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09-16-2004 Regular Meeting ~~~w~, REGULAR MEETING OF THE ISLE; OF WIGHT C~`NT~~BtJ1~I~D bF SUPERVISORS HELD THE SIXTEENTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND FOUR PRESENT: Stan D. Clark, Chairman Phillip A. Bradshaw, Vice-Chairman Henry H. Bradby Thomas J. Wright, III Richard K. MacManus Also Attending: Jacob P. Stroman, IV, County Attorney W. Douglas Caskey, County Administrator Donald T. Robertson, Assistant County. Administrator Carey Mills Storm, Recording Secretary Chairman Clark called the meeting to order at b:00 p.m. // Supervisor Bradshaw delivered-the invocation. U The Pledge of Allegiance was conducted. // Chairman Clark called for approval of the agenda. County Attorney. Stroman requested that the following amendments be made. to the agenda: Under Special Presentations, add Item (D), a report from the Director of Parks and. Recreation .concerning. thecancellation of the County Fair Under the Consent Agenda, remove Item (B), the proposed landscape plan for the. south. end of the James River Bridge and` move. it to New. Business, and add an additional report under I~'ew Business. pertaining to a three (3) flagpole display at the south end of the: James River Bridge .Under the County Attorney's report, add Item (4), Right-of-Way Agreement for the new Administration Building with Dominion Virginia Power 1 Under Old Business and Public Hearings, a request to .table the Gwaltney application and both Frank applications Under Closed Meeting, add three (3) matters, the first concerning the prospective purchase of .real estate, an additional personnel matter for the County Administrator,. and a third matter concerning probable litigation arising out of a breach of agreement Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of . (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion.. // Chairman Clark called for Special Presentations. Steve Edwards, son of Nelson and Aileen Edwards, accepted the following Resolution on behalf of his parents: RESOLUTION TO RECOGNIZE NELSON AND AILEEN EDWARDS FOR OUTSTANDING ACHIEVEMENT WHEREAS, Nelson and Aileen .Edwards have been foster parents in Isle. of Wight County, caring for more than one hundred children over the last 40 years; and, WHEREAS, Mrs. Aileen Edwards has represented Isle of Wight County with distinction, serving in the past as President of the .Virginia Foster Parents Association; and, WHEREAS, Nelson and Aileen Edwards volunteered countless hours delivering meals for the Red Cross in the. aftermath of Hurricane .Isabel despite the fact that their own home had been damaged by fire; and, WHEREAS, Nelson .and Aileen Edwards. continue to volunteer as members of Christian Outreach delivering "meals throughout Isle of Wight County; .and, WHEREAS, Nelson and Aileen Edwards nave also been very active as volunteers with the Isle of Wight Volunteer Rescue Squad and with youth via. the County's 4-H Clubs. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County. of Isle of Wight, Virginia recognizes 2 s~~K 22 .~:~~ ~"~.~ and appreciates the considerable. contributions of Nelson and Aileen Edwards for outstanding service to the citizens of Isle of Wight County. .Supervisor Bradby moved the Board adopt the above Resolution.. The.. motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby,. Bradshaw, Clark and Wright voting in favor of the motion,. and no Supervisors voting against the motion. Steve Edwards thanked the Board for recognizing the efforts of his parents. 1 l J, Patrick J. Small, Director of .Economic Development, formally introduced Larry and Sandy Bridgman. He noted that Larry developed a pen and ink. sketch of the Courthouse several years ago, as seen on .the. County's note cards and Christmas cards. He noted that because the Bridgmans are moving away .from the community, they wish to leave a signed .and framed original pen and ink print of the Courthouse. Sandy Bridgman noted it is their pleasure to donate the pen and ink. illustration of the. Isle. of Wight Courthouse. She stated due to family obligations,. they are moving away, and they will always remember how truly special a place the County is. Supervisor Bradshaw moved the Board accept the originat pen and ink portrait of the Isle. of Wight County Courthouse, and authorize the Chairman to send a letter of .appreciation to Larry and. Sandy Bridgman. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and. no Supervisors voting against the. motion. Heather Livingston; Executive Director, Hampton .Roads, Chapter, American Red Cross, addressed the Board with respect to the recent concerns that were raised over a Daily Press article questioning. whether there were sufficient disaster. volunteers in the County. She.. noted a subsequent article appeared in The Smithf eld Trines that more appropriately addressed, the issue. of adequate volunteers for disaster preparedness and assistance. She recommended that some type of reporting system be established. so that .the Board can be kept apprised about what services can be provided by the Red Cross. She stated in 1994, an all volunteer chapter went to the Hampton Roads Chapter Board of Directors to request that the jurisdictions be merged. She stated currently there are twenty-six (26) very active volunteers in the County, including the. Towns of Smithfield and Windsor. She stated .she has been soliciting more volunteers in the County,. and understands .there to be $5,000 allocated to help. the Red Cross train disaster volunteers. She noted information relayed via television .over the Labor. Day weekend about an upcoming training session, and the article that appeared in The Daily Press recruiting volunteers .brought in forty-three {43) new volunteers, although none of these individuals were from Isle of Wight.. She noted .churches in the -, ~. .~. ~~. •x,.n..i>.. ...._. ~.._. .. ~-. ,, .-._.. -~ ~y,_.....a _.a~..lN.fi~ _.•.2w~yynveyw»n.,:,:V.~yt'4ttM'v+"~'.mar?k'~Y!9!M'Yi[+`*+X! • ~ ;' ~`pp E1^Y 7~ . ~::1' County have also been canvassed requesting that they also solicit interested persons to volunteer. She advised more. training is scheduled for next week because individuals are recruited daily to Florida, which has been struck by two (2) hurricanes. She stated depending on the strength of a storm and how many homes it destroys, the Red Cross must always be recruiting volunteers. Chairman Clark noted that the County is a very giving community. He noted that if Ms. Livingston initiated another training session and advertised it four (4) weeks ahead of schedule on the. County's PEG channel, as well as ran a public service ad on the cable network, and advertised the training session in the local newspapers, that she would receive a greater response. Ms. Livingston stressed the importance of good communication. She noted that representatives of the Red Cross would continue to ensure that pertinent information gets out to the public as often as possible. Jack York, District Chairman, Hampton Roads Chapter, American Red Cross, advised that the County had approximately eighty (80) active . volunteers during Hurricane Isabel, and that he would be making