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03-05-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIFTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman (Arrived at 6:00 p.m.) Phillip A. Bradshaw, Vice - Chairman Al Casteen Stan D. Clark 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 In the absence of Chairman Brown, Vice - Chairman Bradshaw called the meeting to order at 5:00 p.m. 11 Supervisor Wright delivered the invocation. // The Pledge of Allegiance was conducted. // Vice- Chairman Bradshaw called for Approval of the Agenda. Interim County Attorney Burton offered the addition of five (5) closed meeting items under the County Attorney's Report. Supervisor Wright moved that the Board approve the agenda, as amended. 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, Chairman Brown absent for the vote. // Vice - Chairman Bradshaw called for Special Presentations /Appearances. Tom Steffens, ForKids, Suffolk House, provided a program overview of ForKids, a non - profit organization formerly known as the Center for Hope and New Beginnings (Suffolk Homeless Shelter). He noted that the support of the community and volunteers help to make this program successful. 1 Supervisor Clark moved that the matter be referred to staff for consideration during the budget process and that, in the meantime, staff be directed to investigate how this effort can be correlated with other regional homeless efforts. 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, Chairman Brown absent for the vote. Patricia R. Knight, Virginia Partnership Specialist, United States Census Bureau, briefed the Board on that organization's partnering efforts with local governments relative to the upcoming 2010 census to ensure that citizens are appropriately informed and accurately counted. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that an interview with Ms. Knight is aired on the County's PEG channel and that the number to call for persons interested in assisting with the census is depicted across the television screen. Pearl Taylor, Food Services Supervisor, Isle of Wight County Public Schools, provided an overview on the food programs currently being offered in County schools. Heather Mantz, Virginia Port Authority Director of Environmental Affairs, briefed the Board regarding potential impacts to the Ragged Island shoreline as a result of a proposed shore protection and habitat mitigation project being partnered by the Authority and the Army Corps of Engineers. She advised that the goal of the project is to extend the life of the Craney Island dredge material management area and ultimately provide land for the construction of a State -owned marine terminal in Hampton Roads. She advised that the project will extend the life of Craney Island an additional ten (10) years, while creating 54,000 jobs and a $5 billion economic impact to the Hampton Roads region. She advised that the design was performed by the Virginia Institute of Marine Science to restore the eroded shoreline, to include building wetlands and providing fisheries habitat. She advised that a series of break waters and a partial sand fill will be built that will be planted with wetland grasses and the shallow pool will be subsidized with oyster or clam shells. The following concerns were noted by the Board with respect to the proposed project: Where the sand is to come from and where it will be placed on- site; Markers are to be included in the engineer's drawing warning small craft; 2 The size of rock should be larger than Class 2 rip rap, which is too small for the wave action at that location; and, What materials will be included in the dredged material because of its potential to end up in Ragged Island Creek, which has been designated as an exceptional waterway. Beverly H. Walkup, Director of Planning and Zoning, was directed to develop and email to the Board a summary of the Board's concerns, along with a reminder of the March 16, 2009 Wetlands Board public hearing date. Ms. Walkup was further directed to arrange a field trip for interested Board of Supervisors and Wetlands Board members to tour a similar project completed by the Virginia Port Authority at Plum Point near the Midtown tunnel in the City of Norfolk. 1/ Vice - Chairman Bradshaw called for Regional Reports. Assistant County Administrator Small briefed the Board on the economic analysis conducted by Dr. Koch, Old Dominion University, with respect to the Hampton Roads Economic Development Alliance. He reported that the document notes that the Alliance has assisted with over $1 billion dollars in new investments during the past four (4) years; that the County is one (1) of the communities in the metro area that has the most amount of individuals coming in from outside of the metro area to work and individuals working outside the metro area; that the County has the most favorable cost benefit, while being a relatively minor contributor to the Alliance; that a business locating anywhere in Hampton Roads benefits the entire metro area; that the payroll benefit to the County equals $676; and, that the tax revenue represents $11 for every dollar invested in the Alliance. Supervisor Casteen reminded the Board members that the grand opening of the new Tourism office is March 13, 2009 at 4:00 p.m. Supervisor Clark reported that all eight (8) participating member jurisdictions of the Southeastern Public Service Authority (SPSA) are pledging support with respect to gap funding. He advised that only seven (7) participating member jurisdictions, excluding the City of Virginia Beach, are committed to the restructuring of the debt. He advised that the first step is to determine if State legislators and the Governor will agree to share equally in the general obligation for the restructuring of the debt. Chairman Brown arrived at the meeting and preceded over the meeting. Supervisor Bradshaw reported that the State's budget has been approved by the General Assembly and stimulus funds will be used to fully fund education and Constitutional Officers. 