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09-12-2006 Special Meetingw - ,. I I SPECIAL MEETING OF THE- ISLE OF .WIGHT .COUNTY. BOARD OF SUPERVISORS HELD THE TWELFTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND SIX PRESENT:. Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. (Arrived at 4: l0 p.m.) Thomas R. Ivy Phillip A. Bradshaw Also Attending: Mark C. Popovich, Assistant County Attorney E. Wayne Rountree, P.E., Assistant County Administrator Patrick. J. Small, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the special meeting to order at 4:00 p.m. and delivered th ' e mvocati n. 0 /l '~ Chairman Wright distributed a sheet from the Director of Budget and Financeentitled "Isle of Wight County 2006 General Property:Reassessment Calculation of Tax Rate Roll Back" reflecting. a lowered rate from $0.68 to ~'~ $0.473. Assistant County Attorney Popovich .called for a closed .meeting ursuant to Section 2.2-3711.A.7 0 f th p e Code o Vir inia for the li ' mrted f g purpose of consultation with legal counsel pertaining to actuallitigation, and pursuant to' Section 2.2-3711.A.1 regarding the discussion of a personnel II matter .related to the assignment, appointment, promotion,. performance, demotion, salaries, disciplining or resignation of specific public officers,. appointees or employees. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the .reasons stated by the Assistant County. Attorney. ;The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,. Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and, ' Supervisor Brown absent from the vote. Supervisor Bradshaw moved .that the Board return to open session. The motion was adopted by a vote of (4-0)-with Supervisors. Bradshaw, Clark, Ivy and Wright .voting in favor of the. motion; no Supervisors voting against the motion; and, .Supervisor Brown absent from the vote. Supervisor Ivy moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING 1 a~~.y 2~ ~~~.~3 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 Baard of Supervisors that such closed meeting was conducted inconformity with Virginia law;. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening. the closed meeting were heard, discussed or .considered by the Board of Supervisors. VOTE AYES:. Bradshaw, Clark, Ivy and Wright NAYS: 4 ABSENT DURING VOTE: Brown ABSENT DURING MEETING: Brown // Chairman Wright maved that the Board recess until the arrival of Supervisor Brown. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting.. in favor of the motion; no .Supervisors voting against the motion; and, Supervisor Brown absent from the vote. Supervisor Brown arrived at 4:10 p.m. Assistant County Attorney Popovich called for a closed meeting. pursuant Section 2.2-3711.A.7 of,_the C.'ode of Virginia for the limited purpose of consultation with legal counsel pertaining to actual litigation,. and pursuant to Section 2.2-37i l.A.l regarding the discussion of a personnel matter related to ..the assignment, appointment, promotion,- performance,- . demoti©n, salaries, disciplining or resignation of specific public officers, appointees or employees. Supervisor Bradshaw moved that the Board enter the Closed Meeting far the reasons stated by the Assistant County Attorney. The motion was adopted by a vote of (S-4}.with Supervisors Bradshaw, Brown, Clark, Ivy and 2 y ~e, f 24 .:-2~~ Wright votin in. favor of the motion, .and no ~Su ervisors votin a ainst the g P g g motion. Supervisor Bradshaw moved: that the Board return to open session. ~ The .motion was adopted by a vote. of (5-0) with Supervisors Bradshaw, Brown, .Clark, Ivy and Wright voting in favor of the motion, -and no ,, Supervisors voting against the motion. Supervisor .Clark moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSEDMEETING 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 'I conducted in conformity with Virginia law; NOW,. THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's. knowledge, (i) only public business matters lawfully exempted from ..open -meeting requirements by Virginia law were discussed in the closed .meeting to which this certification resolution applies, and (ii) only such public business matters as'were identified in the motion convening the closed meeting were heard, discussed or ~, considered by the Board of Supervisors.. '' VOTE AYES: Bradshaw, Brown, Clark, Ivy and. Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ` ~I i // At 4:40 p.m., Supervisor Bradshaw moved that the Board adjourn its special meeting. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright. votingi'/ avor of the. motion, and no Supervisors. voting against the motion.. l ~~..-,.,cr..~ ! a ~ ,.ill" 3