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09-18-2008 Regular Meeting REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE EIGHTEENTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND EIGHT PRESENT: Stan D. Clark, Chairman James B. Brown, Jr., Vice-Chairman Phillip A. Bradshaw Al Casteen Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk Chairman Clark called the meeting to order at 11:00 a.m. // Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman Clark called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Following Special Presentations, add a Closed Meeting item regarding a personnel matter; under New Business, add an item regarding Crop Disaster Relief (Resolution to Request that the Governor Declare Isle of Wight County an Agricultural Disaster Area); under New Business, add a Board Report concerning Tourism/Arts Partnership and Relocation of Visitor Center and Tourism Office to 319 Main Street (Old Winn?s Hardware Building); under New Business, add consideration of naming the Education Room at Boykin?s Tavern after Majorie Keeling; under Old Business, add a Board Report concerning the demolition of the dentist office, Johnson House and Schneider House in Zuni; under Old Business, add one (1) item per Supervisor Casteen; and, under Closed Meeting, add one (1) matter relative to property acquisition and one (1) matter regarding personnel, per Chairman Clark. Supervisor Brown moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1 // Chairman Clark called for Special Presentations/Appearances. Kristen M. Mazur, County Engineer, formally introduced Ms. Gretchen Gonzalez, the County?s new Environmental Programs Manager in the Engineering Division. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A1 of the Freedom of Information Act for the limited purpose of discussion regarding the performance of a specific public employee. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reason stated. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown moved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that 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; 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. 2 VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING : 0 The Board took no action following the Closed Meeting. Chairman Clark advised that he had a Closed Meeting item to add to the agenda with regard to a personnel matter. // Chairman Clark called for Regional Reports. County Administrator Caskey advised that from this point forward, the Hampton Roads Planning District Commission (HRPDC) and the Hampton Roads Metropolitan Planning Organization (HRMPO) will be two (2) separate agencies. He stated with respect to the HRMPO agenda, the continued structuring of the MPO separate from the HRPDC was discussed, as well as bridge construction and the status of bridge structures within the Hampton Roads region, as the HRMPO deals strictly with transportation issues,. He reported that the HRMPO has conducted a regional bridge study and that there had been discussion relative to funding opportunities for some of the bridges that are in need of repair and, which can be repaired, as opposed to the Jordan Bridge in the City of Chesapeake, which is set to be closed at the end of this calendar year, as was the bridge in the City of Suffolk. He reported that the second half of the meeting involved the HRPDC meeting and that only routine business had been discussed. Chairman Clark advised that the structural changes that have occurred within the two (2) agencies have been designed to prevent any impediments for qualification of Federal Highway Administration funds. Supervisor Bradshaw requested County Administrator Caskey to provide the Board with a list of deficient bridges in the County and their status. He notified the VDOT Residency Administrator, who was present in the audience, that the Blackwater Bridge, which is currently under construction, had been listed incorrectly in The Virginian Pilot as being located on Camp Parkway versus Carrsville Highway, which leads him to believe that either the VDOT report or the MPO report is incorrect. 3 Supervisor Casteen reported that the Joint Tourism Committee had met and that Mrs. Winslow, the Director of Tourism and Historic Resources, would be presenting an item under New Business. Supervisor Wright reported that the new Western Tidewater Regional Jail Superintendent is doing an excellent job. Supervisor Wright reported that the Western Tidewater Water Authority meeting scheduled for Friday, September 19, 2008 has been canceled; however, the Authority members do have in hand the document regarding water from the other municipality and that the Authority is anticipated to conduct a meeting in October 2008. Supervisor Wright reported that the Windsor Intergovernmental Relations Committee has not met; however, he had attended the most recent meeting of the Windsor Town Council and provided the Council members with an update on what is being accomplished in the County. Supervisor Bradshaw reported that the final three (3) candidates being considered for the position of Executive Director of the Hampton Roads Economic Development Alliance would be meeting this afternoon with the Executive Board. Supervisor Bradshaw reported that a VACo special committee is in the process of developing a strategic plan with respect to a funding position for that organization. He advised that he hoped before November that a tool kit would be developed that will assist local governments in providing information to its citizenship with respect to how the General Assembly has been passing off its financial