of the Carrollton Civic League, the Rescue Community Association and the Isle of Wight Citizens Association, noted .full support of the Ordinance with emphasis on the public hearing requirements. Chairman Bradshaw closed the public hearing and called for comments from the Board. . Supervisor Clark moved the Board adopt the following Ordinance: AN ORDINANCE TO AMEND .THE CHESAPEAKE BAY PRF,SERVATION AREA ORDINANCE, APPENDIX B-1, OF THE ISLE OF WIGHT COUNTY CODE, ARTICLE VI, ADMINISTRATIVE PROCEDURES, TO INCREASE. PENALTIES AND ADD ENFORCEMENT PROVISIONS FOR THE ZONING ADMINISTRATOR 1 16 ~~+,,~ 1 n ,:.:~ 537 1 BE, IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the Chesapeake Bay Preservation Area Ordinance adopted by. the Board of Supervisors of Isle of Wight County, Virginia, on November 15, 1990 as Appendix B-1 of the Isle of Wight County Code, Article VI, Administrative Procedures, Section 6008, be amended to read as follows: .Section. 6008. Enforcement, Violation and Penalties. I~ (a) The primary responsibility for administering and enforcing this Ordinance shall be assigned to the. Zoning. Administrator or a , duly authorized designee. The Zoning Administrator or his duly authorized designee, Planning Commission .members and Board of Supervisors members including other persons designated by the Board of Supervisors, shall have authority to conduct inspections and surveys upon the property .affected by this Ordinance to determine compliance -with this Ordinance. The Zoning Administrator shall seek criminal or civil enforcement for any provision of thin Ordinance and take any action on behalf of the County to prevent or abate any violation or potential violation of this Ordinance. The Zoning Administrator .shall render interpretations, upon written request of an interested person whose property may be affected, as to the applicability of this .Ordinance to particular uses in its application to the factual .circumstances presented. The Zoning Administrator shall design and distribute applications and forms required for this Ordinance and request information which is pertinent to the request of the approval and. shall perform such other duties as are necessary for the proper enforcement and administration of this Ordinance. (b) In addition to any other remedies in paragraph (a) above, the following penalties are incorporated in this Ordinance as follows: 1 (1) .Any person who: (i) violates any provision of this Ordinance or (ii) violates or fails, neglects, or refuses to obey any Board of Supervisors' or .the Zoning Administrator's final notice, order, rule, regulation, or variance or permit condition authorized under this Ordinance shall, upon such finding by an appropriate Circuit Court, be assessed a penalty not to exceed $5,000 for each day of violation. (2) With the consent of any person who: (i) violates any provision of this Ordinance or {ii) violates or fails, neglects, or refuses to obey any Board of Supervisors' or Zoning Official's, notice,. order, rule,. regulation, or variance or permit condition authorized under this Ordinance, the Board of Supervisors. may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation, in specific sums, not to exceed $10,000 for each violation. Such civil 17 aoe~ ~9 :.:~ 538 charges shall be paid into the treasury of Isle of Wight County for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas in the County except that. where the violator is the County or its. agent, the civil charges shall be paid into the state treasury., The civil charges shall be in lieu of any appropriate civil penalty imposed under subdivision (1) of this subsection. 'Civil charges may be in addition to the cost of any restoration required or ordered by the Board of Supervisors or Zoning Administrator. 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 MacManus -moved the Board revert back to the regular agenda upon return from a five (5) minute recess.. The motion was adopted unanimously (5-0). .Chairman Bradshaw called for the continuation of the County Administrator's section of the agenda. Supervisor Mach-anus moved the Board direct staff to work with the County's Delegates .and Senators on the four (4) local items (vehicle decal, cigarette tax, church exemption tax, regional daily reporting center) to try and find sponsors. 