contact with each individual to solicit their support. He further advised. that, the Department of Social Services, with assistance. from the Red Cross, would man the shelter during the first seventy-two (72) hours, and if sheltering is necessary after seventy-two (72) hours, then the Red Cross will collect volunteers and assist until the national Red Cross arrives at four (4) to seven (7) days. Ms. Livingston noted that it was not clear who was in charge and who was support staff at the shelters during the last two (2) hurricanes, .but she hopes that in training the forty-four (44) Social. Services and County employees that who is in charge is cleared up. She stated the Red Cross is here to provide guidance and consultation, but the Social Services employees are in charge. She stated the Red Cross has not trained Social Services employees since .2001, and she recommends that annual training be conducted. Supervisor Bradshaw expressed the southern end of the County's concern that during both Hurricane Floyd and Hurricane Isabel, there was. no communication, which caused confusion. He sta±ed that he and his wife have. committed to work with Mr. York in the future so that communications can be improved, and a team can be formed in .the .event there is another emergency. Supervisor Bradby inquired as to what efforts the Red Cross is doing to .solicit volunteers to assist the Burwells Bay area, which suffered damage during the last two (2) hurricanes. 4 1 1 1 9~''r ~~ •r.. J~11. Mr. York advised the Board that the. individual who is currently the secretary of the Isle of Wight Disaster Task Force has. agreed to be the , Volunteer Coordinator and work with the churches in the community. Supervisor MacManus noted that the Board is willing to assist in volunteer. recruitment by providing access to the public through the PEG channel and any other means possible. He stated his personal feeling with respect to the $5,000 allocated towards training efforts. He stated the training is being conducted with the County's citizens, and: whether they ultimately end up on a disaster response teafn or not is not critical; however, receiving the knowledge base within the County's citizens is critical to him. Alan S. Nogiec, Director of Parks and .Recreation; notified. the Board of the Fair Committee's decision to cancel the County Fair scheduled for Thursday, September 16, 2004 through Sunday, September 19, 2004 because of the recent wet weather and the forecast for additional rain during the Fair. _ He noted that the misconception in the .community that the debt incurred to date relative to the Fair will not be returned to the County, but in fact it wily be repaid. Supervisor Wright- inquired if Mr. Nogiec had. investigated the feasibility of entertainment insurance. Mr. Nogiec explained that entertainment insurance is not only expensive, but very focused in that,only the hour .before and the time during the event is covered. Supervisor Bradby noted that the County Fair is traditionally held irr the .middle of hurricane season, .and there has already been one hurricane, Hurricane Floyd, that disrupted the Fair activities. Mr. Nogiec .explained that there are certain activities that go on in local and County Fairs that qualify for participation: at the .State level. If the County changed the date of the Fair to October, it would be held after the State Fair; If the County held the Fair in the Spring or early summer, the farmers would not be able to participate because they would not have had time to harvest their crops.- // Chairman Clark indicated. the Consent Agenda included the .fallowing items: A. Small Business Development Center -Request for Legislative Support B. Proposed Landscape Plan/South End of the James River Bridge C. Agreement for Collection of Delinquent Public Utility Accounts i I i 5 ~~ ~~1'~~ ~~ •~'~ Jai D. Resolution to .Authorize the Solicitation of Proposals for Non- Professional Services Related to a Telecommunications Solution E. Architectural Survey "Kick Off'/Archeological Assessment Update Public Meeting F. DEQ/Public Notice Dated September 7, 2004 G. Planning Commission Action List of August 24, 2004 H. Subdivision Plat of Eagle Harbor, Tract 2, Phase 4, property of Eagle Harbor. LLC, Carrollton Boulevard (Route 17), Newport Magisterial District I. Preliminary Subdivision Plat of Eagle Harbor, Tract 2; Phase 7, property of Eagle Harbor LLC, Carrollton Boulevard .(Route. 17), ` Newport Magisterial District J. Subdivision Plat of Eagle Harbor, Parcel 10; property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport Magisterial District K. Delinquent Real Estate Tax Collection Monthly Report L. August 23, 2004 Regular Meeting Minutes Chairman Clark asked if there were any items for removal. In addition to Item (B), the Proposed Landscape Plan/South End of the James River Bridge, removed at the request of the County Attorney under the Approval of the Agenda with a request to add an additional report. to replace it under New Business concerning a three (3) flagpole display/south. end of ~. the :James River Bridge, Supervisor MacManus requested that Item (H) pertaining to the Subdivision Piat of Eagle Harbor, Tract 2, Phase 4, property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport Magisterial District; Item (I) pertaining to the Preliminary Subdivision Plat of Eagle Harbor, Tract 2, Phase. 7, property of Eagle Harbor .LLC, Carrollton Boulevard (Route 17), Newport Magisterial District; and, Item (J) pertaining. to the Subdivision Plat of Eagle Harbor, Parcel. 10, property of Eagle Harbor LLC, Carrollton Boulevard .(Route 17), Newport Magisterial District, also be removed from the Consent Agenda for further discussion. Supervisor Bradshaw. moved that the Board adopt the Consent Agenda, with Item (B) being removed and an additional item replacing it concerning three (3) flagpole display/south end. of the James River Bridge under -New Business, and Items (H), (I) and (J) being removed for further discussion. The motion was adopted. by a vote of (5-0) with Supervisors MacManus, 6 P~~~ 22 ,. ~ ~~~ Bradby, Bradshaw, Clark and Wright voting infavor of .the motion, and no Supervisors voting. against the motion. U Supervisor MacManus commented Ghat with respect to Item (H), Subdivision Plat of Eagle Harbor, Tract 2, Phase 4, property of Eagle Harbor LLC, Carrollton .Boulevard (Route 17), Newport Magisterial District, the only restriction was a comment notated on the. plat that accessory structures can not be .located on those lots. He inquired if this was really sufficient to keep any. outbuildings from being built in the buffer. Ms. Walkup .advised that a comment would be noted on the plat, ~in .addition to architectural guidelines when .the Eagle Harbor Homeowner's Association board approves development on those lots. She noted it .would ` also be disclosed in the covenant restrictions for that phase of the development. Supervisor MacManus noted that usually outbuildings are not built during the initial phase of construction, but rather after a homeowner lias settled down and .been in the home far a while, 1 Ms. Walkup noted that staff pointed this out for that reason, and