responsibility to local governments. He advised that the only source of income that local governments have in order to take on those financial responsibilities dictated by the General Assembly is the real estate tax rate. He stated that unless something is done in Richmond, the Board will be forced to increase the rate, which will most likely occur next year. He suggested that a public service announcement be broadcast on the County?s Peg channel. Supervisor Brown reported that the Southeastern Public Service Authority Executive Board had met to discuss the first phase of the evaluation of the four (4) RFP submittals. He advised that Davenport & Company is the consultant, which developed the criteria by which the Executive Board could weed out the less desirable RFPs. Supervisor Bradshaw reported that Supervisor Wright, Patrick Small, Eddie Wrightson, Ralph Anderson and he had visited Pasquotank County, North Carolina, regarding that locality?s ideas with respect to waste disposal and solid waste collection. He advised that staff is exploring alternative ideas with regard to the County?s convenience centers. He advised that capital outlays may be necessary in order to get to where the County needs 4 to be with respect to trash collection. He advised that Pasquotank County is disposing of their trash in Sussex County instead of being involved in a regional effort, which is more costly. He stated that Pasquotank County?s cost is less than $30 a ton to haul the waste to Sussex County as compared to the County?s cost of $105 utilizing a regional authority. Supervisor Bradshaw reported that the Carrsville water system is being upgraded and the Public Utilities Department will be holding a citizens? meeting next week at the Carrsville Elementary School to discuss alternatives for extending the lines to some of the citizens that are currently on the system. // Chairman Clark called for Transportation Matters. Chairman Clark requested a status on Yellow Rock Road. Ms. Mazur responded that a survey has been requested and as soon as she receives an update, the project will be added to the Transportation Report. Ms. Mazur advised that staff would be reviewing stakeholder requests relative to a County-wide Transportation Plan. Supervisor Bradshaw requested that staff ensure that the Comprehensive Plan and corridors are incorporated into the County-wide Transportation Plan. He noted that thirty (30) years is not a realistic timeframe and Ms. Mazur offered to relay his comments at the stakeholder meeting. // Chairman Clark called for Citizens Comments. Margaret O?Dwyer, 13401 Prince Andrew Trail, Woodbridge condominiums at Eagle Harbor, advised the Board about the occurrence of sewer backups in that development which occurred in November 2007; March 10, 2008; and, again in August 2008. Chairman Clark moved that the agenda be amended and that this matter be taken up as an item of New Business at this point on the agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Eddie P. Wrightson, III, Director of General Services, advised that the sewer line crossing Route 17 has been experiencing backups as a result of a 5 disjointed pipe. He advised that staff is in the process of considering no-dig solutions at this site and the system is currently being vacuumed out regularly so that it does not overflow. As a temporary solution, he offered to communicate directly with Ms. O?Dwyer and advise when the next pump out would occur until a long-term solution is identified. Chairman Clark moved that staff provide a comprehensive report to the Board at its November 20, 2008 meeting identifying the problem; how long the problem has been occurring; and, a solution. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the County Attorney?s report. Interim County Attorney Burton, pursuant to the Board?s direction to staff at its September 4, 2008 meeting, advised that he had met with representatives of Wheeler Development regarding a site plan modification for the Shoppes at Eagle Harbor. He advised that staff is working on this issue; however, it has not been resolved at this time. He advised that there have been two (2) meetings to date and that the applicant is exploring the possibility of eliminating the dome and building a roof line in its place. He advised that the County?s position remains that the applicant is to comply with the site plan approved by the Board to include certain options. He advised that the applicant?s attorney, by letter, is questioning the Board?s ability to issue a temporary versus a permanent Certificate of Occupancy. He advised that he will be issuing a response to that letter which he will share with the Board. Interim County Attorney Burton advised that he had three (3) items to discuss with the Board later during the Closed Meeting. // Chairman Clark called for the Community Development report. Beverly H. Walkup, Director of Planning and Zoning, presented the following application for the Board?s consideration: The application of Ivor Properties, Inc., owner for preliminary site plan review for a proposed office and parking lot located on approximately 2.36 acres of land. Ms. Walkup noted that the applicant and his engineer are present should the Board wish to discuss the specifics of the application. She advised that the weakness contained in the staff report with respect to 6 VDOT not having approved the proposed commercial entrance onto Windsor Boulevard has been resolved and the entrance has now been approved. She advised that the Planning Commission had recommended a waiver for the landscape requirements as this site is heavily wooded and there is already