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04-03-2003 Regular Meeting r REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS-HELD THE THIRD DAY OF APRIL IN THE Y'FAR TWt) THOUSAND AND THREE v PRESENT: Richard K. MacManus, Chairman Stan D. Clark, Vice-Chairman Phillip A. Bradshaw Henry H. Bradby Robert C. Claud, Sr. _ Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Casket', County Administrator Donald T. Robertson, Assistant County Administrator/Director of • Human Resources Carey H. Mills, Recording Secretary Chairman MacManus called the meeting to order at 4:00 p.m. // ' Supervisor Bradby delivered the invocation. • it The Pledge of Allegiance was conducted. // Chairman MacManus called for approval of the agenda. Supervisor Clark requested that Citizens Comments be heard after the Consent Agenda and' before Regional Reports. County Administrator Casket' requested that- the. Resolution to Proclaim the Week of April. 14 Through April 19, 2003 as -Isle of Wight County Public Safety Telecommunicators Week, listed as Item (B) under the County- Administrator's section of the agenda, be considered before. Special. Presentations. ` _ County Attorney Stroman requested closed session matters under Section 2.2-371I.A.7 of the. Freedom of Information Act concerning consultation with legal counsel and Section 2.2-3711.A.1 concerning a personnel matter be added to the closed session at the end of the meeting.. Chairman MacManus requested. that the closed session follow the budget work session. :~ . 1 Supervisor Clark moved the.Board approve-the Agenda, as amended. The motion was adopted (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. // -Sherri A. Bush, Director of Communications Center, recognized Margaret Zerick; Kimberly Rideout; Tracy Pierce;. Cynthia Outten; and,. Justin Hundley. Supervisor Claud. moved the Board adopt the following Resolution to Proclaim the Week of ,April 14 Through April 19, 2003 as Isle of Wight. County Public Safety Telecommunicators Week: . RESOLUTION, TO PROCLAIM THE. WEEK OF APRII. 14 THROUGH APRIL 19, 2003 AS ISLE OF WIGHT COUNTY. PUBLIC SAFETY TELECOMMUNICATORS WEEK WHEREAS, dedicated Public Safety Telecommunicators daily serve the citizens of Isle of Wight County by answering their calls for law enforcement, fire and .emergency medical services and by dispatching the appropriate assistance as quickly as possible; and WHEREAS, professional Telecommunicators work to improve the emergency response capabilities of the communications system through their dedication,. hard work, and participation in ongoing training and other programs; and WHEREAS, Public Safety Telecommunicators provide an essential service to all citizens and often work long hard hours without proper recognition by our community; and WHEREAS, these. professionals need and deserve the informed support of our community to continually maintain and improve the quality of Public Safety, dispatching services; and, WHEREAS, the County of Isle of Wight has designated the second full week of April as a time to honor and. recognize our Public .Safety Telecommunicators and the vital contributions they .make to the safety and well being of our citizens. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 14-19, 2003, be proclaimedas Isle of Wight .County Publie Safety Telecommunicators Week and urge all citizens to take note of this special week and give due honor to .our County's Public Safety Telecommunicators. 2 90^N 2~ -r. ~ ~ 13 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Night, Virginia is authorized to do all things necessary to give this resolution effect, The motion was adopted (5-0) with Supervisors MacManus, Bradby,. Bradshaw, Clark and Claud. voting in favor of the motion, and no Supervisors voting. against the motion. // Chairman MacManus called for Special Presentations. Kay Kemper, President, Kemper Consulting,. addressed the Board on the efforts and progress made during the 2003- .General. Assembly Session relative. to the County seeking enabling authority to levy a tax on the sale of ci arettes. g Dr. Lawrence Gernon, Health Director, briefed the Board on mosquito . control and the West Nile Virus. He recommended the County consider. a mosquito surveillance program wherein it would -share personnel and equipment with Suffolk. u Chairman MacManus indicated the Consent Agenda (Item 2) included the following items: A. OfFice on Youth -Report B. Resolution to Authorize Submission. of a Grant Application and to Accept and Appropriate Funds from the Virginia.Department of Criminal Justice Services C, Resolution to Authorize Submission of a Grant Application and to Accept and Appropriate Funds. from the Virginia Department of Criminal Justice Services D. Dry Well Replacement Program. E. DEQ/Public Notices for-March 24,.2003 F Action List Status Update ~ . G. March 10, 2003 Regular Meeting Minutes - H. March 17, 2003 Continued Meeting Minutes .~: 3 eaoK 21..~P544 Chairman MacManus asked if there were any items for removal.. Supervisor Claud moved the Board adopt the Consent Agenda. The motion was adopted. by a vote of (4-0} with Supervisors MacManus, Bradby, Clark and Claud voting in favor of the motion; no Supervisors voting against: the motion; and, Supervisor Bradshaw absent for the vote. // Chairman MacManus called for Citizens Comments. Lisa Stephens, .Lot 46, Eagle Harbor; requested that the Board take action to not allow apartments to be built at the front of her neighborhood. She presented a petition and noted nineteen. (19} of the twenty-one {21 } residents were not informed when they purchased their homes that there would be apartments in the neighborhood. She stated she learned about the apartments: two (2} weeks ago at a meeting of the Homeowners' Association. She stated she specifically asked sales representatives what was being built . around the neighborhood before signing her contract, to which she received varying responses and no mention at all of apartments. She stated the Carrollton Elementary School is already filled to capacity and how will :the addition of 244 non-tax paying residents- help pay for adequate public facilities. She stated every homeowner in-Eagle Harbor has paid $12,000 to be earmarked for new and improved schools. She. noted that she was also not informed that the Carrollton Elementary School is already filled to capacity. She stated there were many things prospective homeowners were not informed about. before signing their contracts. She stated East West . Partners originally marketed the homes as gas and electric when, in fact, the homes were propane and electric until .three (3} weeks' ago. She requested the Board consider the integrity and moral character of the developers seeking to build in the County in the future. Margaret Eubanks, Lot. 52, Eagle Harbor, noted she inquired .about what was proposed to be built around her neighborhood before she made her commitment, and she was not