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10-18-2001 Regular Meetingeoo~ 2~J ,::.:486 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY. OF OCTOBER IN THE YEAR TWO THOUSAND AND ONE PRESENT: Henry H. Bradby, Chairman Robert C. Claud, Sr., Vice-Chairman Stan D. Clark Richard K. MacManus Phillip A. Bradshaw . 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 Bradby called the meeting to order at 6:00 p.m. The invocation was delivered 6y Supervisor Clark. The Pledge of Allegiance was conducted. // Chairman Bradby indicated the following Consent Agenda included Items I, A through C, and asked if there were any items for removal: A B. C. Application from the Town of Smithfield to Plant a Tree in the Riverview Park Memorial Gardens Delinquent Real -Estate Tax Collection Monthly Report September 20, 2001 Regular Meeting Minutes Supervisor Bradshaw moved the Board adopt all items of the Consent Agenda. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor. of the motion (5-0) and no Supervisors voting against the motion. // Chairman Bradby called for Transportation Matters. Jonathan W. Hartley, Director of Planning and Zoning, stated VDOT is proposing to instal•1 three (3) message boards, a warning sign and gates at the James River Bridge not to exceed a cost of $670,000 in the event there is a need to close the bridge from traffic.. He further stated VDOT has advised staff that this is an item that the County should be requesting to be added to 1 L~~ C 1 1 the. Virginia Transportation Development Plan (formerly the Six Year Plan) and -that the Board adopt a resolution to that effect. He stated in the earlier study of the crossovers, the potential congestion that closing the. bridge will have on businesses and access to other properties along Routel7. Supervisor MacManus recommended VDOT v~ork with the County on the placement of the signs and that VDOT consider, if the dollar value is not that much greater, a smaller .sized sign .off xo the side of -the road, like a standard highway sign. Supervisor Claud stated gates at the bridge would back up traffic and affect the residences and businesses in that area. He suggested the Board hold a public hearing to receive input from the residents in that area that could be affected. Supervisor Bradshaw moved the Board. hold a public hearing. at its November 15, 2001 meeting on .the proposal prepared by VDOT on advance warning signs and gates on the James River Bridge and that staff notify the businesses and residents in that area. The motion. was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark, and Claud voting in favor of the motion (5-0) and no Supervisors v©ting against the motion. Mr. Hartley. notified the Board that the VDOT Resident Engineer would make his quarterly appearance before the Board at its December 20, 2001 meeting. // Chairman Bradby called for Citizens Comments. Chairman Bradby noted that no one had signed the register to speak, however, if there are citizens who wish to speak, the Board would hear their. concerns at the end of the meeting. 1 // Chairman Bradby called for the Community Development report. Mr. Hartley presented the. following request for consideration by the Board: The request. of the. Isle of Wight County Tourism Bureau to locate-a permanent identification sign for Boykin's Tavern at Isle of Wight County, in Hardy Magisterial District, which is located in -the.. Courthouse Historic District. Mr. Hartley stated the Architectural Review Committee recommended that staff work .with the Tourism Bureau as to :where the sign... should be 2 B~nK F.r ~J ~n~:~ 1:/.V located to ensure the sign does not block sight distance on Route 58. He noted the Committee further recommends that the County take action to stop the. parking of trucks along Route 258 in front of the Tavern. Diane Howard, Director of Tourism, stated the Committee expressed concern with trailers being left over the weekend and during the day. She stated the Committee does not feel this is the appropriate place for the storage of these types of vehicles.. Supervisor Bradshaw moved the Board approve the request as presented by the Historic Architectural Review Committee with conditions attached and that staff pursue the other requests that were made with regards to the obstruction of the view of the sign and the Tavern with regards to parking of trucks. The. motion was adopted with Supervisors MacManus, $radby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Mr. Hartley presented the following request for consideration by the Board: The request of Isle of Wight Materials Company, Inc. to replace a 5' by 8' panel in an existing pylon sign at 14526 Benn's Church Boulevard, Smithfield, in the St. Luke's Historic District. Mr. Hartley stated the Architectural Review Committee: unanimously recommends approval of the sign. Supervisor Clark moved the Board approve the request. 