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01-04-2001 Regular Meetingn 9gne ~~~ _: ~.;' REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FOURTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND ONE 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 1:00 p.m. The invocation was delivered by Supervisor MacManus: The Pledge of Allegiance was conducted.. // 1 i~ County Administrator Caskey opened the floor for nominations for Chairman and Vice-Chairman for the year 2001. Supervisor Claud nominated .Henry H. Bradby as Chairman of the Board for the year 2001. Supervisor Bradshaw moved the Board close the nominations. The motion was adopted with Supervisors MacManus, Bradshaw, Clark and Claud voting in favor of the motion (4-0); no Supervisors voting against it and Supervisor Bradby abstaining from.voting. Chairman Bradby opened the floor for nominations for Vice- Chairman. Supervisor Bradshaw nominated Robert C. Claud, Sr: as Vice- Chairman of the Board for the year 2001. Supervisor MacManus moved the Board close the nominations. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion (4- 0); no Supervisors voting against it and Supervisor Claud abstaining from voting. Chairman Bradby. opened .the floor for appointment of Clerk to the Board for the year 2001. Supervisor Claud moved the Board appoint W. Douglas Caskey as Clerk to the Board for the year 2001. The motion was adopted .with 1 7 ,.~ ;r I Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against it. Chairman Bradby opened the .floor for appointment of the Recording Secretary. Supervisor Bradshaw moved the Board appoint Carey H. Mills as Recording Secretary to the Board for the year 2001. The motion was adopted with Supervisors MacManus, .Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisprs voting against it. Chairman Bradby requested the Board set its meeting schedule for the year 2001. Supervisor Claud moved the Board set its regular meeting schedule for the first Thursday of each month at 2:00 p.m. and the third Thursday of each month at 6:00 p.m with public hearings on the third Thursday scheduled for 7:00 p.m. 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 it. Chairman Bradby called for consideration of appointments to the Committees of the Board. The Board. members noted their desire to keep the same -Board members on its Committees (contained in the agenda) :and that Law Enforcement be added as a Committee with Supervisors Bradshaw and Clark as the Board's representatives. // Chairman Bradby called for discussion on the Comprehensive Plan. The Board members individually made the following suggested revisions: Under Chapter 7.1, first paragraph, Supervisor MacManus requested that more current information be incorporated where it references the period between 1988 and 1992. Additionally in this first paragraph where it references a median family income of approximately $47,000 in the County, Supervisor MacManus noted this figure is off by approximately $20,000. Under :Chapter 7.7, under Table 7-7, Supervisor MacManus asked if the Morris Creek Landing Apartments in Smithfield should be included in the list as it is not a part of an affordable rental housing program. 2 .•. ~~ .Under Chapter 7.5, the first full paragraph, Supervisor Bradshaw .requested that the paragraph be further clarified on whether or not there is a sufficient supply of rental housing for low-income families in the County. Under Chapter 7.9, under Housing Availability, under the first paragraph, Supervisor Clark. requested "vacancy reservoir" be defined. He requested that the sentence "As population grows, the size of the vacancy reserve must also grow" be deleted. .Under .Chapter 7.12, Supervisor Bradshaw requested that reference be made to the Community Development .Block Grants ,being undertaken in the County. Under. Chapter 7.14, under Manufactured Homes, Supervisor Bradshaw requested additional detail on where the permits were granted, i.e., if they were granted in agricultural areas which was beyond the Board's control at the time. Provide explanation as to why the County failed in this effort. Under Chapter 7..15, under Indoor Plumbing/Adequate Sanitation, Supervisor MacManus requested clarification on what kind of technical assistance the County provides. Under Fixed :Floor Area Ratio, where it refers to smaller homes to be built on smaller lots, Supervisor. MacManus recommended it be referenced back into the Zoning Qrdinance for minimum lot and home sizes. Under Housing Code, Supervisor MacManus requested local builders be encouraged to .use building codes/hurricane standards. He further requested that flood zone issues relative to housing be included. Under Self Help, .Supervisor MacManus requested the word "funding" be changed to "support." Under Chapter 7.17, under Summary, Supervisor MacManus requested $47,000 be corrected. Under Chapter 8.3, under Table 8-1, Supervisor Bradshaw requested that the Carrollton Elementary .School and the Windsor Elementary School be included.. Supervisor Bradshaw noted that the Carrsville Elementary School now contains more than two (2) acres due to its expansion. Chairman Bradby requested that the Tyler's Beach Boat Ramp be included. 