3 Supervisor Wright reported that the Western Tidewater Water Authority has signed a contract and formed a subcommittee charged with developing an improved alliance between the City of Suffolk and the County with respect to water issues. Supervisor Wright reported that the Fire and Rescue Association will again be sponsoring its seafood event at the 2009 Fair. He advised the Board that he has volunteered their assistance with serving the food. He remarked that the Association is looking forward to the new air packs, as the existing packs are now 25 years old. 1/ Supervisor Bradshaw moved that the Board take a recess. 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. // Chairman Brown called for Transportation Matters. Responsive to a request by Supervisor Clark regarding the status of Yellow Rock Road, Kristin M. Mazur, County Engineer, advised that funding has been identified within the Engineering budget that can be utilized to relocate the power pole on Yellow Rock Road. She further advised that once the pole has been relocated, the project will be turned over to VDOT. Noting the departure of Ms. Mazur on March 20, 2009 from employment with the County, Supervisor Clark requested that staff be prepared to move forward in her absence with getting this matter resolved as quickly as possible. Responsive to Supervisor Bradshaw's inquiry regarding Piney Grove Road, Ms. Mazur advised that she is working in conjunction with the County Attorney's office and, if it is determined that the County was deeded the property by private property owners, then the County can proceed to deed the property back to the private property owner, of which Piney Grove Church was an original property owner. She advised that a right of entry will be given to the other property owner, International Paper, to prevent any land locking. 4 Responsive to Chairman Brown's inquiry if the landscaping and lighting requirement at the Rushmere Volunteer Fire Department is a function of VDOT, Beverly Walkup, Director of Planning and Zoning, advised that staff is scheduled to perform a field visit on site and, once a plan is submitted by the Fire Department, she will be better able to determine if the requirements of the Zoning Ordinance are being met or whether a landscaping waiver needs to be requested. Chairman Brown, Ms. Walkup and the Rushmere Volunteer Fire Department Chief agreed to meet to further discuss the matter. Ms. Mazur advised that the Hampton Roads Area Metropolitan Planning Organization (MPO) will be receiving $41 million dollars in stimulus funding. She stated that the Transportation Technical Committee recently voted to divide the funds per capita, of which the County's portion will be $813,000. She stated from that $813,000, the Towns of Smithfield and Windsor are requesting that their funds be divided per capita, which equals 20 %, or $162,600 for the Town of Smithfield and 8 %, or $65,000 for the Town of Windsor, leaving $585,000 as the County's share. She noted that she has distributed a list of projects that are eligible to receive Federal funding. She requested that the Board provide direction on which projects it would like included in the list, which must then be submitted to the MPO. She advised that the County can give the projects to VDOT to manage or they may be locally administered by the County in coordination with VDOT. Supervisor Bradshaw moved that staff be directed to send a letter to the Metropolitan Planning Organization and direct Supervisor Clark that, with respect to the economic stimulus money and the $813,000 designated for use in the County, that the Board designate the Route 460 drainage project; the Route 10 drainage project; the Smithfield Church Street project; and, the Town of Windsor sidewalk repair project. If the flood prevention project fails, then the Board designates the traffic calming and safety improvements project in its place. 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 Brown called for Citizens Comments. Carolyn Pollard read a letter into the record from Otelia Tynes dated March 4, 2009 and expressing her concern with the discontinuation of the Respite Program administered by the Health Department. Supervisor Bradshaw moved that the matter be further discussed later in the meeting under Old Business. 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. 5 Frederick Chapman spoke in favor of the Health Department continuing to administer the Respite Program. 