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 Bradby called for the Emergency Management report. Richard O. Childress, Director of Emergency Management, updated the Board on the .progress of the Central Dispatch Committee. regarding meeting dates, attendance at those meetings, information distributed prior to the last meeting and information presented at the last meeting. Supervisor Bradshaw urged the Board members to contact their citizen appointees and encourage them to attend the meetings. Mr. Childress distributed a report on the recent communications problems occurring in the Smithfield Dispatch Center. He .stated new headphones will be placed in service this weekend. 1 1 3 1 1 1 Mr. Childress distributed a memorandum from Brien W. Lee referencing the status of the Sheriffs Department's wireless 911 Phase I request: He stated- the providers of wireless service were notified again .that the County is moving ,forward with accepting 911 calls from wireless devices. // Chairman Bradby called for the County Administrator's report. Lyle D. Hornbaker, Information .Systems Coordinator, presented A Resolution of Proclamation. to Declare November 14, 2001 as Geographic Information System Day 2001 for the Board's consideration. Supervisor Claud moved the Board adopt the following. resolution; A RESOLUTION OF PROCLAMATION TO DECLARE NOVEMBER 14, 2001 AS GEOGRAPHIC INFORMATION SYSTEM. DAY 2001 WHEREAS, Geography Awareness Week is November 12--16, ..2001; and, WHEREAS, the global GIS community has joined together to declare Friday, November 14, 2001. as GIS Day 2001; and, WHEREAS, the management, use, and exchange of .geographic information are essential for effective decision making by all governmental agencies; and, WHEREAS, the .County. of Isle of Wight recognizes the importance of geographic data in the proper implementation of local government and has created a County wide Geographic Information System (GIS) to support that implementation; and, WHEREAS, there is a need to promote GIS awareness, education and technical training among various groups in Isle of Wight County to most appropriately and wisely utilize this technology; and, WHEREAS; the County GIS is a significant. resource that. should be used by alt governmental agencies, schools, and the general public to share information and .increase public participation in the democratic process. NOW, THEREFORE, BE IT RESOLVED. that the Board of Supervisors of Isle. of Wight County. does hereby proclaim November 14 2001, as GEOGRAPHIC INFORMATION .SYSTEM DAY 2001 in Isle of Wight County. 4 80~~ 2U -.,.: ~ ~~ 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. Hornbaker presented a Memorandum of Agreement between Isle of Wight County and Isle of Wight Sheriff's Office for computer services for the Board's consideration. Supervisor MacManus commented that if the man-hours increased for the .Sheriff's Department, it would impact County operations and the Sheriffs office could become a priority over County services. He recommended that a limitation clause be added on potential man-hours per week to the Sheriff's office for supporting their system. Supervisor Bradshaw recommended that a termination clause also be added. Supervisor MacManus moved the Board authorize the Chairman to sign the attached Memorandum of Agreement based on terms being added relative to the length of the contractual agreement anal limitation on potential man-hours per week to the Sheriffs office for supporting their system. 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. Hornbaker notified the Board that local election results would be pasted on the County's website on election night. Supervisor MacManus requested Mr. Hornbaker stay up-to-date on the issue of State and Federal regulations with regard to GIS. Supervisor .Bradshaw requested that the Information Systems Coordinator make the GIS report available to the press. . County Administrator Caskey notified the Board that the Skate Park at Nike Park would officially open on October 27, 2001 at 11:00 a.m. with an opening ceremony. County Administrator Caskey presented Brooke Hardin with a certificate for completing the Leadership Isle of Wight Program. // Chairman Bradby called for the County Attorney's report. ,, 1 1 11 S- II 1 1 County Attorney Crook reported that he had .met with Pat Clark and Thomas Finderson and that he would have a written report. forthe Board by its November 1, 2001 meeting. County Attorney Crook reported that. he had met with the surveyor regarding. the surveying bills .and .that he would be bringing back revised bills for the Board's consideration.. County Attorney Crook reported that. he had. reviewed the Whitley. elevation .project .and .spoken with Peter Andreu, Project Manager, who would hopefully address the problems. County .Attorney .Crook stated he had several matters for closed session later in-:the meeting. // Chairman Bradby called far Old Business. An Ordinance to Amend the Chesapeake Bay Preservation Area Ordinance, Section 3002 to Add Non-Tidal Wetlands Adjacent to Intermittent Streams as Resource. Protection Area. (Tabled 8/16/2001) Mr. Hartley recommended that the Board refer the Ordinance back to the' Planning Commission for further consideration as to how best to approach this issue. Supervisor Clark moved the Board refer: the Ordinance to the Planning Commission. 