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 staff prepare two (2) major categories (financial concerns of the County, i.e., .the County has for the past years experienced the loss of revenue due to unfunded mandates and list those oppositions). He directed the same thing be done for growth, i.e., the County is a high growth community and involved. in the `High Growth Coalition throughout the State and the County supports the. Coalition's needs and those positions and list the issues that could impact the County. He requested a statement be listed up front introducing those two (2) major positions. Supervisor MacManus recommended the Board take the VACo .position on education and use it in lieu of any input .from the. School , Board since the School Board has not provided the County with any positions. Chairman Bradshaw directed Mr. Robertson to include this as a third category identified as school issues. Supervisor Claud recommended staff use the language of VACo for the removal of the cap on the E-911 tax. 1 ~ 1 18 J Chairman Bradshaw. directed Mr. Robertson to list the CSA position under the financial request and for Social Services list as a separate category. (four categories: financial, growth, schools and social services). Sheriff C. W. Phelps noted the Virginia Sheriff's Association is currently seeking a sponsorship to improve the retirement benefits for -the deputy sheriffs. Chairman Bradshaw requested the Sheriff provide the .Board with a Sheriffs Association position statement on the retirement benefits for deputy sheriffs so that it may be incorporated under the financial .category. Supervisor Claud moved the Board support the Sheriff s Association for enhanced retirement benefits for deputy sheriffs. 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 offered to meet with Mr. Robertson and draft up the list before the next Board meeting. 1 Supervisor Bradby moved to direct staff to develop the legislative package that will include the four (4) categories (financial, growth, schools and social services). 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 establish a date for its annual Town Meeting. Supervisor Clark moved the Board set Saturday, February 10, 2000 from 10:00 a.m. until 12:00 noon as the Board's Town x~leeting date. The location is the Carrsville Elementary School. 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 authorize him to proceed -with securing modular units for utilization by the GIS/data processing staff Supervisor Clark moved the Board .authorize staff to acquire up to two (2) modular units, not to exceed $15,000 in costs. 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. 19 +~t so2~ 1~ ,.;~~~p ,Patrick J. Small, Director of Economic Development, distributed a Resolution of Support to Endorse the Implementation by~ Verizon South Inc. of Expanded Local Calling Between Isle of Wight County Exchanges and Certain Adjacent Exchanges which he recommended the Boazd adopt. Supervisor Claud .moved the Boazd .adopt. the following k resolution: RESOLUTION OF SUPPORT TO ENDORSE THE IMPLEMENTATION BY VERIZON SOUTH INC. OF EXPANDED LOCAL CALLING BETWEEN ISLE OF WIGHT COUNTY EXCHANGES AND. CERTAIN ADJACENT EXCHANGES WHEREAS, on July. 21, 2000, Verizon South and Verizon Virginia jointly filed.- with the .State Corporation Commission to implement additional expanded local calling routes, as .ordered by .the .Commission in approving.. the merger of GTE South with Bell Atlantic- Virginia, that -will result in the elimination of hundreds of long distance routes throughout the Commonwealth; -and WHEREAS, the merger is now complete and the new company - Verizon Communications, has begun the process of expanding local calling areas and is now considering exchanges. in Isle of Wight County; and WHEREAS, the Board of Supervisors of Isle of Wight County, its staff and constituents were actively involved in advocating the expansion of local calling .areas preceding. and during the merger discussions because of its, conviction that restricted calling areas results in undue financial hardship. being placed on local businesses and, residents; and WHEREAS, it has been confirmed by a special committee commissioned by the Board of Supervisors of Isle of Wight County that the current proposal to expand local calling areas ..between exchanges in Isle of Wight County and certain adjacent~exchanges will benefit the businesses and residents of the County;. NOW, THEREFORE, BE IT RESOLVED -THAT: The Isle of Wight County Board of Supervisors does hereby support the implementation of the plan proposed by Verizon South and directs that this resolution be forwarded to Verizon South and the State Corporation. Commission for their consideration; and BE IT FURTHER RESOLVED THAT: The Isle of Wight County Board of Supervisors directs its committee to undertake necessary efforts to ensure that the businesses. and residents of Isle of Wight County receive timely and accurate information regarding the expansion of local calling areas. 