1/ // Chairman Brown called for Board comments. No comments were offered by the Board. Chairman Brown called for the County Attorney's report. Interim County Attorney Burton advised that the Locust Grove lawsuit has been settled with the County agreeing that due to the original application being denied by the Board, that it can not be brought again before the Board for consideration for a period of one (1) year, but that the Board could authorize that the applications be filed with the Planning and Zoning Department by the Board's own motion. Supervisor Clark moved that the Chairman be authorized to execute the applications for the Conditional Use Permits for the borrow pit on behalf of Locust Grove Partners, L.P. and the Estate of E. E. Holloway, Jr. and that same be authorized to be filed with the Planning and Zoning Department to be processed in the normal manner. 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. Interim County Attorney recommended, and the Board concurred, that consideration of the Ordinance to Amend and Reenact the Isle of Wight County Code by Adding Chapter 13.1 Refuse Disposal Fee System be postponed so that he may address the concerns of the Commissioner of Revenue, the Treasurer and the Director of Budget and Finance. Interim County Attorney Burton advised that he had four (4) matters to discuss with the Board later in closed meeting. /1 Chairman Brown called for the Community Development report. Ms. Walkup advised that per a memorandum contained in the agenda, negotiations between staff and the developer have resumed with respect to certain modifications to the dome at The Shoppes at Eagle Harbor. She advised that at the Board's seats are renderings which resulted from a recent meeting between staff and a representative of the developer. She distributed digital renderings which had been provided by the architect. 6 Supervisor Clark moved that the Board approve the rendition, as offered by the Director of Planning and Zoning, with the following conditions: A.) Main EIFS color is to be matched off a middle color from the red mottled brick on the shopping center. Sample colors will be provided to County staff for selection prior to application and, once a color has been selected, the color shall be applied to one (1) panel for final approval; B.) Recessed "window" areas are to be painted dark gray EIFS to match the appearance of the actual windows on the shopping center below; C.) Trim area around windows to match the window profiles at street level; D.) Head above window is to match the EIFS color on the columns; and, E.) Any other details deemed necessary by staff that needs to be worked out with the applicant, to include reimbursement to the County for whatever was expended by the County to have someone look at the dome. 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 Brown called for the General Services report. Edwin P. Wrightson, Director of General Services, stated that pursuant to the Board's direction at its February 19, 2009 meeting, staff has made contact with the Virginia Department of Transportation (VDOT) and discussed the Route 460 project in Zuni regarding VDOT's request for connection to the Town of Smithfield's water system. Mr. Neblett confirmed that VDOT does have a failing well in Smithfield on property that is within the bounds of the County and the waterline is within the bounds of the Town of Smithfield. He advised that VDOT would prefer to tap onto the existing service facility rather than drill a new well. Supervisor Bradshaw moved that the matter be referred to the Interim County Attorney and County Administrator for their recommendation back to the Board on its options at its March 19, 2009 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, 7 Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson advised that the Building & Grounds Committee has recommended that it would be in the County's best interest to readvertise the Isle of Wight animal control facility project for design services and terminate the contract with Daggett and Grigg. Supervisor Clark moved to authorize staff to terminate the County's agreement with Daggett and Grigg and to advertise for design services for the new animal control facility. 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. Wrightson advised that pursuant to the Board's direction at its January 8, 2009 meeting, staff has developed a staffing plan with respect to the storm water management needs in the General Services Department. He further advised that staff is requesting authorization to discuss the issue with the Board's Personnel Committee and return to the Board at its March 19, 2009 meeting with a recommendation regarding personnel needs. Supervisor Bradshaw moved that staff be directed to work with the Personnel Committee and return to the Board at its March 19, 2009 meeting with a recommendation on personnel needs. 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 Brown called for the County Administrator's report. County Administrator Caskey solicited the Board's input with respect to how it would like to recognize County volunteers this year. He suggested that volunteers could be recognized during a segment of "The County Beat" and that staff would be utilizing the County's PEG channel and website. Supervisor Clark moved that staff bring back recommendations relative to recognizing volunteers at the 2009 County Fair. 