1 Under Chapter 8, Supervisor Claud. requested that the Director of Parks and Recreation review the .maps. 3 9021. 20r~;^,f Under Chapter 8.6, under the. second bullet, , Supervisor MacManus .requested that "Riverview Park" be changed to "Nike Park.,, Under Chapter 8.8, under the second paragraph, Supervisor Claud requested that the Windsor Athletic Association be added. Under the first paragraph, Supervisor Bradshaw noted the County has taken the position that as new facilities were built they would be jointly used to get a`betterreturn on the County's .assets. He requested the last sentence of this paragraph reflect that the County has a cooperative effort. Supervisor MacManus requested that Clontz Park be added in the second paragraph. Under Chapter 8.9, under Tables 8-4 and 8-5, Supervisor Bradshaw requested that the tables be updated. Under Chapter 8.14, under Implementation, Supervisor. MacManus requested that Fort Boykin's be added as possibility of development. of a public beach area. Under Chapter 8.17, under Neighborhood Park Facilities in the Hardy District, .Supervisor Claud requested "voting district" be .replaced with "area." Under Chapter 8.16, first paragraph, Supervisor MacManus .requested. that Gatling Pointe South .park area bike trails be added. Under- Chapter 8.19, Supervisor Bradshaw requested .that the first bullet {Promote shared use of facilities for recreation benefits) be moved up to the first objective in the list. Supervisor Claud moved that the Board :begin its January 18, 2001 meeting one hour early at 5:00 p.m. for continued discussion on the Comprehensive Plan. 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 it. Supervisor Claud moved the Board take afive-minute .recess before continuing with the regular. order of the agenda. The motion was .adopted unanimously (5-0). . // 3 Chairman Bradby called. for Special Presentations. Paul Lee, CPA. with Robinson, Farmer, Cox Associates, presented the. Board with the Financial Audit Report for the Year Ended June 30, 2000. 4 T•. ~~^~ '~~ .,~ 5 1 He .stated the undesignated funds in the General Fund balance were $9.4 million. He referenced a Management Letter forwarded to the Board and recommended the following areas be addressed: 1) Treasurer should address posting sequences to recognize items. on a cash basis verses accrual basis; 2) revenue classification; 3) separate ledger maintained by the Social Services Department under Special Welfare Clients needs to be reconciled with the County; 4) reconciliation of vehicle decal revenue; 5) bank accounts should be consolidated;. 6) fixed assets of the County will be required to be recorded in FY2003, including depreciation. Supervisor Bradshaw moved the Board accept the report as received from Robinson, Farmer, Cox, Associates and direct County staff to meet with the Treasurer to resolve areas which need addressing (taxes set up on a cash basis; revenue classification; ledger maintained by Social Services; reconciliation of vehicle decal revenue;. consolidation of cash in banks; fixed assets, including depreciation beginning in FY2003), as noted in the auditor's Management Letter to 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. John Moore of Moseley, Harris & McClintock P.C. presented to the Board for its information the findings of their initial phase of the Facility Master Plan and Spatial Study. Lee Tyson, the County's: Community Liaison with the Chesapeake Bay Local Assistance Department, provided an overview of the new regulations proposed by CBLAD for the Board's information. // Chairman Bradby indicated the following Consent Agenda included Items 3, A through F, and asked if there were any items for removal: A. Resolution to Accept and Appropriate Funding From .the Virginia Department of Motor Vehicles B. Resolution to Accept .and Appropriate $14,500 From the Camp Younts, Ruth Camp Campbell and Camp Foundations for Fire and Rescue Services C. Resolution to Accept and Appropriate $35,000 From the Camp Younts, Camp and Ruth Camp Campbell Foundations for Repairs at the Isle of WightlFranklin Skating Rink D. Resolution to Accept and Appropriate $1,082,561 From the Federal Government for School Programs 5 +4 80~~, 2~ :~ ... 