20 .: 9~~r 1~ -;-:~-.541 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 stated the Board previously adopted a motion relative to funding four (4) dispatch positions. to be located at the Smithfield Police Department dispatch center and provide an approximate sum of $18,000 for funding the development of the extra console needed for extra dispatching. He distributed a fax received from the Smithfield Town Manager referencing that the Town . has been provided a cost estimate which has increased from the original estimate of $17,600 to $21,650. He requested the .Board provide direction to staff if it wishes to fund beyond the original $18,000 to cover the additional cost designated by the Town. He stated there is additional information listed regarding personnel relative to the Town's proposed staffing: Mr. Robertson stated . he inquired from the Smithfield Town Manager today if the upgrading of the position was one (1) of the (4) that the County designated for that. Mr. Robertson stated he inquired of the Smithfield Town Manager if the change of funding for the full- time employee in lieu of part-time is one of those to be picked up by the County and his response to him was "yes." Supervisor MacManus noted it was his understanding that the Town of Smithfield was picking up the fifth person. [] Supervisor Claud moved the Board approve the revised .estimate of $21,650 and that staff get clarification as to how these positions are being hired and if it is the intent of the Town of Smithfield to go to the fifth position, that should be the first position that is hired and not the first one that is paid by the County. It is the Board's understanding that the Town of Smithfield will do this. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw,.Clarkand.Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey noted that due to .the Governor's announcement, the County's .upcoming holiday schedule has been revised to reflect that offices will close at 12:00 noon on Wednesday (11122) and remain closed on Thursday (.11/23) and Friday (11/24). Offices .will also be closed at 12:00 noon on Friday, 12/22 and remain closed on Monday, 12/25 and Tuesday, 12/26 for the Christmas holidays.. In observance of the New Year holiday, offices will be closed on Monday, 1/1/O1 and Tuesday,.1/2/01, he stated. Sheriff Phelps stated he received infonmation that implementation. of the wireless 911 must be completed by July 1, 2002. He stated there is the possibility of 100% funding if -the Sheriff's Department makes a request to the Wireless Board by December 1, 2000. He requestedthe 21 ri BO~F ~~ ~„~;'S4~ Board authorize staff to work with him to get the request to the Wireless Board. by December 1, .2000 so that the County can begin to qualify for grant funds that are available. Supervisor Clark moved the Board authorize staff to work with SheriffPhelps to get this request to the State by December 1, 2000 and qualify for .the grant. 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 the County Attorney's report. County .Attorney Crook requested the Board to advise him of their individual comments before the next committee. meeting on the guidelines for the use of Boykin's Tavern which he distributed to them. He then presented to the Board the following proposed resolution for their consideration:: RESOLUTION FOR LOANS TO COUNTY FOR BOYKIN'S TAVERN AND OTHER DISPLAY WHEREAS, the County of Isle of Wight: has restored Boykin's Tavern for use for County offices: and tourism; and WHEREAS, individuals have offered antiques, artifacts and other items of historical value for display in Boykin's Tavern; and WHEREAS, the County of Isle of Wight deems necessary to adopt a policy relative to accepting loans of such items for display for the protection of the individual owners and. the County of Isle of Wight. NOW, THEREFORE, be it resolved by the County. of Isle of Wight that. loans for display of antiques, artifacts and other items of historical note will be accepted upon the following terms and .conditions: 1. Any valuations or prices shown as stated by the lender are not to be considered as appraisals by the County. 2. The County will not alter, repair, or clean any objects loaned without the lender's permission. 3. Should any loss, damage, and/or deterioration be noted,-the lender will be notified by the County. 4. Unless noted in an agreement, it is understood that the object listed may be photographed or reproduced for promotional, educational and catalogue purposes. 22 fl ~~_~~ 1~ .,:::~5~3 5. If the lender has knowledge of special conditions governing the objects listed such as copyright, lien, custom bonds, ownership, etc., the lender must inform the County in writing at the time of the loan. 6. All costs of insurance, packing, crating, transportation and custom formalities will be borne by the County. Should the lender withdraw the object from the County prior to the end of the loan period the lender will be responsible for those costs. 