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. Hartley stated responsive to Board action at its August 16, 2001 .meeting, staff has conducted a study within the Department of Planning and Zoning relative to fees. Mr. Hartley requested additional time to conduct the study. Supervisor Bradshaw moved the Board .table consideration of the matter until the Board's November 15, 2001 meeting. Thee motion was . adapted with Supervisors MacManus, Bradby, .Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman .Bradby called for consideration of the 'issue.of the Boykn's • Tavern Guidelines which- were tabled until tonight's meeting 6 eoaK 20 .~: ~:•~2 Supervisor Claud moved that the recommendations of-the Committees for Boykin's Tavern be adopted with the following changes and that the policy as adopted be returned to the Committees for guidance in developing specific rules for use, fees, and applications.: Under Number 2, paragraph 2, change to "in accordance with guidelines to be established; Under Number 2, paragraph 3, insert "such as performed by the Clerk of the Court" after weddings. and delete "which do not involve catering." 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 requested a status report from staff on his previous motion of September 20, 2001 to direct staff, in conjunction with the appropriate committees, to come back with a recommendation on how to address Joseph Ferguson's concern that the pear trees are hiding the view of Boykin's Tavern. Supervisor MacManus moved the Board direct staff to request representatives of Resource International to provide a presentation to the Board at its November 1, 2001 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.. Regarding ongoing issues with Charter. Communications, Supervisor Clark moved the Board authorize .the County Administrator and other representatives, as appropriate, to coordinate with the Cities of Suffolk and Franklin and Southampton County in a joint effort to take appropriate action to force compliance, as necessary, with regard to the franchise for cable service. 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 Bradby called for New Business. Supervisor Bradshaw moved the Board direct the County . Administrator to arrange a visit for himself and the County Administrator with representatives of Accommack County to learn how that County operates with regards to their administration and school system. 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 staff to correspond with the State Police and the County's Sheriff's Department to request they increase enforcement of speed limits along Smith's Neck Road. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and D 1 1 7 r eo~K 20 .~: ~4~3 Claud. voting in favor of the motion (5-0} and no Supervisors: voting against the motion. // Chairman Bradby called for Appointments. Supervisor Bradshaw requested the Board members contact their respective members to ensure they are attending the Parks and Recreation Committee and the Events Committee meetings. // Supervisor Claud moved the Board take a recess and return at 7:00 p.m. to conduct the public hearings. The motion was adopted unanimously (5-0). // Chairman Bradby called for a public hearing on the following: The. application of .Sustainable. Forests LLC, owner and the Isle of ; Wight County Board of Supervisors, prospective owner, for a change in zoning classification from RAC to Conditional Light .Industrial approximately two .hundred sixty-one (261) acres of ,land located on the west side of Old Mill Road (Route. 607), south of Old Suffolk Road (Route 636) and .north of the Norfolk Western Railroad, in Windsor Magisterial District. The purpose of the application is for an industrial park development. Chairman Bradby called for .persons to speak in favor of or in opposition to the proposed application. Patrick J. Small, .Director of Economic Development, stated the County is in need of industrial sites that will allow. businesses to locate in the County in a quick manner. He stated through the County's Capital Improvement Plan and Capital Budget process, funding has been allocated to acquire and develop such a new industrial park in the Windsor area in the Central Development Service District. He .stated staff has evaluated properties over the last .year in that corridor for .their close proximity. to Route 460. He