during the process, the developer came back with an alternative. She stated the Planning Commission discussed the issue, and ultimately decided the restriction. was disclosed properly,. that those lots may meet the needs of certain buyers and allowed the developer to proceed as proposed. .Chairman Clark inquired how new buyers would be put on notice that accessory structures are not allowed on these lots.. Ms. Walkup repliedthe deed would refer to the restrictive covenants which have a specific reference to those lots. She noted that staff has the ability to enforce the condition of approval that is notated on the plat. Chairman Clark noted. that the expectations of a buyer, and the ultimate legal. requirements are often two (2) entirely different things. Supervisor MacManus recommended that the easement to be dedicated to the. homeowners' association for maintenance and responsibility and be bonded. He noted that if it is not bonded, it becomes a future liability of the homeowners' association. Ms. Walkup advised that the dedicated drainage easement to the homeowners' association would not. be bonded;. however, the improvements would be bonded during construction. She advised that the storrriwater covenants would be recorded in the Clerk of .Circuit Court's office,. and the responsibility of any easements and best management practices will be ..assigned to the. homeowners' association. 7 aQ~n 22 ~'.,4 ~:.-~~ Supervisor ~ MacManus inquired with respect to Item (I), the Preliminary Subdivision Plat of Eagle Harbor, Tract 2, Phase 7, property of Eagle Harbor LLC, Carrollton Boulevard (Route 17), Newport Magisterial District, if there a fifty (50) foot setback on those lots that buffer against the wetlands. Ms. Walkup advised not at this location, as the wetlands and setbacks were a product of the developer's agreement with the Army Corps of Engineers, and they have been recorded in the Clerk of Circuit Court's office. She further advised that the Army Corps of Engineers has. approved the wetlands that require buffers, and those that do.not. She explained this was part of the .permit process for this development with the Army Corps of Engineers. She noted that these are not .considered to be perennial streams.. Supervisor MacManus commented that with respect to Item (J), the Subdivision Plat of Eagle Harbor, Parcel 10, property. of Eagle Harbor LLC, Carrollton Boulevard .(Route 17), Newport Magisterial District, the .process does not provide this County the control the Board would like. He stated he is hearing that this process is tradition, but not the best process. Ms. Walkup .advised that staff would not issue permits for any .accessory structures according to the note on the plat. She .stated if any outbuildings are built illegally, the County does have the. ability to enforce that condition. .. County Attorney Strornan stated the question has been raised of whether there is adequate control on .the part of the County, and Ms. Walkup has advised that there would bean opportunity at the pre-construction phase to catch it through the permitting process. He advised that he believes this is satisfactory. Supervisor MacManus moved that the Board approve Items (H), (I) and (J), as previously listed on the Consent Agenda. The motion was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called for Transportation Matters. Sandon Rogers, Transportation Planner, referred to the issue of the 2004 hearing on the FY2006-2011 Six-Year Improvement Program by the Commonwealth Transportation Board and the Virginia Department of Transportation. He requested that the Board adopt the Resolution prepared by staff and contained in the agenda package. 8 81'r ~z 'Jti Supervisor Bradshaw moved the' Board adopt the following Resolution " Establishing .the Recommendations of the Board of Supervisors of Isle of Wight County, Virginia, for the FY2005-2010 Virginia Transportation Improvement Program- of the Commonwealth Transportation Board and Virginia Department of Transportation, and direct staff to present the Resolution at the public hearing scheduled for September 21, 2004: RESOLUTION ESTABLISHING THE RECOMMENDATIONS OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT. COUNTY, VIRGINIA, FOR THE FY2005-2010 VIRGINIA TRANSPORTATION IMPROVEMENT PROGRAM OF THE COMMONWEALTH TRANSPORTATION $OARD AND VIRGINIA DEPARTMENT OF " TRANSPORTATION 1 WHEREAS, the Commonwealth Transportation Board and the Virginia Department of Transportation will conduct a public .meeting for Interstate, Primary, and Urban System Transportation Improvements in the Hampton Roads District on September 21, 2004. and, WHEREAS, Isle of Wight County, Virginia,. wishes to make specific recommendations .for transportation improvement projects to be included in the Virginia Transportation Development Plan by the .Commonwealth. Transportation Board, and WHEREAS, the most critical corridor in need of improvement is the Route. 2S8.corridor from the Town of Smithfield to Route S8 Business, and WHEREAS, this corridor serves as the primary north-south access to the two major industries in the. County, Smithfield Foods, Inc. and International Paper Corporation, accounting for considerable trunk traffic along with the regular traveling public, school buses and farm equipment,. and NOW, THERF,FORE BE IT RESOLVED by the Board of Supervisors of Isle... of Wight County, Virginia, that the following corridor is considered. the highest priority transportation irnpravement for the County because of its potential to address serious vehicle. safety problems as well as to provide significant economic benefits.-for the movement of goods and ser~~ices within the County and. the Hampton Roads Region: Realignment and the widening of Route 258 to four-lanes between Route 10-Smithfield Bypass to Route 58, including: a. The construction of theRoute 2S8-Windsor Bypass and its grade-separated crossing at the Norfolk Southern. rail line; and, b. The construction of the connector highway (B.enns Church Connector) to relocate Route 2S$ south. of Route 10 9 22 BOnK ~h~;'J~F between Benns Church and Isle of Wight Courthouse; and, c. The reconstruction and widening of Route 258 south of Smithfield to extend the center turn lane to Route 620. BE IT FURTHER RESOLVED that the Board of Supervisors. of Isle of Wight County, Virginia, supports improvements to U.S. Route 460 between the Petersburg and Suffolk Bypass through either .the Limited Access or Local Improvement. alternative currently being evaluated by the Route 460 Location Study. This segment of Route 460 is projected to be heavily congested in the future yet supports one-quarter of~the freight needs of the 1 .. Hampton Roads region, and as a consequence has a death rate of twice the Statewide average. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, supports the establishment of high speed rail service . to the Hampton Roads region along the Route 460 corridor. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the following projects are considered to be important and vitally necessary transportation improvement priorities in the County: 1. Construction of capacity and .safety improvements to Route 10 in Isle of Wight County, including the widening of Route 10-Bypass to four (4) lanes, along with. similar improvements within the Counties of Surry and Prince George. 