informed about the apartments at all, which would have changed her mind. She stated she was informed that Phases I and. 2 would include only single-family homes and that condominiums and townhouses would be built across the street. Missy Perry, Lot 48, Eagle Harbor, stated she was advised that multi- familyhousing would be located across the street, and these would consist of condominiums. She stated natural gas was also marketed to her. Jo Fowler, Lot 53, Eagle Harbor, stated she has experienced Branch Lawson to be unethical and deceiving. She stated the homeowners' . association meeting consisted of unethical topics and patronizing votes. She stated the builders had thirty-.nine (39) votes. and the tenants had ,seventeen 4 rt r eo~i • 21;~~~-5~5 (17) votes.. She .stated Mr. Lawson, as well as the-sales associates, provided her with misleading information when she purchasedher home. Supervisor. Clark moved that the .Board authorize. the Director of Planning and Zoning, the County Attorney -and himself to meet. with the above citizens. of Eagle Harbor at the Carrollton Ruritan Club to provide. them with guidance and discuss to what degree the County has involvement with .construction within the Eagle .Harbor subdivision. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and ,Claud voting in favor of the motion, and no Supervisors voting against the motion. Mildred Staples of Fire Tower Road reiterated her request to the Board at its January 2, 2003 meeting to take appropriate action to ,control ATV noise and dog barking in a residential neighborhood.. Coun Attorne Stroman stated. that the Board, under New Business, ty y at its January 2, 2003 meeting, by motion of Supervisor Bradshaw, moved. to request that he .consult with the Sheriff; research what other surrounding . localities are doing with respect to ATVs; and, that a report be brought back to the Board. fIe noted that he would set up a meeting-with the Sheriff to request the-status since his last report to the Board. _ - Jim- Holthoff of Rescue noted that the proposed .bridge in Rescue is designed for both vehicular and marine traffic. He stated upstream there is two (2) miles of deep, navigable water and it is a right of every person to be able to use this water. He stated the County also built a boat ramp upstream that is utilized by many boats, even during -the winter. He stated to change the design at this point in time will be tremendously costly to the County, and it will be several years before a new bridge can be .designed and built. He stated he is in favor of moving forward with construction of the bridge without further delay.. Linda Farmer of Rescue advised that she was informed by VDOT yesterday that the- slope coming off the hill is going to extend forty (40) feet from the- center of the road into .her dad's .property. She stated VDOT has compensated here dad for a temporary easement for use of his land during construction, "but has made no mention of having to .use his land permanently. She- stated in-1993, VDOT ceased construction because the approach from the west end slid into the creek. She noted it is the • responsibility of VDOT engineers to figure out what will and will not work and .the County is still paying. for that mistake. She noted VDOT did not present the proposal to the County as it truly is going to be built, and VDOT should be held responsible for any additional costs of redesigning the bridge as the problems being incurred are a result of VDOT's actions, not the.. County. 5 . 4. x 6A9~ ~1 .r '~~~ Grace Keen addressed the Board on the recent "Grappling :With Growth" forum; encouraged the Board o reconsider her previous request to renovate the bathrooms at Nike Park as this location is also used as a voting precinct; requested. the timeframe for the -new building at Nike Park; and, notified the Board that the. shoesalesman is again. operating along.Route 10 in violation of County codes and request staff to investigate. Debbie Elliott addressed the Board concerning a ,proposed Isle of Wight WAVE to be held the first full week in July, 2003. She noted the WAVE will begin at -8:30 a.m. and the fairgrounds will be vacated by 8:30 p.m. nightly, except the last night. // Chainman MacManus called for Regional Reports. Supervisor Claud reported that a meeting of the Executive Committee of the Coalition of High Growth Communities was held in Richmond on March 31, 2003. He noted an agenda is being.. developed. for a full membership meeting scheduled for June 26, 2003. He stated there is a tot of work for the Coalition members to do during the Summer because some of the commissions that were appointed at the last .General Assembly session are to deal with land use .issues.. He noted that work. needs to begin during. the Summer and Fall on the cigarette tax. Chairman MacManus reported that the- Southeastern Public Service Authority did reach a $49 tip fee -for solid waste, creating a $70,000 savings needed to help offset the budget deficit. Chairman MacManus reported that .the Secretary of Transportation addressed the Hampton Roads Partnership and indicated .progress is being made to more accurately set up projects with. the amount of revenue that will truly be received, as well as providing more accurate estimates on projects. He stated the Secretary. of Transportation also addressed the Dashboard concept recently implemented by VDOT so that projects can be monitored on-line. /i Chairman MacManus called for Transportation Matters. James A. Randolph, presented the issue of the Rescue Bridge (Route ?04) project. MacFarland Neblett, Resident Engineer, Virginia Department of Transportation,. distributed a fact sheet prepared by VDOT and dated April 3, 2003 on the Rescue Road project. He .stated the Board, at its regular meeting of March 20, 2003, requested that VDOT look. at`the possibility of 6 .lowering- the speed .limit and restricting truck .traffic.. He stated he has met with .the VDOT District and Central offices, bridge designers, .and.. the project inspector to .review the Board's request. He stated stopping the project would be very costly and a redesign would like result in a delay of several months, if not years. He stated the present bridge has been dismantled and any redesign would prevent. residents from having access to cross Jones. Creek between Rescue and Battery- Park. He stated VDOT could, in reality, have to buy the contractor out of the project.. He stated the funding fora .change in the plans of the new project would .need to be .determined, and that funding..for the change in plans could very well fall back on the County.. He stated as far as VDOT-not giving property owners a clear picture of the impact the new bridge would .have ,upon .properties, he believes. there has been some miscommunication in the past about: the height of the fill leading to the new bridge. He stated preliminary.. information was . presented at the public hearing, but the .plans had not been completed. He stated VDOT is committed to meeting the County's desire to build this new bridge, while working with the neighboring homeowners to minimize the impact to their property. He stated VDOT is desirous of meeting -with the Carters to make the slope of the. fill embankment more attractive. He stated - if the project proceeds as is, VDOT will work closely with the Carters to come up with a solution that is acceptable. He stated VDOT's right of way section is also investigating if Mr. Carter is .eligible for compensation for visual impact to his.. property. ~ Joe Lomax, VDOT project engineer, stated the contract value of the new bridge is $3,258,335.45. The project is projected to be complete over. an eighteen (18}-month period which equates. to a daily value of $6,326. He stated to date VDOT has paid the contractor. $843,791 or 26% of the . contract value. Approximately $250,000 in materials ,has already been purchased for the bridge. He stated if the fill is changed, it would be unsafe for traffic as it comes ofd' the bridge. Mr. Lomax stated the curve... data and geometric standards do not allow a peak in the middle of the bridge, instead the bridge must continue to rise to make the clearance at seventeen (17) feet. He stated until the Board makes a decision on what course of action it. wants to take, VDOT can .not provide a cost impact. Supervisor Clark moved that the Board direct VDOT to evaluate a .variance from its standards for the Rescue side of the bridge to .determine if the speed limit can be reduced to 25 mph to accommodate a lower approach; that VDOT is to come back with information on the compensation aspect to provide the Board confidence that the Carters will be compensated appropriately for the loss of pleasure .they will experience with their property; and, that VDOT is to come back with a firm plan on agreeable landscaping -with the Carters. to mitigate the- impact to -their property. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion, and no Supervisors voting against the motion. ?- .~ ., aoQN 21.::54$ Supervisor Claud requested that Mr. Neblett invite Bruce: Jones. to the Board's. meeting on April i 7, 2003.. to bring additional information. Mr. Randolph notified. the Board that .the District Quarterly meeting with VDOT is scheduled for Monday, April 28, 2003. at ,1:30 p.m. in Boykins .Tavern.. He stated he would have an .agenda developed for :the ..Board's April i 7, 2003 meeting at which time the Board will have an additional opportunity to add topics of discussion. Chairman MacManus notified the Board of his receipt of letters from citizens with :respect to litter along Nike Park, Titus Creek, .Reynolds Drive and Smiths Neck Road. Mr. Randolph noted he would work with -the Director of Public Works in an effort to address these concerns. John Perry of Rescue expressed. his concern that. VDOT has not adequately. addressed the issue of traffic safety. He stated there is a home across from the post office that is located not more than fourteen (14) feet from the edge of the .pavement and VDOT needs to reconsider the impact of speed in this community. ..Grace Keen requested the status of the signs on the James River Bridge to advise motorists of trafl"ic accidents. Supervisor Bradshaw suggested Mrs. Keen speak with ,the Commonwealth Transportation Board. // Chairman MacManus called for the County Attorney's report,. County Attorney Stroman requested a closed meeting .under .Section 2.2-3711.A.7 for. consultation with -legal counsel regarding specific legal matters requiring the provision of legal advice. County Attorney Stroman noted that a legal claim was presented to the Board at it March 10, 2003 meeting, at which time he agreed to confer with counsel for .the claimant to discuss a possible resolution of the .claim. He noted that he spoke with counsel for the claimant today and recommends that the.Board table the matter until its May 1, 2003 meeting to allow him time to discuss. a potential. resolution with the claimant. Supervisor Clark moved the Board -table consideration of the matter until the Board's May 1, 2003 meeting. The motion was adopted (4-0) with Supervisors MacManus, Bradby, Bradshaw and Clark voting in favor of the motion; no Supervisors voting against the motion; and, .Supervisor .Claud absent for the vote. 8 r • n H04~ 21=;.''~4i1 . County Attorney Stroman presented for the Board's consideration a Facility-Use Agreement between the School -Board of Isle of Wight County and the Board of Supervisors of Isle of Wight. County and a Resolution to Adopt the Facility Use Agreement between .the School Board of Isle of Wight County and the Board of Supervisors of Isle. of Wight County which he recommends the Board approve. Alan S. Nogiec, Director of Parks and Recreation, stated the . Agreement provides clarification and support for use of school and County .facilities. He stated this .also- set the stage for Parks and Recreation being involved in discussions and planning of future school facilities to make them true public use facilities. Supervisor Bradshaw moved the Board approve the Facility Use Agreement between the School Board of Isle of Wight County and the Board of Supervisors of Isle of Wight County .and the following Resolution to Adopt -the Facility Use Agreement between the School Board of Isle of ' Wight County and the Board of S-upervisors of Isle of V~ight County: RESOLUTION TO ADOPT THE FACILITY USE AGREEMENT BETWEEN -THE SCHOOL BOARD OF ISLE OF WIGHT COUNTY AND THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY WHEREAS, there is increased demand on recreationalfacilities; and, WHEREAS, schools and parks are a major focal point of this community; and, WHEREAS, the .citizens will benefit by the additional access to publicly owned facilities; and, WHEREAS, cooperative use of facilities is a .more. efi'icient .way of ~ spending public funds; and, WHEREAS, there. is a legislative .mechanism allowing schools to open their doors to public recreation. program's during those times when schools are not being used -for school sponsored activities, NOW TI~REFORE, BE IT RESOLVED by the Board of Supervisors that the County. and School Board support the establishment of a cooperative use agreement between ttie County and School Board to encourage maximum use of school facilities and public parks' on the part of the citizens . of Isle of Wight County.. The Chairman is hereby authorized to execute the agreement on behalf of-the Board of Supervisors. r.: , 9 . .,- ~eoo~ 21:,.550 -The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, .and no Supervisors voting against the motion. // Chairman MacManus called for-the Community Development Report. Jonathan W. Hartley, Director of Planning and Zoning, presented. an overview of the Erosion and Sediment Control Program Review by the Virginia Department of Conservation and Recreation (DCR). He stated the County needs to have