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. County Administrator Caskey presented a request for property donation from International Paper. Supervisor Bradshaw moved that the Board authorize the Chairman to sign the letter dated March 5, 2009 to Mr. John Hora, Controller, Franklin Lumber Mill, requesting that International Paper donate a certain isolated 8 piece of property that is currently part of a larger parent tract. 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. County Administrator Caskey stated pursuant to the Board's direction at its January 22, 2009 Board meeting, staff has developed an outline of suggestions relative to the consolidation of services between the County, the School administration and the Department of Social Services. Supervisor Clark moved that consolidation of the School's and County's Human Resource Department, County Attorney's Department, Budget and Finance Department and the Public Information Officer be included on the next Joint Finance Committee's agenda for discussion. In the meantime, the Interim County Attorney and the County Administrator are to be prepared to advise how the County can proceed in this effort and include the pros and cons associated with the County implementing such a consolidation at the Joint Finance Committee meeting. 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. Donald T. Robertson, Director of Information Resources and Legislative Affairs, advised that the State budget had been adopted by the General Assembly, but that the details are still being work out with respect to how the funding will be used that is derived from the Federal stimulus package. He advised that the legislation involving the elimination of cash proffers had been defeated; however, the legislation involving alternative septic systems did pass both houses of the General Assembly. Supervisor Clark requested that Mr. Robertson advise the Board how the various legislators voted on the proposed legislation that takes away a local government's authority to place further regulations on alternative septic systems. Mr. Robertson advised the Board that staff has submitted 46 County projects to the Governor's website for consideration of economic stimulus funds. He advised with respect to Federal funds, there are substantial opportunities available for local governments to receive funding and that staff will be reviewing the County's list of projects. Supervisor Bradshaw requested that Mr. Robertson and Mr. Wrightson ensure that the County submits a request for Federal funding for the replacement/upgrading of the water system in Rushmere and the replacement of the water tower in Zuni in a timely manner. 9 /1 Chairman Brown called for consideration of the Consent Agenda. A. Change in Board of Supervisors' Meeting Schedule C. Litter Pickup Resolution of the Board of Supervisors of Isle of Wight County, Virginia to Change its Meeting Schedule Adopted by the Board at its Organizational Meeting of January 8, 2009 (Town Hall Meeting) B. Monthly Engineering Projects Report D. Planning Commission Approval of the application of Delmarva Bojos, LLC for reconsideration of a freestanding sign at the site of Bojangles, located on Out parcel 10 -A of The Shoppes at Eagle Harbor. E. The application of Joseph Stradley, applicant, for an exception to the Highway Corridor Overlay District regulations to allow a chain -link fence with slats and storage of materials within the minimum visual buffer. F. Real Estate Purchase Agreements Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for an Agent Option Fee G. December 4, 2008 Regular Meeting Minutes H. December 18, 2008 Regular Meeting Minutes I. January 8, 2009 VDOT Quarterly Meeting Minutes J. January 8, 2009 Regular Meeting Minutes K. January 22, 2009 Regular Meeting Minutes Supervisor Bradshaw moved that the Consent Agenda be approved as presented. 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 Brown called for Appointments. 10 Supervisor Clark moved that Leah Dempsey be appointed as the Planning Commission member to serve on the Development Review Committee representing the Newport District. 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 Wright offered the name of Theodore Hardison as an appointee from this Board should the Governor begin to solicit private citizens to serve on the Southeastern Public Service Authority Board of Directors. /1 Chairman Brown called for Old Business. Joseph R. Chase, Director of Emergency Services, represented a request for laptops for the various fire and rescue stations. Supervisor Clark moved that Option 2 be approved and directed that staff return with an appropriations resolution at the Board's March 19, 2009 meeting. 