2. Full funding for the construction of .dedicated left-turn lanes on Route 460 in the Town of Windsor from Route 258 eastward to Hidden Acres Circle. 3. Full funding for. the replacement of the Blackwater .Bridge between Isle of Wight County and the City of Franklin. 4. Full funding of the second. phase of the Route 10 widening project from Fort.Huger Drive, Route 676, to Track Lane, Route 624. 5. Construction and improvement of turn Lanes on Route 17 and its intersection with Route 659, Kings Cove Way. 6. Improving the Benns Church intersection at .Route 258. _ and Route 10 to include additional turning lanes. 7. Installation of variable message signs as a component of the Advanced Warning System for the James River Bridge. 8. Improvement of the drainage piping under Route 17 at Ragged Island Creek to accommodate additional flows, located 0.75 miles. from the James River Bridge. BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the County Administrator is to forward a copy of this resolution.. to the County's legislative delegation and to the Virginia 10 1 1 ...... _ _. _.r_~. ~_ ~_M ._ v~„r~ ._ aa~r 22 ~~::•uc37 I~ 1 1 Department of Transportation for inclusion in the official record of the 2004 public meetings for the Virginia Transportation Development Plan. The motion. was adopted by a vote of (5-0) with ..Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark requested that County Administrator. Caskey call and remind him so that he can attend the public hearing with staff. Mr. Rogers:. presented a request for payment from James .Duke for grading and grass cutting on Duke's .Lane since June 1, 2004 forthe Board's consideration.. He noted that the Board previously adopted a resolution requesting VDOT take Duke's Lane into the State's maintenance system on r'~ugust ~, 2004. He cautioned that the Board would be setting a precedent if payment were made to Mr. Duke for maintenance that was not solicited by the County. Supervisor MacManus noted there are numerous roads in the County in need of mowing, and he is not prepared to pay anyone for taking the initiative - upon themselves to .maintain a roadway without the County first soliciting. them to do so. Supervisor Bradshaw. stated it was the County which failed to take action on the transaction in a timely. manner, -and this is Mr. Duke's way of making a statement to that effect. Supervisor MacManus moved that the Board deny the request for payment, and further direct staff to send. a letter of explanation citing the reasons for denial as contained in the Baard report. The motion-was adopted by a vote of (4-l) with Supervisors MacManus, Bradby, Clark and Wright voting. in favor of the motion, and Supervisor Bradshaw voting against thee. motion. Supervisor Wright requested staff ~to send a letter to VDOT requesting that appropriate action be taken to clean the outfall ditch running along North Carolina Avenue to the Central Hill Baptist Church and the Crocker's property.: He also notified staff that someone has placed two (2) pieces of pipe across a ditch. along Florida Avenue in an effort to make an access ramp. Chairman Clark directed staff to make a formal request to VDOT about the need to have a maintenance vehicle located. on the James River Bridge at all times, as previously requested by Mrs. Keen. He advised that the Keens were recently disabled on the James RiverBridge, and the response time was extremely long because the maintenance. vehicle was at another site. ,~~~ ~~~ •5c~~ Chairman Clark notified. staff of complaints he received with. respect to ditch work occurring along Sugar Hill. Road. He requested staff investigate and take appropriate action to resolve the matter. Supervisor Bradshaw requested that. staff investigate and report back to him with an explanation of how Wash Hole Creek Road was paved. /1 Supervisor MacManus moved that the Board amend the regular order of the agenda and conduct the public hearings. The motion was adopted unanimously (5-0). !/ Chairman Clark called for a public hearing. on the following: A. Proposed Real Property Tax. Levy Increase -County Assessment Anne F. Seward, Director of Budget. and Finance, stated the public hearing was properly advertised and proposes to raise the advertised rollback tax rate at $.61 due to the recent assessment results to $.68 per. $100 of assessed value.- Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed tax levy increase.: No one appeared in favor, or in opposition, to the proposed tax levy increase. Chairman Clark closed the public .hearing and called for comments from staff. Supervisor MacManus moved the Board adopt a roll back rate of $.61 and in order to balance the adopted .2004-OS .Operating Budget without relying on the fund balance, raise the .real estate tax rate to $.68. Themotion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark .and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: B. A Resolution Endorsing the Joint Application for the Virginia Department of Housing & Community Development's Enterprise Zone Designation Patrick J. Small,. Director of Economic Development, stated staff, as previously authorized by the Board, has made a joint application _12 u I~ '1 .. ~~r,~ z2.N.:~~~J with the Towns of Smithfield and Windsor,. Southampton County and the City of Franklin for an Enterprise Zone. He recommended the Board adopt- the Resolution authorizing the Economic Development Director to subrnif all information needed to apply for the Enterprise Zone designation and to carry. out all program administration and. reporting requirements on its _behalf. He advised Ghat the Town of Windsor has already. held its public hearing on the matter. Chairman Clark called for persons to speak in favor of, or in opposition to the proposed Resolution. No one appeared to speak in favor of, or in opposition to the proposed Resolution. Chairman Clark closed the public hearing and called for comments from the Board. Supervisor Bradshaw made reference to the. fact that the County's past relationship with the City of Franklin has been difficult for the County. Supervisor MacManus moved the Board. adopt the following Resolution with the hope this -will be a step in the right direction in improving the relationship between the County and the City of Franklin: A RESOLUTION ENDORSING THE JOINT APPLICATION FOR THE VIRGINIA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT'S ENTERPRISE ZONE DESIGNATION WHEREAS, Isle of Wight County desires to broaden and diversify its tax base through. economic development while maintaining economic ..stability; and WHEREAS, Isle of Wight County seeks to attract .new business and industry as well as encourage expansion of existing business and industry; .and WHEREAS, Isle of Wight County's primary areas' designated for business and industrial use qualify as economically distressed; and WHEREAS, Isle of Wight County recognizes the value of regional economic .development partners, such as the City of Franklin, Town of Smithfield, Town of Windsor and Southampton County; and WHEREAS, Southampton. County offers to act as program administrator for the proposed Enterprise Zone and has. executed a joint application agreement with the aforementioned localities. l3 '.