stated criteria for this property is .that it had to be a minimum of 200 acres and situated in an area where its impact on adjacent property owners would be as minimal as possible.. He stated the property is not intended to be subdivided initially and utilities will be brought to the site utilizing funds currently in the Capital Budget. He stated. a major aspect of the project involves the realignment of Old Mill Road and staff is proposing to acquire the Gray tract.. consisting of 100. acres which will be suitable for use fora new access road. He stated a piece of Old Suffolk Road will be 8 i7UnP ~~ ~Y•,:~ 4~4 realigned and staff has met with VDOT in an effort to determine the best and afest alternative for an intersection. He stated VDOT -has notified staff than the County will not be required to improve the north part of Old Suffolk Road, .subject to staff producing properly engineered .plans that show it will work. He stated that staff will have to pull the proposed realignment of Old Mill Road more to the east and tie it into the northern part of where Old Suffolk now comes in. He stated the Planning Commission expressed concerns that the language be changed with regards to the lighting to be used at the. park to minimize spill-over out of the facility and that individuals that are developing these sites be encouraged to minimize any smoke, dust or' debris that might come from the property during the site preparation process. He further. introduced an additional proffer signed by the County .Administrator agreeing to the following conditions associated with the rezoning of this property: a) Provided an .entrance/exit to said Industrial Park is constructed in close proximity to tax parcel 62-01-004A, owned by Ora Dempsey and Sandra E. Martin, and they -deem their quality of .life and property value has been negatively impacted, the County will, at the Martin's request, purchase the said parcel at the appraised value at that time, but will pay- no less than the appraised value at the time of rezoning. The appraised .values shall be established by an independent Professionally Certified Appraiser who is selected by mutual agreement of .the property owner and County and, b) If the right-of--way is vacated at the Cabin Town property intersection, the owner of that property shall be provided some means of access to the rear of his property from a public road. He stated staff believes this adequately addresses the concerns of the Planning Commission, as well as those concerns addressed in the covenants and . restrictions. Supervisor Bradshaw requested VDOT consider installing synchronized lights once the actual traffic counts are complete. Supervisor Claud pointed out that once the` intersection has a traffic signal it should be safer than. it is today. He stated how the intersection will be handled on the north side generated concern by many citizens and he appreciated VDOT's efforts in working with the County so that it did not have to do anything on the north side until improvements are made. He stated .for the. record, the protection clause that. was offered to the Martins was also offered to Mrs.. G. R. Edwards, Jr. on Old Mill Road in case there was entrance or exit in close proximity to her property and that she elected not to participate. Supervisor Bradshaw stated the motion by the Planning Commission contained five (S) items. He asked if all these items were addressed. Mr. Small stated all but one (1) item was .addressed. He stated the Planning Commission recommended that staff-begin the process of seeking a "No Thru Trucks" sign near the railroad tract on Old Mill Road, however, staff had concerns that. it may affect logging. trucks, as well as farming 1 9 I~ i eo~h 2U ~r~:~-4~5 trucks, and staff would prefer to begin the project and if there is a problem with trucks utilizing this road and residents begin to complain, staff would pursue the process at that time for posting the road. Supervisor Bradshaw requested Mr. Small work with the Director of Planning and Zoning and the Planning Commission on the recommendation for "No Thru Trucks" to get their reasoning for making this a condition. Chairman Bradby closed .the public hearing and called for comments from the Board. .Chairman Bradby noted for the record .the following letter of opposition was received by the Board. Supervisor Claud moved the Board. approve the application of .Sustainable Forests LLC, .owner and the Isle of Wight County Board of Supervisors, prospective owner, as conditioned.. Thee 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 Bradby called for a public hearing on the following: The request of Eagle Harbor LLC for an .amendment to the approved Access Management Plan for the Eagle Harbor Development to allow an additional entrance (only into Tract. 