6 E.. December 21,.2000 Draft Comprehensive Plan Minutes F. December 7,.2000 Regular Meeting .Minutes Supervisor Clark 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 it. // Chairman Bradby called for Regional Reports. Regarding .the Hampton Roads Partnership, Supervisor Bradshaw reported that staff had attended the meeting and that the Assistant County. Administrator. and Director of Economic Development would be submitting their comments on any pertinent matters discussed.. Regarding the Hampton .Roads Economic Development Alliance, Supervisor Bradshaw reported that the Director of .Economic Development attended the meeting. Regarding. the Mayors and Chairs Caucus, Supervisor Bradshaw reported that there was no meeting held in December. { Regarding the Southside Mayors and Chairs, Assistant County Administrator Robertson distributed A Resolution Requesting the 2041. General Assembly to Establish a Commission to Pursue Funding for the Construction of Improvements to Route 460 Between Suffolk and Interstate 295, as drafted by the City of Virginia Beach. Supervisor Bradshaw moved the Board support the resolution as presented. 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. Regarding the Hampton Roads. Planning District Commission, Supervisor Claud reported that at the December meeting, .the HRPDC was invited to become part of the Southeastern Economic Alliance to advance the cause of rail service in the southeastern United States. He noted the HRPDC also received a report and presentation from the Commission on State and Local Tax Structure. Regarding the Southeastern Public Service Authority, Supervisor MacManus reported that there was no meeting held in December. 6 .: ,. Regarding the Western Tidewater Regional Jail Authority, Supervisor Claud reported on the recent press release concerning the availability of inmate labor force to assist with public projects. Regarding the Western Tidewater Water Authority, Supervisor Claud reported that only routine business was discussed. He noted that .work on the water line in Suffolk along Route 17 is progressing on schedule. Regarding .the International Paper Advisory Council, Supervisor Bradshaw reported that the Council will delay .scheduling its next meeting until a replacement for IP's Communications Manager has been selected.. // Chairman Bradby called for Transportation Matters. County Administrator Caskey reported that VDOT has advised that it will this. date finish the resurface work and stone to be laid along Dews Plantation Road as previously requested by Joe Ferguson // Chairman Bradby called forCitizens Comments. 1 D Arthur E. Berkley spoke in favor of the TEA 21 grant for a proposed bikeway development in the County. He stated as a bicyclist he would request the Board support the project. as .the return on the County's investment would offset what would be spent in the .way of safer. transportation for both cyclists and motorists. Pat Clark requested the Board's support of the tutoring and reading program within the Windsor Elementary School. He further requested that the County include, as part of its negotiations with Charter Communications, an educational channel for use by County residents. William E. Laine, Sr. spoke in favor of the TEA 21 grant for a proposed bikeway development in the County. He stated having a safe place for cyclists is a quality of life issue and advantageous. to the citizens of the County. Leah Dempsey spoke in favor of the ,TEA 21 grant for a proposed bikeway development in the .County. She noted that she has two (2) - teenagers who like to ride their bikes and it is frustrating that .rural citizens can not travel safely to local parks, recreation facilities or town centers without the use of a vehicle. She stated this is a minor investment for the County with a big return. . ~~ 7 s Chairman Bradby called for the Community Development report. .There was. no report offered for discussion by the Board.• // .Chairman Bradby called for the Public Utilities report. E. Wayne. Rountree, P.E., Director of Public Utilities, reported that the design of the Southern Development .Service District elevated water tank, well system and well transmission mains have been completed. He recommended that the Board approve the low bid of PDM Water in the amount of $1,421,000 with the wells being deleted from the contract as the bid came in considerably higher than anticipated.., .Supervisor MacManus inquired if consideration has been given to break out the electrical portion of the project as well as it seemed to be $150,000 off the engineer's estimates. He stated it may. be worthwhile for the County to sub out the electrical portion. Mr. Rountree stated this was discussed, however, there was no strong support to delete the electrical portion. . Supervisor MacManus stated most of the electrical work he assumes is associated with the wells and, if pulled out, .would. also be a significant savings to the County. He would ask if that .could be pulled out of the project. Mr. Rountree stated staff would look at the possibility of reducing this prior to signing the contract. .Supervisor Bradshaw moved the Board approve the low bid, as modified, of PDM Water in the amount of $.1,421,000 or less and to pull out the electrical component. and authorize the Chairman to sign the construction contracts after review and approval by .staff and the .County Attorney with the year and one-half schedule.. 