certified Program Administrator, the County's .ordinance needs to be updated; the County needs a certified Plan Reviewer,. and, the County needs to document inspections; and, enforcement must be done based on .those inspections. He stated included in the Board's agenda is a draft letter to DCR outlining a .program to get .the County back into . compliance. Supervisor Clark requested that .the Board receive immediate notification from Mr. Hartley on violations. `Chairman MacManus recommended that Mr. Hartley .make only factual statements in his letter to DCR. Supervisor Clark inquired the status of the violations at Eagle Harbor. Mr. Hartley advised Supervisor Clark. that staff is following up on a number of violations occurring on Whippingham Parkway. Mr. Hartley distributed to the Board an excerpt of the County's proposed Zoning Ordinance with respect to planned development districts and supplements to the County's regulations.: He noted he would continue to forward updates to the Board. as they are completed by the Planning Commission. // Chairman MacManus called for the Economic Development report. County Attorney Stroman presented a Resolution of the Board of Supervisors of the County of Isle of Wight Authorizing the Issuance of Up to $16,000,000 Revenue Bonds for the Benefit.. of International Paper Company for the Board's consideration. Supervisor Bradshaw stated as he is a former employee of .International Paper and still has business ties with the company, he will not be participating in discussing or voting on the Resolution due to a potential .conflict of interest. 10 n ~. !' e0e~ . 21~ :~ :~ ~~1 Supervisor Claud moved the Board adopt the following Resolution: . RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT AUTHORIZING THE ISSUANCE OF UP TO $16,000,000 REVENUE BONDS FOR -THE BENEFIT OF INTERNATIONAL PAPER COMPANY WHEREAS, the Industrial Development Authority of the County of Isle of Wight (the "Authority"), .has .considered the application of International Paper Company {the "Company") requesting the issuance of the Authority's revenue bonds. in an amount not to exceed $ l 6,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, installation, construction and equipping of certain sewage and-solid waste disposal facilities at the Company's paper mill (the "Mill'') in the County of Isle of Wight, Virginia, as described in Exhibit A attached hereto (the "Project") located at 34040 Union Camp Drive, Franklin,, Virginia 23851, in the County of Isle of Wight, Virginia, and has held a public hearing on April 2, 2003; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must. approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of .Isle of Wight, Virginia (the "County"); the Project is located in the County and the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board") constitutes the highest elected governmental unit of the County; WHEREAS,. the Authority-has recommended that the Board approve the issuance of the Bonds;. and WHEREAS, a copy of the ,Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement- have been filed with the Board. .NOW, THEREFORE, BE IT .RESOLVED BY THE BOARD OF ~ SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT,. VIRGINIA: ~ 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 147(fl of the Code and Section 15.2-4906 of thee. Code of Virginia of 1950, as amended {the ``Virginia Code") to permit the Authority to .assist in the financing of the Project. _.3 11 - .~ -,oo~ 21~~-552 2. The approval of the issuance of the. Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company. 3. Pursuant to .the .limitations. contained in the Temporary Income Tax Regulations Section Sf.103-2(fx 1), this resolution shall remain in effect for a period. of .one year from the date of its adoption. 4. The Board .directs the County Administrator to request an allocation of the State Ceiling (as defined in Section 15.2-4500 of the Code of Virginia of 1950, as amended) in .accordance with the. applicable provisions of the Code of Virginia of .1950, as amended, and any regulations or executive orders-issued thereunder. 5. This resolution shall take effect. immediately upon its adoption. The motion was adopted (4-0) with Supervisors MacManus, Bradby, -Clark and Claud voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Bradshaw abstaining from discussing and voting on the motion. // Chairman MacManus called for the County Administrator's report. County Administrator Caskey presented a Resolution to Designate April 27 -May 3, 2003 as Volunteer Recognition Week for .the Board's consideration. Supervisor Bradshaw moved the Board adopt the following Resolution: z T RESOLUTION TO DESIGNATE APRIL 27 -MAY 3, 2003 AS VOLUNTEER RECOGNITION WEEK WHEREAS, we are a nation that was founded by individuals who have dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was. founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, .WHEREAS, the number of individuals engaging in volunteer work and the important variety of services provided increase each year, providing challenges and fulfillment, rich rewards from helping others, improving skills, and widening one's horizons; and, ,. 12 R eo~r 2~ .~~JJ~ WHEREAS, it is appropriate- to recognize and to honor -the numerous contributions of the -many volunteers serving. the County of Isle of Wight, as well as this .Commonwealth of Virginia, -and. to join in -with. State and national leaders to set a special time for such recognition. NOW, THEREFORE, BE IT AND IT' IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia. that the week of April 27-May 3, 2003 be designated as Volunteer Recognition Week. The motion was adopted {5-0) with Supervisors MacManus, Bradby Bradshaw, Clark and Claud voting in .favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution to Designate April 27 -.May 3, 2003 as Juvenile Conference Committee Volunteer Week for the Board's consideration. . Supervisor Clark moved the Board adopt the following Resolution: RESOLUTION TO DESIGNATE APRIL 27 -MAY 3, 2003 AS JUVENILE CONFERENCE. COMMITTEE VOLUNTEER WEEK WHEREAS, the Juvenile Conference Committee- is a voluntary diversion program of the Tidewater Regional Group Home Commission that serves as an alternative to the formal juvenile justice system for first-time. juvenile offenders with misdemeanor charges; and, WHEREAS, the Juvenile Conference Committee fosters a sense of responsibility. and accountability for a juvenile's inappropriate conduct and behavior in an effort to deter the juvenile from further involvement in the juvenile justice system; and, WHEREAS, the .Juvenile Conference Committee consists of citizen '• volunteers living or working in Isle of -Wight County who demonstrate . concern and a commitment to a diversion effort in .redirecting troubled youth from further involvement with the juvenile justice system; and, WHEREAS, the Juvenile Conference Committee volunteers facilitate resolutions to the problems of at-risk youth and their families and seek to connect them to needed-community services and resources; and, WHEREAS, the Board of Supervisors wishes to recognize the contributions of the volunteers serving on .the Juvenile Conference Committee.. ;. 