9) off of Carrollton .Boulevard (Route 17) in Newport Magisterial District. Chairman Bradby noted that the Planning Commission has postponed the application at the request of the' applicant. Supervisor Claud moved- the Board approve the request of the applicant to postpone pending action by the Planning Commission. 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 Bradby called for a public hearing on the .following: The request of Eagle Harbor LLC for an exemption to the Isle of Wight County Zoning Ordinance Highway Corridor District, specifically Section 4207, to allow aminimum setback of thirty-five (35) feet rather than fifty (50) feet as required along Smith's Neck . Road (Route 669) for the Eagle .Harbor Development in Newport Magisterial District. Chairman Bradby noted that the Planning Commission postponed _the application at the request of the applicant. 10 eao~ 20 ~,;::~4fifi Supervisor :Claud moved the Board approve the request of the applicant to postpone pending action by the Planning Commission. 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 Bradby called for a public hearing on the following: The application of John M. Marshall for. a change in zoning .classification from RAC to Conditional General Commercial three (3) acres of land located at the terminus of Boundary Road (Route 2026) which is off the .west side of Smith's Neck Road (Route 665), Carrollton, in Newport Magisterial District. The purpose. of the application is for a general auction once a month, as conditioned. Chairman Bradby called for .persons to speak in favor of or in opposition to the application. John M. Marshall stated he purchased the property from his father when he was experiencing .financial difficulty in order to keep the property in his family and for him to hold auctions. He stated he was back before the Board because the proffered conditions had to be readvertised. Supervisor Bradshaw inquired if Mr. Marshall has yet acquired a County business license. Mr. ,Marshall replied "no." Phillip Marshall, brother of the applicant, requested the Board approve the application. Raleigh Johnson requested. the Board approve the application. Randolph Grey requested the Board approve theapplication. He stated the County needs this type of business in the County so that residents don't have to pay to have their "good junk" hauled off. Chairman .Bradby closed the public hearing and called for comments from the Board. Supervisor Clark moved the Board approve the application of John M. Marshall with proffered conditions. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-1) and Supervisor Bradshaw voting against the motion. u 1 D Chairman Bradby called for a public hearing on the following: ao~K 2Q .:~ 4~? The request of James S. and Barbara Y. Blesse for an .exemption to Section 5002 c (2)(b)(iii) of the Chesapeake Bay Preservation Area Ordinance to reduce the fifty (50) feet buffer area. Said property is located on Watch Harbour Circle, lot 7, in Gatling Pointe Subdivision, Smithfield, in Newport Magisterial District. Chairman Bradby called for persons to speak in favor of or in opposition to the request.. James S. Blesse, applicant, stated he purchased the property in Gatling Pointe six (6) years ago with the intention of building aone-story retirement home. He-stated before purchasing the .lot, he presented his one-story house .plans to three (3) .separate builders for verification that aone-story house could be built on the lot. He stated as he moved forward with his. one-story house plan he became more sensitive to various provisions of the ,Chesapeake Bay Preservation Area Ordinance. He stated he worked with staff and an architect and was successful in keeping the house outside the 50 RPA and the. result was a three (3) story house he now desires to build: on the lot. He stated his .revised. house plan fits inside a severely constrained building area. and does not intrude inside the 50 foot RPA buffer area or into the front or side setback areas. He stated the proposed BMPs meet the requirements of the County ordinance and he is requesting the Board approve his request for an exception to the Chesapeake Bay Preservation Area Ordinance and allow clearing and grading and an infiltration trench. within the buffer area. Charles Knight of .Carrollton stated he was required to abide by all rules and regulations when he built his home which was inspected by the Corps of Engineers and fronts, on Tidus .Creek. He stated all residents should be required to abide by the rules.. . Chairman Bradby closed the public hearing and called for comments from the Board. Supervisor Bradshaw stated .based on the County's ordinance, he believes the application must be sent back to the Planning Commission because of a technicality for their review and for them to give the Board a specific exception that they approved. Supervisor Bradshaw stated the Planning Commission: has never provided a recommendation as to which of the requirements that the application satisfied... County Attorney .Crook :stated the Planning Commission does not normally give the Board in a written statement all of their findings and the Board receives the entire record. from the Planning Commission. He stated it is not a formal requirement. that the. Planning Commission present the Board with a list of findings. He stated this. application went before the Planning Commission twice and every issue. relative to this. application was discussed. 