7. Value is to be determined by lender and. stated in writing at the time of the loan. 8. The County may have an appraisal done of the value of the item. 9. The loan period must be stated in writing at the time of the loan. and must be definite. 10. Any use of the items loaned will be limited to in-house display or storage unless special permission is given in writing by the lender. 11. In order to pick up the item, lender must give the County at least two (2) weeks notice in writing. 12. Although the County will use its best efforts to preserve, maintain, and secure the item for the benefit of the lender, the County will not be responsible for any loss, theft or damage incurred to said item while in the possession of the County pursuant to the loan. Following discussion, Supervisor Claud moved the Board adoptthe resolution. 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 presented a release of easement for the construction and maintenance of a utility water and/or sewer pipe system involving Billy B, and Kathleen Sizemore for the Board's consideration. He explained to the Board that the utility easement was recorded, but not used by the County and the Sizemores have requested it be released and have returned to the County. the funds they received for. the easement. u Supervisor .Clark moved the .Board authorize the Chairman to sign the deed of release 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. County Attorney Crook notified the -Board that a meeting with - Frank Staley, General Manager, Charter Communications, has been set for December S, 2000. 23 B08a 1=~ .,::''S4't County Attorney Crook: notified the Board that a meeting with representatives of AES has been set for December 4, 2000. County Attorney Crook noted he .had two (2) matters .for closed session later in the meeting. // Chairman Bradshaw called for Old Business. Supervisor- Clark inquired about the status of Yellow Rock. Road. County Attorney Crook notified the -Board that the owner has indicated his willingness to deed the right-of-way to the County, but he has another matter he wants. to resolve with VDOT and the County first. // Chairman Bradshaw called for New Business. Chairman Bradshaw .called for the Board's consideration of a financial contribution to the Commonwealth Transportation Alliance (CTA). Supervisor MacManus moved the Board provide a financial contribution of .$500 to the CTA with the Chairman as the point of contact for all information associated with the CTA. and their progress as they move .forward. 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. Macmanus recommended that staff investigate the issue of the TEA-21 grant for bikeways on a generic basis so that the County gets its fair share for appropriate use of such grant funds. Supervisor MacManus moved the Board direct .staff to support the TEA-21 grant for bikeways to see what funds are available to 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 moved the Board direct staff to look into building a handicapped accessible ramp at the front entrance of the Real Estate Office and that staff also be authorized to replace the carpet in the building. The matter. should first be sent to the Historical .Architectural Review .Committee for their review and then to Public Works. The motion was adopted with Supervisors MacManus, Bradby, 24 f•, ! ^ ao~~ 1~ ;r~-545 Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. 1 Chairman Bradshaw moved that the Board direct the CPMT/CSA, WTCSB and Social Services to provide a written quarterly report to the Board. 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 suggested that the School Superintendent meet with the Board on a quarterly basis to discuss what is happening in the schools. County Attorney Crook advised the Superintendent plans to attend the first meeting of the Board of Supervisors each month. Chairman Bradshaw suggested that the Board begin having an annual breakfast .meeting with the Constitutional Officers to discuss areas that are impacting their respective offices. Chairman Bradshaw-moved the Board send a letter to the School Superintendent requesting the .School Board encourage the Virginia School Board Association to formally support the State's. position on SOQ funding. 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 Clark moved the Board direct staff to investigate the .possibility of increasing the Writ tax. 