~M ..Ra~..rt~m.'n°'.......,w.«.. ~, +,~..•.--->w.-.: .....~... <m -... ~.,. .. -.. .... ..: xi n •.... :SS+ M1~a.+..`.. tw1'nw :vfbF +._. LJ 1 1 NOW, THEREFORE, BE IT RESOLVED that the Board. of Supervisors- for Isle of Wight County, Virginia, desires to partner with the Commonwealth of Virginia in stimulating .overall .economic growth by providing joint tax and financial incentives to business and industry operating in an Enterprise Zone; and. BE IT FURTHER RESOLVED that this Board authorizes its Economic Development Director to .submit all information needed to apply .for Enterprise Zone designation and to carry out ail program administration and reporting requirements on its behalf. The motion was adopted by a vote of (4-1) with Supervisors MacManus, Bradby, Clark and Wright voting in favor of the motion, and Supervisor Bradshaw voting against the motion.. Chairman Clark called for-a public hearing on the following: C. The application of Robert J. Frank for a change in zoning classification from_Rural Agricultural Conservation (RAC) to .Conditional.. General Commercial (C-GC), 6.4 acres of land located on the -south .side of Brewer's Neck Boulevard (Route 25S) east of the Benns Church Boulevard (Route 10) intersection, Carrollton, in the Newport Election District. The purpose of the application is for a future retail out parcel and mini-warehouse complex phase IL Mr. Small presented the above matter to the Board in -the absence of .Jonathan W. Hartley, .Director of Planning and Zoning. He noted that the .attorney for Mr. Frank has communicated with the County Administrator that it is Mr. Frank's intent to withdraw the application at this time. He stated Mr. Hartley has made numerous unsuccessful attempts to speak with Mr. Frank, and because the applicant is not present tonight, it is recommended that the Board table the application for ninety (90) days. Chairman Clark moved the Board cancel the public hearing, and table -the application of Robert J. Frank. The: motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark further moved the Board defer the application until the Board's December 16, 2004 meeting. The motion was adopted by a vote of (5-0) with :Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: D. The request of Donald W. Gwaltney, J. Vernon Gwaltney, Brenda Lynn G. Stallings, C. Brian Gwaltney, Irie G. West. and 14 Centex Homes to amend the Comprehensive. Land Use Plan Designation of tax map parcel 33-01-046 in the Newport Development Service District from Suburban Estate to Suburban Residential. Said property,-approximately 143+ acres of land, is located on the east side of Benns Church Boulevard (Route 10) north of Tan Road (Route 620) in the Newport .Election District. Ms. Walkup noted that she placed a letter at the Board member's places prior to the public hearing advising that the applicant's attorney is requesting that the application be withdrawn. Chairman Clark moved the Board cancel the public hearing, and accept the applicant's request for withdrawal. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following requests: E. The application of Benns Church- Properties and respective owners to amend the Comprehensive Plan as indicated below: (1.) The request of Kirk Timber and Farming Inc., Kirk Lumber Company and Benns Church Properties to amend the Newport ,Development Service District Boundary to include tax map parcels 32-O1-OSSA and 32-01-056 as Mixed Use Activity Center Designation. Said properties, ~ approximately 21+ acres of land, are located on the west side of Benns Church Boulevard (Route 10) north of Muddy Cross Drive (Route 620) in the Windsor Election Distric. (2.) The request of Benns Church Properties to amend the Newport Development Service .District Boundary to include tax map parcels 32-01-077, 32-U 1-078 and 32-01- 079 as Mixed .Use Activity Center Designation. Said properties, approximately 53+ .acres of land, are located on the west side of Benns Church Boulevard (Route 10) north of Muddy Cross Drive (Route 620) in the Windsor Election District.. Mr. Small noted the Planning Commission has discussed the issues and recommends the Board approve the above listed applications. Chairman Clark called for persons to speak in favor of, or in opposition to, the proposed requests. Henry Morgan, the applicant, began by requesting that time be reserved - for rebuttal, should it be necessary. He stated that the .Comprehensive Plan is 15 1 1 general in nature, so that it shall designate the general or approximate location, character, and extent of such features as shown on the Plan.. He stated that both ..Isle of Wight. Materials Co.npany and the Kirk family .requested prior to 2001 that all the properties remain. in .the Development Service District (DSD). He noted both were told that the boundaries were primarily delineated along property lines. He stated that other properties that were originally left out of the DSD were added back prior to adoption of the current boundary. He stated. if he had arued his case at that time, the Board. may have acted favorably. He stated only three (3) of the twenty-one (21) acres of the...Kirk property included in the expanded DSD are being contemplated for development, and over eighty (80) acres of the Kirk property will be lakes, wooded areas, trails and/or preserved opened spaces along the western boundary. He stated this area today is included. in the DSD, but will not be developed, and he could argue that the net result would be a decrease in the acreage developed. He stated no land located outside the DSD. is being asked to be included that they have not owned prior to 2001. Dean Vincent of Kimley, Horn and Associates, stated the .applicants do not intend to access Muddy Cross Road, and they .are prepared to, at the' appropriate time in the future, to provide a proffer that would provide a non- ingress/egress. easement.. He noted that there may be an equivalent line that could be platted that would preclude the extension of water- and sewer to Muddy Cross Road.' Tromas Finderson, Newport District, read a letter written by Pat Clark opposing the applications. He urged the Board to keep the boundaries established in the 2001 Comprehensive Plan. He stated Mr. Beagle recently . requested that all of the Cedar Bluff development be included in the Newport Service District'(NSD) so that water and sewer could be run to his property to allow him tQ use the suburban estate and suburban residential zoning classifications for his .development. He warned there are several property owners whose land is contiguous to the NSD that are waiting for a precedent to be set to change the boundaries of the. Comprehensive Plan so they can develop with the more dense opportunities permitted within the. NSD. He relayed that Mr. Clark supports the major.partion of their: requests; however, throughout their public appearances, there was never a mention of the. need to change the boundaries of the Newport Service District. He noted that he has been advised .that the County made a mistake in establishing the NSD boundary line irr relation to the parcels under discussion when the .current Comprehensive Plan was adopted, and if that is the case, that mistake should be corrected in accordance.. with the.. legal requirements for changing boundary lines so that the records will reflect the specifics of that mistake. He noted that if the boundary is changed as part of a development process, the specifics of correcting the error will not be described and future reference will show that the NSD boundary was changed only in response to the applicant's request. He stated future developers could reference this action as justification for approving their request to change boundaries to .accommodate their applications for rezonings. He requested that the records 16 ,.wf.ar..Ica:.,..