adequate landscaping; however, when an applicant does not comply with the requirements, it is historically listed as a weakness by staff. She advised that with respect to the third weakness noted in the report regarding several revisions that need to be made to be in compliance with the Zoning Ordinance, only minor revisions remain that need to be addressed with respect to the final site plan. She stated that should the Board elect to approve the site plan, the Board will be granting preliminary site approval and a waiver to the landscaping requirement with all other issues being addressed at final site plan review. Chairman Clark requested that the front contain a pedestrian walkway. Supervisor Wright moved that the request for waiver be granted to the landscaping requirements and that the preliminary site plan be approved, to include an easement for a sidewalk or pedestrian walkway in the front, with all other issues being addressed at site plan review. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for the General Services report. Ms. Mazur advised that the County receives a review from the Department of Conservation and Recreation on its Erosion and Sediment (E&S) Control Program. She noted that four (4) years ago, the County had not been in compliance in the areas of program administration, plan review, inspections and enforcement. She advised that the County is now 96% compliant in program administration; 60% compliant in plan review; 60% compliant in inspections; and, 90% compliant with respect to enforcement. She advised that the Department of Conservation and Recreation considers anything less than 70% compliance in any of the above areas as a locality not being compliant. She recommended that the Chairman be authorized to send the letter contained in the agenda dated September 18, 2006 to Mr. Noah Hill, Regional Manager, Department of Conservation and Recreation, in response to his letter of August 21, 2008 advising of the County?s actions and commitment to become compliant. Supervisor Bradshaw moved that the Chairman be authorized to sign the letter contained in the agenda to the Department of Conservation and Recreation (DCR) requesting consideration of their recommendation to the DCR Board. The motion was adopted by a vote of (5-0) with Supervisors 7 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Mazur advised that the Soil and Water Conservation Board will be meeting on September 24, 2008 at 9:30 a.m. in Richmond and she offered to remind the Board members as that date draws near so that they may attend. Ms. Mazur advised that a recent request for streetlights by a citizen that did not conform to the County?s current Streetlight Policy has prompted a review of that Policy. She advised that the current Policy requires requestors to pay the cost of the streetlight installations and seven (7) years of operational and maintenance costs. She advised that staff is desirous of revising the Policy to be more detailed specifically to the amount of lumens that are produced and that a plan be developed regarding the installation of streetlights. Supervisor Bradshaw offered to meet with staff and present a revised Policy back to the Board. // Chairman Clark called for the Emergency Services report. Joseph Russell Chase, Emergency Management Coordinator, requested the Board to approve a resolution declaring a local emergency in the County relative to Tropical Storm Hanna. Supervisor Bradshaw moved that the Board adopt the following Resolution Declaring a Local Emergency to Exist in Isle of Wight County, Virginia: RESOLUTION DECLARING A LOCAL EMERGENCY TO EXIST IN ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, does hereby find as follows: 1. That due to the occurrence of destructive storms and high winds, the County of Isle of Wight has experienced a condition of extreme peril to the lives, safety and property of the residents of Isle of Wight County; 2. That as a result of this extreme peril, the proclamation of the existence of an emergency is necessary to permit the full powers of government to deal effectively with this condition of peril. 8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that a local emergency exists in the County of Isle of Wight. BE IT FURTHER RESOLVED that during the existence of this emergency the powers, functions, and duties of the Director of Emergency Services and the Emergency Services organization and functions of the County of Isle of Wight shall be those prescribed by the laws of the Commonwealth of Virginia and the ordinances, resolutions, and approved plans of the County of Isle of Wight in order to mitigate the effects of said emergency. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution to Terminate the Declaration of a Local Emergency Made Necessary by a Tropical Storm Hanna, Declared by the Director of Emergency Management of Isle of Wight County, Virginia on September 5, 2008: A RESOLUTION TO TERMINATE THE DECLARATION OF A LOCAL EMERGENCY, MADE NECESSARY BY A TROPICAL STORM HANNA, DECLARED BY THE DIRECTOR OF EMERGENCY MANAGEMENT OF ISLE OF WIGHT COUNTY, VIRGINIA ON SEPTEMBER 5, 2008 WHEREAS, Section 44-146.21 of the Code of Virginia (1950, as amended) prescribes necessary actions precedent to a declaration of a local emergency; and WHEREAS, pursuant to Section 44-1146.21 of the Code of Virginia (1950, as amended), the local Director of Emergency Management, acting with the consent of the governing body, the Isle of Wight County Board of Supervisors (the ?Board?), declared an emergency and that such declaration was confirmed by the Board at a meeting within fourteen days of the emergency declaration, as required by law; and WHEREAS, Section 44-146.21 of the Code of Virginia (1950, as amended) prescribes that the governing body, when in its judgment all emergency action have been taken, shall take appropriate action to end the declared emergency; and WHEREAS, the Board is satisfied that all emergency actions have been taken to remedy real and substantial threats to health and safety of persons and property in Isle of Wight County, Virginia, posed by Tropical Storm Hanna, which necessitated a declaration of local emergency. 