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. Rountree presented the Southern Development Service District water extension project for the Board's consideration and requested the Board approve the low bid of Peters and White Construction Company in .the amount of $308,288 which extends the water line from this tank site to Franklin Equipment Company.. He stated his report to the Board is inaccurate- as he indicated funds were available in the Capital Budget, but this project and the other project will result in an approximate $150,000 shortfall requiring him to come back to the Board with an appropriations resolution for that additional money. 1 I~ 'u 1 8 .: °')~~ 2~ -'.' i7 J Supervisor Bradshaw moved the Board approve the low bid of Peters and White Construction Company in the amount of $308,288 and authorize .the Chairman to sign the construction contracts after review and approval by staff and 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. Mr. Rountree stated since his last monthly report on fluoride, staff has solicited the engineering firms to .assist the County. He reported five (5) proposals have been received and interviews scheduled for January 16, 2001. He stated staff has not yet received official word from .the Health Department on the results of the second fluoride testing, but unofficially he has received a report that certain systems will exceed the fluoride level and will require some type of fluoride reduction. Mr. Rountree stated for the Board's information the Northern Development Service District water connections have been completed and those new. customers advised they would be afforded the opportunity to pay a $1,000 connection fee if such connection is made within ninety (90) days. He noted that of the 100 notices sent, 35 properties took advantage of the discounted connection fee. He also noted that should the 65 properties decide in the future they would like to connect, the fee will be $3,000. // Chairman Bradby called for the Economic Development report. There was no report offered for discussion. // Chairman Bradby called for the Parks and Recreation report. There was no report offered for discussion. I/ Chairman .Bradby called for the Emergency. Management report. There was no report offered for discussion.. // ,. Chairman Bradby called for-the County Administrator's report. Donald T. Robertson, Assistant County Administrator/Director of Human Resources, presented. a Resolution to Accept and Appropriate 9 Funding From the Virginia Department. of Emergency Management for the Hazard Mitigation Grant Program which he recommends the Board approve. .Supervisor. Bradshaw moved the Board. adopt-the following resolution: RESOLUTION TO ACCEPT AND APPROPRIATE I FUNDING FROM TEIE VIRGINIA DEPARTMENT OF EMERGENCY MANA EMENT .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 .fourteen thousand four hundred fifty dollars ($614,450) by the Virginia Department of Emergency Management; 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 fourteen thousand four hundred fifty dollars ($614,450). or as much as shall be received from the Vir inia De artment of Emer enc Mana ement to the a ro riate line item. g P g Y g PP P 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. Supervisor Bradshaw further moved the Board appropriate funding in the .amount of $25,925 from the contingency fund for the local match. 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 requested that staff provide .the .Board with the locations of those residences involved in the grant program. County Administrator Caskey presented the proposed Battery Park Nike Park Bicycle Facilities grant application and requested the Board set a public hearing for the Board's January 18, 2001 meeting. He stated. the grant requires a 20% Local cash or in-kind match and the bicycle. 