~....~.;<~..,....~..,.«-~~,.~».u.,......_,. ~.:~~.. ,..,_...., ._.,.,_.. ...., .__.. ,.. _..,....: ..,..,. _ „_.,., .. ~., ~. ... ...... .. ..... a .a,., ,. ., M.. ^<.n..,~„,.wsrw~..,.,n~•,~-ar~:K*^:=was bei~ .:,~9,. ~^ en~r 22 -~~~~~~ t~ show that this Comprehensive Plan, NSD boundary change, is being made to correct a boundary established in the 2001 Plan that was not established according to the guidelines for the rest of the boundaries in -the NSD. He noted this documentation will stand as justification if challenged by future developers. Mr. Finderson referred to, as an example,. property owned by Turner , Land Trust on Deep Bottom Road off of Route 17 which is a corr~parable situation. He stated Turner Land Trust owns twenty-five. (25) acres in the DSD, and four hundred and ninety (490) acres outside of the DSD. He stated these parcels are adjacent to .one another and are also contiguous. He stated if the Board grants this request, a precedent will be set for granting a request to move four hundred and ninety (490) acres into the DSD. He stated he .recently visited Port Warwick, located in Newport News, on :garbage day,. and because the garbage cans were in the road, the mail could not be delivered. He noted that only two (2) cars can park in their garage, and if an individual has a visitor, that :visitor must park at the end of the road because of the high-density zoning. He stated the proposed application is too dense a project and not appropriate for the County. Sadie-Boyer of the Newport District noted that she recently visited Port Warwick, and she was disappointed about the looks and the density.. She expressed her appreciation to Mr. Morgan and his associates in working on this development with the citizens. She stated the citizens of the County take the Comprehensive Plan very seriously, and much work went into its development only three (3) years ago. She stated with respectto a mistake being made in leaving this area out of the DSD, others could also come forward and say a mistake has been made in leaving their: property out of the DSD, as..well.. She stated that the Board- approving the requests tonight does not give the citizens who spent time working on the Plan much respect. She stated that while it is important that the Zoning Ordinance be maintained, the_ validity of the DSD boundaries needs to be upheld. .. Nancy Guill of 1010$ Riverview Bluff in .Rescue expressed her concern with changing the designation. into mixed. use and .adding properties into the DSD when the issue of .transportation alternatives .has not been addressed, nor the issue of a phase-in plan for the houses and the businesses. She recommended that more concrete proffers be in place before approving the applications. Sharon Hart of Carrollton in the Newport District recalled that the Isle of Wight Citizens Association has gone on record in opposition to any new inclusions in the DSD at this time. She stated citizens were advised in the original discussions of the DSD that there was a small portion of property that was not included in the Benns Church area that would be asked to be included in the DSD. She stated. there is now a total of 174+ acres being requested for inclusion in the DSD. She stated this property is not needed at this time for development, and. the property owners can come back at a later 17 1 1 1 ii time when they ..are :ready for development. to request inclusion of this property in'the DSD. She noted a third corridor for traffic is needed as there is already traffic congestion in that area. She noted that citizens feel strongly. there should be some insertion in the Comprehensive Plan, if the Board approves this request, that .there is some sort of .intention to .phase the development over a long period of years, with construction of houses to be extended twenty-five (2S) years. She noted that Mr. Morgan addressed the Carrollton Civic League :and noted .that it was .his plan for. the housing to be completed over the next seven (7) to ten (10) years. She reminded the. Board .that VDOT currently only. has funds for maintenance of existing roads, and there are no funds for new construction or improvement of roads. -She noted that even if the developer pays for the realignment of the intersection at Berms Church Boulevard, it will not alleviate the traffic congestion that will be brought to the entire Newport District if the entire area at Benns Church is " developed, which includes ..the golf course. .She reminded the Board of .associated issues that will follow the development such as fire safety, infrastructure, education, and emergency service. Gina Ippolito of 23l James Street in Smithfield requested the Board approve the request. ~ She stated the applicants can not proceed to address issues such as transportation without approval tonight. She .noted that there are citizens in the County who are in favor of a medical center, work force technology, affordable housing for police and chool teachers, office space, ball field complex and retail chaps. She noted that the applicants have demonstrated a huge commitment in working with the County to solve issues, and. determine what the citizens do want in the form of development in that area. Eddie K. Willard of 304 Jefferson Drive. in Smithfield stated the amount of growth in the County is beginning to overwhelm her.. She stated in earlier. years she greeted and interviewed newcomers to the County, and she would inquire what exactly brought them to the County.. She stated in addition to the lower taxes, the response was that they wanted to live in a less congested rural area. She noted the question of how much is enough should be answered by the citizens of the County, the County government, contractors and developers. She also noted the type of .environment desired also needs to be answered.. She requested that the commercial development be delayed until after the homes are built. She stated that rural counties that want to attract businesses and industry must make big concessions in the way c;f land and tax. breaks:. She stated the citizens of the. County need to know. that concessions have been made because it offsets the windfall. She stated that she believes the location is great,. but she is .not sure about the demographics. 