12 BOOK 2U .~:-4~8 Supervisor MacManus inquired if the homeowner would be willing to have a porous driveway. Mr. Blesse stated this is agreeable with him, however, he would need to check with the Gatling Pointe Homeowners Association to see if a porous driveway is possible. Supervisor MacManus inquired. about the maintenance of the BMP. Mr. Blesse stated maintenance of the BMP is addressed in the Water Quality Impact Assessment and he would assure that the BMP is maintained. Supervisor MacManus moved the Board approve the request of James S. and Barbara Y. Blesse with the condition that a porous driveway be .constructed in accordance with the Gatling Pointe Community Guidelines. The motion was adopted with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion (4-1) and Supervisor Bradshaw voting against the motion. // Chairman Bradby called for citizens to speak who did not sign the Citizens Comments Register earlier in the meeting. Richard Cassell requested the Board take appropriate action to have the .bushes cut back at the intersection of Kings Cove Way and Route 17. He also noted that trash from the gas station is accumulating in the ditches along Route 17. Mr. Cassell further noted concerns with the drainage system installed for the service station. Supervisor Clark moved the Board direct staff to contact VDOT and request that the vegetation and right-of--way issues at Kings Cove Way be ..addressed and that Mr. Hartley inspect the drainage system to determine if here is a drainage issue. .The motion was adopted with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Richard Cassell, Jr. requested- the County take appropriate action to safeguard his property .from experiencing additional drainage problems when the Eagle Harbor property is developed. Harry Cassell addressed the Board concerning inadequate drainage from the RaceTrac to the area. Supervisor Clark moved the Board direct Mr. Hartley to arrange a meeting with the Resident Engineer and Mr. Cassell, Jr. on thisdrainage 1 1 13 9~QK ~ 2(l a.~:.) concern. Supervisor Clark indicated he would also be attending such meeting. The motion was adopted. with Supervisors MacManus, Bradshaw, Bradby, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. r--' 1 Supervisor Clark requested Mr. Hartley set a meeting (and contact him so that he can be present at such meeting) with Ms. Smoot, a resident of Vellines Road, regarding her concerns with storm drainage from the Eagle. Harbor development.. // County Attorney Crook presented a contract for the CarrsviUe Volunteer Fire Department pwnper for the Board's consideration which he approves as to form. Supervisor Bradshaw moved the Board. approve the ..contract -and authorize -the Chairman to sign 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 .requested a closed session under Section 2.2- 3711 Al of the Freedom of Information Act concerning a personnel matter and under Section. 2.2-3711 A7 concerning a legal matter involving legal advice and under Section 2.2-3711 A3 concerning acquisition of public ProPerh'• // . Upon returning to open session, Supervisor Bradshaw 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. ~?Vith the provisions of the Virginia Freedom of Information Act; and, WHEREAS, 2.2-3712D 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 BOQK 7~~ ~'ljO Virginia law were. discussed in the closed meeting to which this .certification resolution applies, and"(ii) only such public business matters as were identif ed in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE ,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 Supert'isors voting against the motion. Supervisor Claud moved the Board authorize the Director of Economic Development to have the Norton property on Old Mill Road appraised. 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 authorize the County Attorney to close on the Sustainable Forrest and Gray properties as soon as possible and ..proceed to transfer the properties to the Industrial Development Authority. 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. // At 6:55 p.m., Supervisor MacManus moved the Board continue its meeting to 1:00 p.m, on November 1, 2001 for the purpose of meeting with the Parks and Recreation Advisory Committee. 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. • W • _ W. Dougl C cey, Clerk Henry H. Bra y, airman 15