1 1 10 ,: ~~~t ~ 2~ -..::- 11 committee's recommendation is to .allocate the $143,000 between the Town of Smithfield and the County. J J .Supervisor Claud stated the County is being asked to appropriate $115,000 and the CIP Committee is reviewing a $55 million plan of which $15 million is related to parks and.. recreation. He stated a project of this nature fits in closer with parks and. recreation and if the County does not have sufficient funds. to improve Nike Park, to build a central park and develap a park in the: northwest portion of the County, he does not see this bike plan as the top priority for parks and recreation in the County. He stated he could not support the bike plan at this time because he does not believe the County can afford it. He recommended that the County have a procedure for this committee to work through the. Parks and Recreation Department and let requests for funds come through that committee. .Supervisor MacManus .agreed that the County is in a very tight financial .situation at this time, but what is being proposed is a 16% inkind match. He stated the County is looking at possibly. amending the CIP to address an expenditure in the range of $50,000 to $60,000 for fiscal years 2001/2002 and 2002/2003. He stated what the Board is endorsing tonight is only to approve the public hearing. to receive comments from the citizens which he believes is appropriate. He stated this is merely. requesting a grant and there is no promise that the grant will be awarded the County and even if awarded, the Board must determine if the amounts fit into the CIP and financial situation at that time. He stated the Board will have the ability to deny the bike plan if the County's financial position is as tight. as it appears it maybe, but at the. same time it gives the Board time to do some planning. He stated he believes it is appropriate to continue moving forward and let the public speak on the matter. Supervisor Bradshaw stated the resolution distributed today states that the Town of Smithfield is supporting only 4% of the required local match which comes to $6,000 which increases the match of the County. He stated the schools will be requesting additional funding for teachers' salaries and the Board will have to take a position at some time and this is not a primary priority of this Board at this time. 1 Supervisor Clark stated that Supervisors Claud and Bradshaw's concerns can be addressed during the grant process because the allocation of funds is not being requested today, but approval so that the grant application can move forward. .Supervisor MacManus stated the resolution does state 4% of the total locality, but as Attorney Riddick, who is present and who was present at the Town Council .meeting, .will indicate, the Town Council did concur to provide the 4% of total funding which would be 20% of the locality funding. 11 ri 8 0'? I! 2lJ r.w ~~r Chairman Bradshaw. stated he would prefer to see .this in writing because he does not have the trust factor there to take it on a handshake. Supervisor MacManus moved the Board authorize a public hearing for the Board's January 18, 2001 meeting for consideration of the grant application. The motion was adopted (3-2) .with Supervisors MacManus, Bradby and Clark voting in favor of the .motion and Supervisors Bradshaw and Claud voting against the motion. Donald M. Long, .Director of Public Works, requested the Board authorize funding for afull-time custodial position for daytime hours. He stated currently there are four (4) part-time custodial positions that work at night, but skilled laborers within his department are being requested to respond to emergencies: during the day that would typically fall under the guidelines of custodial work. He stated in July, he will be requesting that all custodians become .full-time and split their working hours so that they are not working entirely in the. evenings to better serve the personnel at .the County. Supervisor -Bradshaw stated the majority of businesses today have gone to eliminating their custodial staff and utilizing contract services which eliminates administration, personnel and benefits. involved with full-time employees. He noted it might be better for Mr. Long to redefine the duties of his department and come back with a recommendation on what could be contracted on the inside and determine if some of these other duties may warrant arr additional Public Works employee. Supervisor Bradshaw directed that the. Director of Public. Works meet with the County .Administrator to review the organizational make-up of the Department of Public Works and to perform a job .analysis to review the efficiency of the Department (evaluation of the Department and the duties involved..). Supervisor. Claud moved that the. Public Works Director,. along with staff, in order to deal with immediate needs, be directed to hire apart-time custodial until the .end of this fiscal year and that the funds come 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. In preparation of -the Board's retreat, County Administrator Casket' distributed a profile as provided by the Board's facilitator and. requested each Board member complete .and return to him by January 11, 2001. He noted that the facilitator would be meeting .individually with each Board member prior to the retreat. Supervisor Claud moved that the Board cancel its regular meeting scheduled for February 1, 2001 due to a conflict with the 12 T5 a~~~~. ~ 2~~:-:~ 13 VACo/VML/Legislative Day in Richmond. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion and no Supervisors voting against the. motion. u County Administrator Caskey .reminded the Board of its Town Meeting scheduled for February 10, 2001 from 10:00 a.m. until 12:00 noon at the Carrsville Elementary School. County Administrator Caskey reminded the Board of the Legislative. Breakfast scheduled for 8:00 a.m. tomorrow at the Smithfield Center. // Chairman Bradby called for the County Attorney's report. 1 County Attorney Crook presented an amendment to the license agreement .that he prepared for the Darden collection site which he recommends the Board approve and authorize the Chairman to sign. Supervisor Clark moved the Board approve and authorize .the Chairman to sign the amendment to the. license agreement for the collection site.. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor and no Supervisors voting against the motion. County Attorney Crook presented an amendment to the contract between the County and Monette Tnforrnation Systems (MIS) that he prepared .which he recommends the Board approve. He stated the amendment extends. the contract through June 30, 2001 at a fixed monthly compensation or at a fixed hourly rate if the County chooses to do so. Supervisor Bradshaw moved the Board approve the amendment to the contract with MIS. The motion was adopted (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor and no Supervisors voting against -the motion. County Attorney Crook noted that he had several matters for closed session later in the meeting. // 1 Chairman Bradby called for Old Business. .Supervisor MacManus inquired about the status of the meeting with VIMS relative to Jones Creek. 13 B;InI~ 2~J rMl.r. 14 Mr. Hartley advised. that he and .Supervisor Clark have a meeting scheduled. next week on-site to discuss the No Wake Zone .and that information will be forthcoming. Supervisor MacManus inquired if Mr. Hartley has been able to arrange for URS Greiner to .meet with the Board to discuss water quality for Eagle Harbor. Mr. Hartley advised that he will invite the consultant to attend the Board's January 18, 2001 meeting. County Administrator Caskey presented a request by the Carrollton Public Library for allocation of funds. for the purpose of upgrading the children's program from -part-time to full-time and advised that input had been received from the Superintendent of Schools. Supervisor Bradshaw moved the. Board direct staff to place the request on the Board's .agenda for its January 18, 2001 meeting. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor ofthe motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for New Business. Regarding Pat Clark's request for consideration of an education ..channel with Charter Communications, County Attorney Crook stated that he believed the County's request for such a channel is included in the agreement and that it must be done by a particular date, but that he would review the agreement to ensure an educational channel is incorporated. Supervisor Clark requested that -the County Attorney provide the Board with a status report on Yellow Rock Road. County Attorney Crook reported that there have been no new .developments on the matter. // Chairman Bradby called for. Appointments. Supervisor MacManus moved the Board reappoint Anne B. Martin, representing the Smithfield District, to the Commission on Aging.. The motion was adopted unanimously (5-0). r; ~o~e ~ ~t1-~;:: 15 Supervisor MacManus moved the Board reappoint Ida B. Kerney, representing the. Smithfield District, to the Commission on Aging. The motion was adopted unanimously (5-0). 1 Supervisor Bradshaw moved the Board reappoint Richard O. Childress to the Tidewater Emergency .Medical. Services Council, Inc. The motion was adopted unanimously (5-0). // County Attorney Crook requested a closed session under Section 2:1- 344 Al of the Freedom of Information Act for Board discussion with counsel concerning a personnel matter. and under Section 2.1-344 A7 for consultation with legal counsel concerning a probable litigation matter. Ms. Small requested a closed session under Section 2.1-344 AS and 2.1-344 A7 concerning two (2) contractual matters requiring advice of counsel where public disclosure .would affect the bargaining position of the County. Chairman Bradshaw 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. 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, 1 WI~REAS, 2.1-344.1D 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 15 x,- _. AYES:. MacManus, Bradby, Bradshaw, Clark and Claud 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 approve the proposed .agreement :with K. W. Poore and Associates for technical assistance. 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 Bradshaw moved the Board adjourn at 4:45 p.m. The .motion was adopted unanimously (5-0). . /`y`' u°~ry H. dby, Chairman 16 '!