13 I ~, s i®;i~ 21:.,.54 NOW, THEREFORE, BE TT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 2?-May 3, 2003 be designated as Juvenile .Conference Committee Week. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors .voting against the motion. County Administrator Casket' presented a .Resolution to Recognize National Library Week for the Board's. consideration,, Supervisor Claud moved the Board adopt the following Resolution: RESOLUTION TO RECOGNIZE NATIONAL LIBRARY WEEK WHEREAS, our nation's libraries and librarians play a vital role in connecting millions of people with the resources they need to live, learn, work, govern and .thrive in the 21st Century; and WHEREAS, Americans use libraries to find jobs, to learn to read, to be literate online, to find vital health facts, to research their environment and diets -and to find food for our souls; and, WHEREAS, free people need free libraries, and America's libraries, are the cornerstones of our democracy; and, WHEREAS librarians are the guardians of free access to information and resources; and, { WHEREAS, every library -whether public, school, academic or special -has something unique to offer that ties its community to the very concept of a free people in a free land; and, q4 1 _ WHEREAS, a library is just as important a part of a community's infrastructure as any road, bridge, public building or utility; and, WHEREAS, libraries are places of opportunity, education and self- help; and, ,_ WHEREAS, in times of economic instability, Americans turn to and depend on their libraries and librarians;. and, WHEREAS, awareness and support must be increased for libraries. by increasing the visibility of libraries in a positive context. and by communicating clearly and strongly why libraries are both unique and valuable; and, 14 L _ eo~r~ 21 j ~~ ~~~5 WHEREAS, we must ensure -our libraries have a future with sustained funding and support; and, WHEREAS, libraries and library. supporters .across America and beyond are celebrating National Library Week with The Campaign for America's Libraries, "@ your library". NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board. of Supervisors of the County of Isle of Wight, Virginia that. April 6-12, 2003 be designated as National-Library Week. BE IT FURTHER RESOLVED that all citizens be encouraged to support and use their library. The motion was .adopted (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting m favor of the motion, and no Supervisors voting against the motion. . County Administrator Caskey presented a request. received from the School .Board for carryover of funds to FY03-04. He noted approval of this request will result in the return by the General Fund to the school .fund unspent funding of up to $250,000 in FY03-04 to the school division in } FY04 thus eliminating .the potential increase to the general fund unappropriated fund .balance. Supervisor- Clark moved the- Board approve the request of the School Superintendent to approve the anticipated carryover funding of .approximately $250,000 from FY02-03 to FY-03-04 to assist with meeting- the, proposed operating needs of the schools for FY04. The motion was adopted (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and . Ciaud voting in favor of the motion, and no Supervisors. voting against the motion. County Administrator Caskey presented a Resolution to Appropriate School Construction Funds from the Unappropriated Fund Balance of the General Fund for the .construction of a New Smithfield Middle School for the Board's consideration. He stated this request would reduce the general I :fund unappropriated .fund -balance by $2,225,000 with an anticipated refund to-the general fund upon issuance of anticipated school bonds in FY05. Supervisor Claud. moved the Board adopt the following Resolution: RESOLUTION TO APPROPRIATE SCHOOL CONSTRUCTION FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL. FUND FOR THE CONSTRUCTION OF A NEW SMIT1EiFIF.LD MIDDLE .SCHOOL 15 ~~ . Boor 2~ :;~^~~Js .WHEREAS, the Board of Supervisors of the County of Iste of Wight, Virginia has .approved. the advance of funds for architectural, engineering, .and construction management services associated with the construction of a new Smithfield Middle School; and, WHEREAS, the funds in the amount of two million two .hundred. twenty five thousand dollars ($2,225,000) need to be appropriated from the unappropriated fund balance of the General Fund to the School Construction Fund for the construction of a new Smithfield .Middle School in the FY 2002-03 Operating Budget of the County of Iste of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY' RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that. two million two hundred twenty five thousand dollars ($2,225,000) from the unappropriated fund balance of the General Fund be ,appropriated to the School Construction. Fund in the FY 2002-03 Operating. Budget of the County of Isle of Wight. . BE IT FURTHER RESOLVED that the County Administrator of-the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all the. things necessary to give this resolution effect. The motion was adopted (5-0) with- Supervisors MacManus, Bradby, Bradshaw, Clark .and Claud .voting in favor of the motion, and no Supervisors voting against the motion Supervisor Bradshaw moved that the.School Board provide the Board of Supervisors, as soon as practical, with the operational cost of the proposed school.- The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board request the School Board provide the. Board of Supervisors with information on tha f nancial impact on the realignment of school attendance .districts at the northern end- of the County. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Donald T. Robertson, .Assistant- County Administrator/Director of Human Resources, noted that staff intends to have State representation present at the Board's .April 1?, 2003 meeting to provide additional information on the Federal. Revenue Maximization Program and answer any questions the Board may have at that tune. He stated the report identifies the .act that put REVMAX into place as the Social Services Act,. and this should be the Social Security Act. 16 ~o~~ 21 ~h~-557 Supervisor Clark requested that Mr. Robertson calculate .and report back to the Board on what it will .cost the County to initially enroll in the program, and any associated budget impacts. County Administrator Caskey presented a Resolution to Amend the " Sections 5.0, S.l, S.S, S.9, and S.l l of the. County Personnel Policies and Procedures Manual to accommodate the change in pay frequency that was approved by the Board. previously. County Attorney Stroman noted under Section S.S (Sick Leave) there is a change from employees "shall" retain all benefits of seniority while on appropriate approved -sick leave to "may" retain. all benefits of seniority while on appropriate approved. sick leave. Anne. Seward, .Director of Budget and Finance, noted that the wording should be "shall".and not "may." u County Attorney Stroman suggested that the policy the. Board votes on .revert to the original wording of "shall" in that provision. Supervisor Claud moved the Board adopt the following Resolution, with the amendment of~'ered by the County Attorney to change under Section S.S (Sick Leave) to reflect amended wording that employees "shall" retain all benefits and seniority while on appropriate approved sick leave:.. RESOLUTION TO AMEND THE SECTIONS 5.0, 5.1, S.S, 5.9, AND 5.11 QF THE COUNTY PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, the Isle of Wight County Personnel Policies and Procedures Manual addresses the County's. policies and procedures regarding sick leave, annual leave, and leave without pay; and, WHEREAS, Sections 5.0, S.l, S.S, 5.9, and 5.11 of said Personnel Policies and Procedures Manual is to beamended to reflect changes so as to accommodate a bi-monthly pay cycle and benefit accrual .process. NOW, THEREFORE, BE IT -AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Wirginia, that Article V, - Leave Provisions, Sections 5.0, S.l, S.Sy 5.9, and 5.11 be amended to read as follows: Section 5.0 ~ Annual Leave All regular full-time employees of `Isle of Wight County shall be granted annual leave based on an eight (8) hour work day. Leave shall be charged to 17 ~~ . ; ee~r 21-~ -558 the nearest one-hour increment. Eligible employees separating ft`om County employment shall be compensated for unused annual leave in the subsequent pay period after termination. Section 5.1 . Calculated Annual .leave shall be calculated at the end of each. pay period in accordance with the following schedule: Yearn of Service Accrual Maximum* 0 -. 5 Years of Service. 1.00 day per month 36 days 5+ - 10 Years of Service 1.25 days per month 36 days 10+ - 15 Years of Service 1.50 days per month 36 days 15+ - 20 Years of Service 1.75 -days per month 36 days 20+ Years of Service 2.00 days per month 36 days Regular full-time .employees on leave without pay for more than half of the workdays per pay period will. not accumulate vacation days for that pay period. * Employees may .exceed the maximum accrual .amount of 36 days during ..the fiscal year, however, nomore than 36 daysmay be carried-over from one fiscal year to the-next fiscal year.. Section S.5 (S ick. Leave) Calculated Sick leave shall be accumulated at the rate of one half day per pay period worked and will accrue at the end of each pay period. Regular. full-time employees. on leave without pay for more than half of-the work days per pay period. shall. n©t accumulate. sick leave fore that pay period: Sick leave may be carried .over from year to year. Employees shall retain all. benef is and seniority while on approved. sick leave. Section. 5.9 Payment of Sick Leave Upon Retirement Eligible employees with-five or mare years of vested service who retire from service shad be paid in one sum for twenty-five percent (25°fo) of their-sick leave balance .provided, however, that the total amount paid for sick leave shall. not exceed $2,500.00. Eligible employees .separating from County employment shall be compensated for. unused sick leave in the- subsequent 18 n . _ t eo~K ~ 21 ~ ~ -:559 pay period after termination, The remaining seventy-five percent (75%) of their sick leave shall lapse. Section 5. t l Leave. Without Pav The County Administrator may. grant a leave of absence without pay for a period of up to f ve (5) days if conditions warrant. An employee is required to request in writing- the. reason(s) for leave without pay status. An extension of .this leave period may be granted if approved by the County Administrator. Leave without pay shall be granted -only when all other eligible leave time (sick, vacation, compensatory, etc.) has been exhausted When leave without pay has not been granted, the employee shall be on unauthorized leave. When leave without pay occurs before or after a holiday no credit in pay will be given for the holiday. An employee on leave without pay for more -than half of the work days in a - pay period .shall not accumulate annual or sick days for that pay period or -receive- .any County .provided match benefits for that pay period. An .employee on leave without pay for more than half of the work days per calendar month shall not earn. credit for retirement in the Virginia Retirement System nor receive the local contribution for life insurance coverage for than month. Should the employee elect to continue benefits while on leave without pay, the employee may elect to reimburse the. County for such benefits to include any required County match. The- motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Lyle D. Hornbaker, Information Services Coordinator, presented the issue of posting the Planning Commission Agenda to the County's website to the Board. Chairman MacManus noted he would like electronic images of maps and plats to be included as part of the minutes. Mr. Hornbaker advised the Board that this would requite significant hardware/software upgrades. Chairman MacManus noted that he did not want to put the burden on County staff,. rather. the applicants coming before the- Board. He .stated it would be .easy. for the larger f rms to do this on the larger projects where the County has a lot. of citizen interest. He stated it hard for citizens to .participate if they can not get access to-the information except by coming to the Courthouse or a library. .; 19 4 - ~ L eao~ 21 ~~h~~60 Mr. Hornbaker stated even though the information is produced in electronic format, most of these firms are still set up to produce he hard copy, and he would like an opportunity to research this more,. // Chairman MacManus called -for Old Business. County Administrator Caskey presented .information with respect to storage of shipping (cargo). containers, as a follow-up to prior Board directive. He stated there is not much out there in terms of the County's neighbors having much regulatory .authority at this point in .time. He stated the Hampton Roads Planning District Commission has indicated that. its staff will be evaluating a regional solution which will be monitored by staff County Administrator. Caskey requested that the Board provide direction to staff with respect to a mosquito control program. Supervisor-Claud moved that the Board direct staff to come back with a specific proposal at a subsequent meeting. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against the motion. Mr. Robertson noted the Grants Writer/Administrator position is being I brought back to the Board in response to a request to look at how this position could be combined. with the overall, REVMAX program... He stag the REVMAX program is time and labor intensive on the front end which would have an impact on a person's ability to do that and: grants writing/administraton. He stated at the point the REVMAX program stabilizes, that person could begin to focus that time on grants writing and administration. He: stated as he brings the Board additional. information on the REVMAX program, he will keep the grants writer position in mind. Supervisor Bradshaw concurred with staffs recommendation to see how much the :County can utilize the REVMAX program before proceeding.: Supervisor Claud requested that staff provide information on the grants research. and procurement services utilized by the City of Franklin to see what grants are available. Supervisor Bradshaw requested Mr. Robertson contact the various foundations to see what is available and what the County needs to do. Richard O. Childress,. Director of Emergency Management, presented the Fire and Rescue Association's recommended adjustment to the 2003-08 CIP, as follows: Move $100,000 of the Carrollton Rescue-Pumper Truck. from FY2003-04 to FY2005-06, freeing up $100,000 for the Carrollton Fire Station in FY2003-04; move $75,000 of the Carrsville Ladder Truck from 20 L n ---i eo~r.. 21 ~~~~. 561 FY2005-06' to FY200b-07; move $50,000 for the Rushmere Building Addition from FY2006-07 to beyond. Supervisor Bradby stated the Surry Nuclear Plant has been designated as one of the, prime targets in the event of an attack, and the Rushmere Volunteer Fire Department must be ready to respond accordingly. Supervisor-Bradshaw.stated the Homeland Security Act is significant and staff should be seeking funding to provide the .Rushmere Volunteer Fire Department to be able to address a disaster of a nuclear nature. He :suggested Mr. Childress solicit the support and. input of Congressman Forbes. and his staff since a person on his staffassists local governments with federal grants. . Chairman MacManus noted that this amount should be .rolled into the CIP. Supervisor Clark requested the status of active complaints with the Department of Conservation and Recreation. Mr. Hartley noted. he has..not had an. opportunity to address this request. Supervisor Clark requested the status of the drainage ditch off Brewer's Neck Bouieyard. Mr. Hartley .noted he has not had an opportunity to address this request. I Supervisor Clark requested the status. of the repair to the drainage pipe at Cannon Acres. Mr. Hartley noted staff is in the process of obtaining additional cost estimates. Supervisor Clark requested Mr. Hartley follow-up with the VDOT Resident Engineer on the lane .marking change and drainage issue at Merritt. Cove. F Supervisor Clark inquired about :the- status of his request that staff check .with the .Treasurer to determine why Jeb's Market was listed erroneously as owing delinquent taxes. .County Administrator Casket' noted that in his letter to Supervisor Clark dated November. 1S, 2002, he. had suggested that County Attorney Stroman and the former County. Attorney, Woody Crook, confer on this matter responsive to the Treasurer's inquiry addressed to the former County • Attorney.. He noted he would check the status and advise Supervisor Clark. I +~ 2I `~ • Supervisor. Clark requested the status of soil. and erosion complaints at Eagle. Harbor. Mr. Hartley noted many of these issues have been resolved between East West Partners and DEQ and the Corps of Engineers has inspected the site as a follow-up with DEQ. Supervisor Clark requested the status of the drainage on the right side of Battery Park Road. Mr. Hartley informed Supervisor Clark that .the ditch is located in the Town of Smithfield. Chairman MacManus noted he has referred a request. to the Smithfield Town Manager to have the ditches along both sides of Battery Park Road cleared. Supervisor Clark inquired about-the status of the dilapidated home off of Bayview Road. Mr. Hartley noted staff has recently received a check. from the. owner to pay a contractor to tear the house down. // Chairman MacManus called for New Business. Chairman MacManus requested that .staff set up an Intergovernmental Committee meeting with the Smithfield Town Manager and Windsor Town... Manager to discuss various matters.. Chairman MacManus requested that the County Attoiney review the letter he received from Nancy Guill with respect to policies, and lack thereof, with some of the County Boards and the applicant's ability to speak and the. citizens ability to speak, and that staff compare and report back to the Board on what other surrounding communities are doing to determine if the County needs to make any changes. Chairman. MacManus requested the Board consider moving the May 1, 2003 meeting from 2:00 p.m. to S:OO p.m. Supervisor Bradshaw noted he was going to request that the Board move the meeting date from May 5, 2003 to May 6,.2003. Supervisor Bradshaw moved the Board change its .May 1, 2003 meeting to May 5, 2003 at 4:00. p.m. The motion was adopted. unanimously (5-0). L 22 n . , ~ooK 21 r~ ={5.63 County Attorney Stroman noted that State law :requires that the School budget be adopted by May 1 ~ of each year. Supervisor Bradshaw .moved to reconsider the meeting date and time for the .Board's first meeting.. in May, 2003, The motion 'was .adopted. unanimously (5-0). Supervisor Bradshaw moved the Board set its first meeting in May for May 1, 2003 at 6:00 p.m. The motion was adopted unanimously (5-0). N ChairmanMacManus called for Appointments. ~,~ Supervisor Bradshaw moved the Board reappoint Beverly Tubbs, representing the Carrsville District, to the Commission., on Aging. The motion was adopted unanimously (5-0). Supervisor Clark moved the Board reappoint Ronald W. Garrett as a '~, citizen representative on the Transportation Safety Committee. The motion was adopted unanimously (S-0). Supervisor -Clark moved the Board appoint Thomas A. Meador, replacing Trey Gwaltney, on the Boykins Tavern Advisory Committee. The motion was adopted unanimously (5-0). Supervisor Bradshaw moved :the Board recommend Rudolph Boone for reappointment on the Board of Zoning Appeals, representing the Carrsville District, to the Circuit Court. Judge.:. County Attorney Stroman noted he.would prepare an order and submit it to the. Circuit Court Judge. Supervisor Claud requested Mr. Robertson to investigate if the Western Tidewater Disability Services. Board is actively meeting and bring back a recommendation to the Board as to what should be done at the Board's May l , 2003 meeting. // Supervisor ~ Bradshaw moved the Board take a five (5) minute break. The motion was adopted unanimously (5-0). 