1 Richard L. Turner, applicant, .noted that they .have tried to provide people an opportunity to provide their input, and tried to hold meetings in the churches .with other civic organizations. to ensure that all ideas can be heard and implemented in the plan. He stated both applications are taken from. the 18 a . a ene~ ~~ n. ~ ± ~~j Berms .Church roadmap. He confirmed that the amount of land being requested for inclusion in the DSD is only seventy-four (74) acres, of which a great. amount will not be developed. He stated the plan was developed as best they could make it, and. is under a five (5) year review. He stated he did not request the property that contains the. Jordan home to be in the DSD, and he plans to continue farming efforts at that site. He stated that he, Mr. Morgan and the Kirk's are still in the planning stage. He noted-that he is meeting with Dr. Frank in an effort to secure the necessary right-of--ways, and the next step is to bring back a master plan for the Board's consideration. , Chairman Clark referred to the tract of land. owned by Mr. Turner consisting. of twenty-five (25) acres in the DSD, and four hundred and ninety (490) acres outside of the DSD. He noted that he draws a great distinction between Mr. Turner's request tonight, and he cautioned Mr. Turner that he would have a difficult time approving a future request to also include his four hundred and ninety (490) acres in the DSD. Supervisor MacManus inquired why the Kirk property is critical to being-included in the DSD. Mr. Vincent replied that it was important to keep it all contiguous to the owners of he larger tract of land. ,. . Supervisor Bradshaw stated .his concern. is not with the plan, but that the plans are documented in detail. He stated his primary concerns is with the borrow pits, and the conditions that are placed on those properties. Mr. Turner commented that the borrow pits now are still bonded by the State and the County to ensure that they are reclaimed. He noted that the reclaiming of the pits will be a major part of the development, and there will be a planned community located around the lakes. Chairman 'Clark closed the public hearing and called .for comments from the Board. Supervisor MacManus moved the Board .approve the; request with the understanding that this approval does not change the fact that the applicants must address the concerns of fire and rescue, transportation, and how the development will grow in phases (which .will be addressed in later phases of the development). The .motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Clark called for a public hearing on the following: (3.) The request of Lynn Rose, John Rose, Russell Rose, Bruce R. Kirk, J. S. Kirk Material Trust, Kirk Timber and Farming .Inc., Kirk Lumber Company, and Berms Church Properties to amend 19 .._ _ ~. 1 1 :~ , the Comprehensive Land Use Plan Designation of tax map parcels 32-01-012, 32-01-013, 3201-058, 32=01-059 and 32-01- 060 in the Newport Development Service District from Suburban Estate to Mixed Use Activity Center. (4.) The request of Richard- L. Turner, Henry. W, Morgan, Benns Church Properties, Benns Church Properties, Inc. and Isle of Wight Materials Company, Inc., owners, to amend the Comprehensive Land-Use Plan .Designation of tax map parcels 32-01-066, 32-01-068A, 32-01-075+, 32-O1-075B, 32-01-067, 32-01-082, 32-01-068, 32-01-069,:32-01-075A, 3~-01-070, 32- 03-001, 32-03-00 l F, 32-03-001 G, 32-03-001 H, 32-03-00 l A and 32-03-001E in the Newport Development Service District from Business and Employment Growth and .Suburban Estate to Mixed Use Activity Center. Chairman Clark called for persons to speak in favor of, or in opposition to the proposed applications. No one spoke in favor of, or in opposition to, the applications.. Chairman Clark closed the .public hearing and called for comments from the Board. Supervisor MacManus moved the. Board approve the change of usage to mixed use. from the various suburban estates, business and employment. growth for the various .sectors .shown in ` (3.) and (4.). The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion,' and no Supervisors voting against the motion. // Supervisor Bradshaw moved the Board return to the regular order of the agenda.. The motion was adopted unanimously (S-0). // Chairman Clark called for Citizen's Comments. Michael Uzzell reiterated his concerns with stiff at the Smithfield High School.. He advised that he .was ignored by the 'School Board when he addressed. his concern with that body, and he wanted to keep the Board apprised of his concerns. 1/ Chairman Clark called for.the County Attorney's report. 20 :ry County Attorney Stroman formally introduced. Mark C. Popovich, the new Assistant County Attorney, to the Board. County Attorney Stroman noted that contained in his section is a proposed Animal Control Ordinance that was prepared to update the current Ordinance and conform .with changes: in the State law over the past several years. He recommended that the noise provision that applies to animals be .repealed. Supervisor MacManus suggested that the current text be repealed in Section 3-19, and a neighborhood petition procedure be substituted; that Rushmere Shores be included in Section 3-19; that fixed fees of $15 for impound/pick-up, $5 per day for kennel usage and $10 for .adoption be included. County Attorney Stroman. offered to prepare a draft Animal .Control Ordinance for the Board's consideration at its September 30, 2004 meeting to incorporate the above suggestions. County Attorney Stroman .presented aRight-of-Way Agreement for the Administration Building with Dominion Virginia Power :for the Board's consideration. Supervisor Bradshaw moved the Board authorize the Chairman to execute the Right-of--Way. Agreement with Dominion Virginia Power on behalf of the County. The motion was adopted by a vote of (4-0) with ...Supervisors.. Bradby, Bradshaw, Clark and Wright. voting in .favor of the motion; no .Supervisors voting .against the motion; and, Supervisor MacManus abstaining from discussing and voting on the matter. // Chairman Clark called for the County Administrator's. report. There was no report offered for discussion by the Board. // Chairman Clark called for Old Business. A. The application of Robert J. Frank to amend the proffered Master Plan of the Benns Church Development, thirty-three (33) acres of land zoned .Conditional General Commercial (C-GC), to allow a self storage facility and retail/office uses. The property is located on the south side of Brewer's Neck Boulevard (Route 258) east of the Benns Church. Boulevard (Route 10) intersection, 21 i~ II 1 Y ~~ t- 8 Qfir. ~~ . `. ~ ~ ;Carrollton, in the Newport .Election District. (Tabled August 23, 2004). Mr. Small noted staff's recommendation is to~table the matter until the Board's December 16, 2004 meeting. Supervisor Bradshaw moved the Board. table the application of Robert J. Frank .until the Board's .December l 6, 2004 meeting. The motion was adopted by a vote of (~-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against tl:~ motion. ' B: Animal Control Staffing Donald T. Robertson, Assistant County Administrator, stated pursuant to the Board's direction, included in the agenda is