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 recommended that the Board and Planning .Commission hold an annual one (1) day retreat to continue a good working relationship. Supervisor MacManus moved the -Board include as an agenda item for the Board's retreat all the different boards and groups to set up a calendar for the year. of when to approach. those groups. 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. D // Chairman Bradshaw called for Appointments. Supervisor MacManus moved the Board appoint Florine Moore representing the Smithfield District to the Redistricting Committee. The motion was. adopted unanimously (5-0). 25 +v, a~~~ 1~ .:~:f54~ Supervisor Bradby moved the Board appoint Herman Jones representing the Hardy District. to the Redistricting Committee.. The motion was adopted: unanimously (5-0). Supervisor Bradby moved the Board appoint .Herb DeGroft representing the Hardy District to the Redistricting Committee. The motion was adopted unanimously (5-0). Supervisor Clark moved the Board appoint Mike .Alexander representing the Newport District to the Redistricting Committee . The motion was. adopted unanimously (5-0). Supervisor Clark- moved the. Board appoint Robin Land representing the Newport District to the Redistricting Committee . The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board appoint Glen Gaskins representing the Carrsville District to the Redistricting Committee. The motion was adopted unanimously (5-0). Chairman Bradshaw moved the Board appoint Phil Hardison representing- the Carrsville District to the Redistricting Committee. The motion was adopted unanimously (5-0). Supervisor Bradby moved the Board accept the noted resignation and appoint Judy Begland to the Beautification Committee.. The motion was. adopted unanimously (5-0). // County Attorney Crook requested a closed session under Section. 2.1-344 A3 of the Freedom of Information Act- concerning discussion with counsel. and staff and consideration of disposition of publicly held real property where disclosure could adversely affect the bargaining ' position of the County; under Section 2.1-344 AS and A7 concerning discussion with counsel of sensitive contract negotiations progress concerning a prospective.industry locating a facility in the County; and,. under .Section 2.1-344 A7 for consultation with legal counsel of a probable litigation matter requiring legal advice. Supervisor .Claud requested a closed session under Section 2.1- 344 A3 of the Freedom of Information Act concerning discussion with staff and counsel on a matter .involving acquisition. of property for public purposes where public disclosure could adversely affect the County's. interest and under Section 2.1-344 A7 concerning a contractual matter requiring advice of counsel. Supervisor Claud requested a closed session under Section 2.1- 344 A l of the Freedom of Information Act concerning a personnel matter. 26 11 1 1 Mr. Small requested a closed session under Section 2.1-344 A3 of the Freedom of Information Act concerning acquisition of real estate and under Section 2.1-344 AS concerning a prospective industry locating a facility in the County. After inquiring as to specifics of the foregoing requests for closed session, the County Attorney stated a motion to go into closed session for the. following purposes: Under Section 2.1-344 A.1. for discussion concerning employment performance of a County employee; under Section 2.1-344 A.3. for discussion of the acquisition of three real properties for public purpose where discussion in open session would adversely affect the bargaining position or negotiating strategy of the Board; under Section 2.1-344 A.S. for discussion concerning a prospective business or industry or expansion of an existing business or industry where no previous announcement has been made of the industry's interest in locating or expanding in the County and under Section 2.1-344 A.7. for .consultation with counsel regarding a matter of probable litigation where .consultation in an open meeting would adversely affect the negotiating posture of the County and for advice of counsel on a specific legal .matter of contract negotiation requiring legal advice. 1 Supervisor Bradby moved the Board enter closed session for the reasons stated by .the County Attorney.. 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. Upon returning to open session, Supervisor. Clark moved the Board adopt he 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, 1 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 thiscertification 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. 1 27 VOTE AYES: 5 NAYS: 0 ABSENT DURING VOTE:. 0 ABSENT DURING MEETING:. 0 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 Claud moved the Board adjourn. The motion was adopted unanimously (5-0). "'"' p A. Bradshaw, Chairman