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. With respect to the comments offered by Carolyn Pollard and Frederick Chapman under Citizens Comments regarding the Respite Program administered by the Health Department, Supervisor Bradshaw moved that the County Administrator be directed to obtain additional information from the Health Department and present any findings back to the Finance 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. Chairman Brown requested consideration of a motion that staff be directed to report Finance Committee actions in the Consent Agenda. Supervisor Clark suggested that all committees, including the Finance Committee, provide a brief summary of their meetings to the Board. Supervisor Bradshaw remarked that State law requires that all meetings be advertised and minutes taken accordingly. Supervisor Clark suggested that the minutes of any committee appointed by the Board could be included in the Board's agenda within a thirty (30) day period. Supervisor Casteen moved, and then withdrew his motion, that the Finance Committee report their actions for items that were referred 11 specifically to the Finance Committee by the Board in the following meeting's Consent Agenda. Supervisor Clark moved that the Board take a recess. 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 requested that Assistant County Administrator Small advise the Board on direct and indirect economic impacts to the County if all major industries in the County curtail their business and how the County intends to address this impact. He should further be prepared to advise the Board how many businesses in the Town of Smithfield will be impacted by the downsizing of Smithfield Foods and how many businesses in the County will be impacted by the downsizing of International Paper, to include what if Smithfield Foods and International Paper decide to shut down their operations entirely. Supervisor Clark moved that the Board request the Governor to veto House Bill 1872 because it takes all of the elected representation off of the SPSA 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. Supervisor Clark moved that staff be directed to request a meeting with the State Legislators as soon as possible, to include other jurisdictions and their Legislators, regarding a proper course of action relative to the City of Virginia Beach coming to the table relative to the SPSA bailout. 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. County Administrator Caskey requested the Board to formally adopt the County's 2009 -2010 Strategic Plan, noting that it had been reviewed by the Board at its Retreat and now has been reformatted for distribution. Supervisor Clark moved that the Board adopt the County's 2009 -2010 Strategic Plan. 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 VDOT's proposal to reduce ferry hours and service, Supervisor Clark moved that the Board direct County Administrator Caskey 12 to communicate with Surry County to determine if the County can assist them in having full ferry service restored in light of recent VDOT budgetary reductions. 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, citing the current economic downturn, moved that the County not sponsor its annual golf tournament this year. The motion was defeated by a vote of (4 -1) with Supervisors Brown, Casteen, Clark and Wright voting against the motion and Supervisor Bradshaw voting in favor of the motion. 1/ Chairman Brown called for New Business. There was no new business offered for discussion by the Board. Interim County Attorney Burton requested that the Board enter a closed meeting pursuant to Section 2.2- 3711.A.3 of the Code of Virginia for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of real property in the Carrsville District; pursuant to Section 2.2- 3711.A.3 for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of real property in the Newport District; pursuant to Section 2.2- 3711.A.7 for the limited purpose of consultation with Iegal counsel requiring the provision of legal advice pertaining to the Department of Environmental Quality Consent Order regarding Sanitary Sewer Overflow; pursuant to Section 2.2- 3711.A.7 for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to the Western Tidewater Water Authority; pursuant to Section 2.2- 3711.A.7 for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public official; pursuant to Section 2.2- 3711.A.3 for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of property in the Smithfield District; pursuant to Section 2.2- 3711.A.7 for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to the Southeastern Public Service Authority; pursuant to Section 2.2- 3711.A.7 for the limited purpose of consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; and, pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter pertaining to a specific public official. 13 Supervisor Clark 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 Casteen moved that the meeting be continued past 11:00 p.m. 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 Clark moved that the following Resolution be adopted: 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 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Wright moved that the Chairman be authorized by the Board to sign a contractual agreement with Durwood Scott for the provision of real estate agent services in Isle of Wight County for a three (3) year period. 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/ 14 At 11:20 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, Casteen and Wright voting in favor of the motion, and no Supervisors voting against the motion. Carey Mi ! s Sto , Clerk 15 B. Brown, Jr., Chai