1/ Chairman MacManus called for a work session on the FY2003-04 Proposed Operating and Capital Budget. Ms. Seward- stated that pursuant to Board direction,. dues in the amount of X3,000 have been transferred out of the Board of Supervisors line :.:~ 23 4~ aoox 21 ~a~~564 item to .the South Hampton Roads Conservation District; that the funding: formula will be reviewed for paid .fire and :rescue staffing prior to the Intergovernmental Committee meeting; that the Juvenile Domestic Relations Court has advised -that it does use the ISDN lines for satellite communications for two (2) days a week nearly all day and that this use is available to other courts; that the Suffolk .Shelter for the Homeless is a pending item to be revisited by the Board prior o :adoption of the budget; that she- has requested additional detail of services provided by the Endependence Center and the clients served; that $13,609 is needed to go to a 5% salary increase from a consistent 3% for the Department of Social Services; that a meeting has- been set to discuss .the process by which the County is using to track cash proffer information and included is a summary. ' of collections by development, as well as by magisterial district;. that she. has 'ded the Board with a co of the Chamber of Commerce's proposed i, prove PY operating budget, that the Chamber has advised that there are .not any lobbying efforts being supported by the County's contribution; that: she has conveyed. to the Fifth Community Corrections -that .this Board has,. agreed that no disbursement of any appropriations would be .made until an agreement is reached and approved by this Board; that the Director of Public Utilities has been invited to address revenue protections .with the Board .and the inquiry as to the Franklin airport billing; that she has invited the Director of Public Works to address the Board on the need for a new trash truck and operator in .next fiscal year and provide detailed support on the need of full- time staffing for the Carrsville Convenience Center: Under the Planning and Zoning additional staffing request, the Board requested that the Director of Finance include funding in the amount of $51,596 for one (1) additional position, to .include a vehicle. Supervisor Claud moved the. Board direct the Director of Public: Utilities to bring all connection fees and water rates for discussion by the Board at its- June 5, 2003 meeting. The motion was .adopted (5-0) with Supervisors MacManus, Bradby; Bradshaw, Clark and Claud voting in favor of the motion, and. no Supervisors voting against the motion. Supervisor Bradshaw moved the Board direct the Director of ,Public Works to staff .full-time hours with part-time help the Carrsville Convenience Center on a six-month trial basis; report back to the Board on the potential savings and reduced tipping fees; and, that the Director of Budget and Finance be directed to handle the transfer of funds to accomplish this direction from the Board. The motion was adopted (5-0) with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, and no Supervisors voting against-the motion. Supervisor Bradshaw requested that Mr. Long ensure that.. the workers make themselves available to assist the public and to stay outside of the building... 24 R . 'I eoa~. ~ 21=,;-565 Under the Public Works request for a truck, Supervisor Bradshaw requested Mr. Long report back to the Board: in six (6) -months with an evaluation on how his spare. truck can be utilized more efficiently because: of the time that can be saved from not having- to clean up the Carrsville Convenience Center, as an attendant wilt be present full-time.. The Board directed that .the Director of Budget and Finance leave the funding for a. Public Works truck in the CIP and that it will be addressed later. Under the issue of Social .Services' salaries, Supervisor Bradshaw offered to survey the Social Services Board. to determine if they are desirous of coming under the County's Pay and Classification Plan. Depending upon .their response, the County .Attorney is to research the matter to see if this is possible.. Under the issue of the Suffolk Shelter for the Homeless, Chairman MacManus noted he would. support the request for $3,500 as the County's citizens are being supported. He requested that staff check with the Towns to see if they are financially supporting the Shelter. Ms. Seward notified the Board of a $687,558 deficit in the proposed .budget. The -Board noted. that as an option, staff could advertise a balance .with the difference coming from the unappropriated fund balance and then take the funds from a reserve fund or other available resource.. The Director of .Budget and Finance recommended that the .Board not balance. the budget from the unappropriated fund balance and. that staff would review some of the exemptions that are currently on the books for some of the equipment to potentially generate a portion of the existing gap between expenditures and revenues. Supervisor- Claud moved the Board direct the Director of Budget :and Finance to advertise the General Operating and Capital Budget, in the total amount of $66,062,048. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting. in favor of the motion, and no .Supervisors voting against the motion. Supervisor Bradshaw moved the Board authorize the Director of Budget and Finance to advertise the E-911 Operating Budget in -the total amount of $693,499, The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion, :and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board authorize staff to advertise " the budget with no tax .rate .increase. The emotion was adopted (5-0) with ., 25 4 - • ... \ Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in fav©r of the- motion, and no Supervisors voting against the motion. /1 County Attorney Stroman requested a closed session under Section 2.1-3711.A.1. concerning apersonnel- matter and under Section 2.2- 3711.A.7 of the Freedom of Information Act concerning .five (5) ,:.matters consisting of consultation with- legal counsel .and consultation regarding actual or probable litigation.. ' .Supervisor .Bradshaw moved the Board enter closed session for the reasons stated. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor of the motion, and no Supervisors voting. against the motion. Supervisor Bradshaw moved the Board .return to open session. The motion was adopted (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and .Claud voting in favor of the motion, and no Supervisors voting against the motion. 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 with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3? 12.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 members knowledge, (i) only public business matters lawfully exempted from open meeting requirements by .Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified . ~ in the motion convening the closed meeting .were heard, discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 26 .~ i eoa~ 21 ~r~~567 ABSENT DURING VOTE: 0 .ABSENT DURING MEETING: 0 N At 9:37 p.m., Supervisor Bradby moved the Board adjourn its meeting. -The motion was adopted unanimously (5-0). G~~"~2~- Richard K. MacManus, Chairman :~ 27 ~~