9 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia: 1. That it hereby terminates the Declaration of Local Emergency made effective September 5, 2008, at 12:00 p.m., Eastern Daylight Time (EDT), by the Isle of Wight County Director of Emergency Management and confirmed by the Board of Supervisors on September 18, 2008; and such declaration shall be effective at 11:59 p.m., Eastern Daylight Time (EDT), on September 18, 2008. 2. That it understands and confirms that the Declaration of Local Emergency empowered the Director of Emergency Management with special authority and duties; said authority and duties being defined by the laws, rules, regulations and plans of the United States of America, the Commonwealth of Virginia and Isle of Wight County. 3.That it confirms that all needed emergency actions have been taken. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Chase formally introduced Taylor Blunt, an intern in the Department of Emergency Management and student attending Christopher Newport University, who provided the Board with an overview of Tropical Storm Hanna, which included an introduction; landfall and after-action recommendations. He advised that also included is an incident log of the event and a personnel log of those present in the County?s Emergency Operations Center upon it full activation. Supervisor Bradshaw reported on the excellent condition of the Fairgrounds. He publicly recognized all citizen volunteers and the Fair Committee. He noted that it may benefit the Board to have a liaison between the Fair Committee and the Board. Supervisor Wright moved that Supervisor Bradshaw serve as a liaison between the Fair Committee and the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for consideration of the Consent Agenda. A. Safety/Training Coordinator 10 . Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Addition of a Safety & Training Coordinator B. Funding Request from Southampton County Regarding OLF . Resolution to Appropriate Funds from the Unappropriated Fund Balance to Support a Defense of an Outlying Landing Field (OLF) C. Additional Funding for Department of Forestry D. Monthly Financial Reports for County and Schools E. Recyc Systems, Inc. Biosolids Status Report F. Septic Pump-Out Program Update Supervisor Bradshaw moved that Item (F), Septic Pump-out Program Update, be removed and that the remaining items be approved on the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Brown inquired how many letters regarding the Septic Pump-out Program were sent to residents in the Smithfield District. Ms. Walkup advised that thirty-one (31) households have been identified in the Smithfield District with existing septic systems and those letters will be mailed on September 22, 2008. Supervisor Brown moved that Item (F), Septic Pump-out Program Update, be approved. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Clark called for Appointments. There were no appointments offered by the Board. // Chairman Clark called for Old Business. A. The application of James B. Brown, Jr. and Judith B. Roberts, et al, owners, and Brown, Jolley, Brown, LLC, applicant, for a 11 change in zoning classification of approximately 42.65 acres of land from Rural Agricultural Conservation (RAC) to approximately 9.6 acres of Conditional-General Commercial (C- GC) and approximately 33 acres of Conditional-Urban Residential (C-UR). The property is located at the intersection of Carrollton Boulevard (Route 17) and Deep Bottom Drive (Route 662) in the Newport Election District. The purpose of the application is to develop a mixed-use community with commercial parcels on the Route 17 frontage and multi-family residential units in the rear. Chairman Clark moved that the application be deferred until the Board?s October 2, 2008 meeting per the request of the applicant. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Brown abstaining from discussing and voting on the matter. Chairman Clark called for discussion on the following: B. The application of Edward R. and Sharon C. Lenz, owners, for an exception to the Chesapeake Bay Preservation Area Ordinance, for two adjacent lots. Specifically, Section 4002 (B)(2)(a.) to allow encroachment of up to 50 feet into the 100 foot Resource Protection Area Buffer for the construction of a single-family home on each lot. Lot 59, containing nearly 0.51 acres of land, and Lot 60, containing just over 0.40 acres of land, are located in the C. L. Obrey Subdivision on the north side of Lakeview Lane, Carrollton, in the Newport Election District. Supervisor Brown moved that the application be deferred until the Board?s November 6, 2008 meeting per the request of the applicant. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding an update on the proposed Fire and EMS Station in Smithfield, Chairman Clark moved that the matter be deferred until the Board?s October 2, 2008 meeting to allow him and Supervisors Brown and Casteen to meet with the Smithfield Intergovernmental Relations Committee. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding a request by Mr. Harrell for an easement through the Camp Washington property, Patrick Small, Assistant County Administrator, advised that staff has met with Mr. Harrell and determined that his property does appear to be landlocked, although it does not appear to be so due to the 12 County?s acquisition of the Camp Washington property. He noted that staff did not have a recommendation at this time, but does not believe that placing an easement through the center of the Camp Washington property is a prudent idea. He noted that staff will continue to work with Mr. Harrell on a resolution and that he would keep the Board apprised of any progress made in this regard. Chairman Clark commented that while being landlocked entitles Mr. Harrell to an easement across someone?s property to the nearest roadway, such easement should not be allowed to divide the County?s property. Judy H. Winslow, Director of Tourism and Liaison to the Zuni Revitalization Committee, reported that she had met with the Committee this week concerning their request to demolish the dentist office and the Johnson and Schneider homes in Zuni, which are subject to flood and which are owned by the County. She advised that the Committee recommends that the Bank of Zuni, which is also owned by the County, not be demolished, but closed off to the weather. She advised that the Committee is also requesting that the Zuni Historical Society and the Isle of Wight Historical Society be allowed to examine the properties prior to demolition to determine if any artifacts can be identified. Supervisor Bradshaw moved that staff be authorized to coordinate demolition of the properties after the historical societies have searched for and removed any existing artifacts. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Responsive to questions posed by Supervisor Casteen regarding the property that was purchased in Windsor, Chairman Clark advised that the manner in which the County negotiates or acquires property is Closed Meeting material and not intended for discussion in open meeting. // Chairman Clark called for New Business. Nathan O?Berry, Extension Agent, presented a Resolution to Request that the Governor Declare Isle of Wight County an Agricultural Disaster Area for the Board?s consideration. He advised that the corn and soybean crops have suffered a 35% loss and the pasture hay crop has suffered a 40% loss, representing a $4.7 million loss to the producers in the County due to a lack of rain. Supervisor Bradshaw moved that the following Resolution be adopted: RESOLUTION TO REQUEST THAT THE 13 GOVERNOR DECLARE ISLE OF WIGHT COUNTY AN AGRICULTURAL DISASTER AREA WHEREAS, Isle of Wight County, Virginia has experienced insufficient rainfall during critical periods of crop emergence, growth, and development during 2008; and, WHEREAS, said weather conditions have severely damaged the corn, cotton, peanut and soybean crops and pastures/hay in Isle of Wight County; and, WHEREAS, the crop and pasture damage will create an economic hardship on those farmers negatively impacted by the drought conditions. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia requests the Governor of the Commonwealth of Virginia to designate Isle of Wight County an agricultural disaster area for the purpose of being eligible for low interest loans and/or other disaster aid. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Winslow advised the Board that the Joint Tourism Committee has recently discussed joining a public/private partnership with the Isle of Wight Arts League and Tourism, which will result in the relocation of the Visitor Center and Tourism Office to 319 Main Street in the Old Winn?s Hardware Building. Supervisor Wright moved that the Chairman be authorized to execute the lease upon approval by the County Attorney and that the rollover of remaining FY08 funds to cover the Tourism portion of build-out, if not included in lease terms, be authorized. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Ms. Winslow, on behalf of the Boykin?s Tavern Advisory Committee, requested permission to name the Education Room at Boykin?s Tavern after Majorie Keeling. She noted if approved, a ceremony to name the room is proposed for October 19, 2008. Supervisor Wright moved that the Education Room at Boykin?s Tavern be named after Majorie Keeling and that staff be directed to inquire if the School Board would like to dedicate a plaque. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 14 // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.7 of the Freedom of Information Act for the limited purpose of discussion with legal counsel regarding actual litigation regarding a settlement; pursuant to Section 2.2-3711.A.3 concerning discussion regarding the acquisition of real property in the Zuni district; and, pursuant to Section 2.2-3711.A.7 concerning discussion regarding the performance of a specific public employee. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated by the Interim County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that 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; 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, Casteen, Clark and Wright NAYS: 0 15 ABSENT DURING VOTE: 0 ABSENT DURING MEETING : 0 Chairman Clark moved that staff be directed to review the pay scale for the Assistant Commonwealth Attorney and balance it with what other localities are paying and come back with a recommendation to determine if a supplement is warranted. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // At 1:50 p.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. __________________________ Stan D. 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