background information addressing current staffing within the Animal Control.. Department. He noted that ashort-term solution is to add one (1) additional officer and a vehicle, and he offered to-bring a report back to the Board on the associated costs. Super•~isor Bradshaw moved that the Board direct Mr. Robertson, in conjunction with the Director of Budget and Finance, to provide the Board with. a recommendation .with respect to the various scenarios that are laid out in the Board report, to include a financial impact to the budget. The .motion was adopted by a vote of (5-0} with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, .and no Supervisors voting against the motion. C. Final Report/Pay and. Classification Plan/Palmer and Cay Consulting Group Mr. Robertson noted pursuant to the Board's previous direction, staff has further evaluated .the above issue, and is bringing the matter back before the Board for its consideration and direction. Supervisor Bradshaw commented that he still feels the Board needs to compensate the affected employees .beyond what the consultant. recommended, as certain years of service were ..not recognized.. He recommended. that the Board provide a one (1) time cash compensation for these individuals.. He noted that the Director of Human Resources also recommended that before he left. ` .Supervisor MaGManus commented that there are nine (9) .individuals who will be affected, who already received an average of a $5;000 increase in .pay. He stated to proceed with a no years . of service limit would take .these .individuals up to a $9,200 one-time increase, which seems excessive to him. 22 ao~n 22 -. ~~ ~~3Q Supervisor Bradshaw stated this is not an issue of the compensation, but an issue of the integrity of the plan, and the message it sends to these senior employees who are the .ones who have been employed a longer time by the County. He stated it would. be recognizing. that the way the plan was set up did not take into consideration the full length of service of these people were employed with the. County. He stated based on the years of service these employees have, he believes the Board should at least do a one (1) time compensation for these employees.: Chairman Clark commented that compensating one (1) group of employees with years, but not other groups, with one (1) time contributions may have legal implications. Supervisor Bradshaw moved the Board direct staff, in conjunction with the County Attorney, to review and. report back to the Board with a recommendation on the possibility of providing the employees :contained in the Board report a one (1) time cash compensation, based on their years of service. The motion was adopted by a vote of (S-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in .favor of the motion, and no Supervisors voting against the motion. // Chairman Clark called forNew Business. .County Administrator Caskey presented a Board report responsive to a meeting held this week by .the Newport Development Service. District Revitalization Committee requesting thatconsideration be given for a three (3) flagpole display to be located. at the south end of the James River Bridge. He noted the flags would represent the United States, the County and the Commonwealth of Virginia. He stated the Beautif cation Committee, on behalf of the Board, has. been requested to review the matter, and come back to the Board with their recommendations. Supervisor MacManus moved that the Board direct staff to .formally incorporate the Revitalization Committee's recommendation; have the Board adopt it; request VDOT to consider funding of three (3) flag .poles (Virginia/County/Llnited States); and, note that different .lighting and brick work is being requested. Tl-ie .motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor MacManus moved that in regard to the upcoming meals tax referendum, and based on discussions at the Finance Committee meeting, that the Board direct staff to prepare a white paper and .detailed strategy for presentation back to the Board at its September 30, 2004 meeting with respect to how the Board can proceed with presenting information on the meals tax referendum, so that there are both. staff and Board opportunities, to 23 1 1 .. , E09P ~~ ..:•:~'~~. go forward, to the public to talk about the upcoming referendum. The motion was adopted by a vote of (5-0) with. Supervisors MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of .the. motion, and no Supervisors voting against the motion. Supervisor Bradshaw notified the Board that Mr. Hart .with Accomac County desires to serve in the capacity of Secretary/Treasurer of VACo. Supervisor Bradshaw moved that the Board direct staff to prepare an .appropriate resolution for consideration at the Board's September 30, 2004 meeting showing the County's support for Mr. Hart as Secretary/Treasurer of VACo. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby,. Bradshaw, .Clark and. Wright. voting in favor of the. motion, and no Supervisors voting against the motion.. // County Attorney Strornan requested a closed meeting pursuant to the Freedom of Information Act, Section 2.2-3711.A.1 to discuss two (2) personnel matters ,involving discussion or consideration of .prospective candidates for employment, assignment, or promotion; Section 2.2-3711.A.3 concerning a matter involving acquisition of real .property for a public purpose where there has been no prior public discussion;. and, Section 2.2- 3711A.7 to discuss .two (2) legal matters requiring advice by the County ', Attorney. I Supervisor MacManus moved the Board enter the closed meeting for the reasons .stated by the County. Attorney. The motion was adopted by a vote of (5-0) .with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright voting in favor of the motion, and no Supervisors votingagainst the motion.. Supervisor Bradshaw moved the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby, Bradshaw, Clark and Wright 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 2.2-3712.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; 24 rl an~- ~~ •;~~? NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's. knowledge, (i) only public business matters lawfully exempted .from open .meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were .heard, .discussed or considered by the Board of Supervisors. VOTE AYES: MacManus, Bradby, Bradshaw, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Chairman Clark moved the Board deny the claim discussed in .closed meeting. The motion was adopted by a vote of (5-0) with Supervisors. MacManus, Bradby, Bradshaw, Clark and .Wright voting in favor of the. motion, and no Supervisors voting against the motion. • Supervisor Bradshaw moved the Board authorize the County. Attorney to enter into the agreement discussed in closed meeting. The motion was adopted by a vote of (5-0) with Supervisors MacManus, Bradby, Bradshaw, Clark and Wright .voting in favor of the motion, and no Supervisors voting against the motion.: // At 10:30 p.m., Supervisor Bradby moved that the Board adjourn its meeting.. The motion was adopted unanimously (5-0). ~~~ `L~ Stan D. Clark, Chairman W. Douglas as ey, Clerk.