Loading...
04-02-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SECOND DAY OF APRIL IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman (Arrived at 6:10 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 At 5:00 p.m., due to the absence of Chairman Brown, Vice - Chairman Bradshaw called the meeting to order. // // // // Supervisor Casteen delivered the invocation. The Pledge of Allegiance was conducted. Vice - Chairman Bradshaw reported that International Paper has announced that it will close its sawmill and that there would additional employee layoffs at the sheet finishing facility and the CIC plant located in Southampton County. Vice - Chairman Bradshaw called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the Economic Development report, add consideration of an Economic Impact Study; under the County Attorney's report, add three (3) closed meeting items; under New Business, add two (2) items, per Supervisor Wright; and, under Regional Reports, add a report on the Fire and Rescue Association, per Supervisor Wright; and, that the Board amend its agenda under Special Presentations to recognize Mayor Oberndorf later in the meeting upon her arrival. Supervisor Wright moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (4 -0) with Supervisors 1 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. Corey L. McCray, Director, Pruden Center, briefed the Board on two (2) additional programs of study which involve Geographic Information Systems (GIS) and Engineering and Technology with a specialization in Modeling and Simulation. // // Vice - Chairman Bradshaw called for Regional Reports. Supervisor Clark advised that the Southeastern Public Service Authority has an agreement on the gap funding issue. Donald R. Robertson, Director of Information Resources and Legislative Affairs, advised that with respect to the Federal stimulus package, IDEA funding for schools had been discussed by conference call and VACo staff, after receiving additional information, and they will be providing guidance to localities. He noted that funding to be used over the upcoming years was also discussed. Supervisor Wright reported that a graduation ceremony for the 23 graduates of the Fire Academy will be held at Smithfield High School on June 19, 2009. He stated that, with respect to the hiring of a Fire Marshall, he had requested that a committee be formed to discuss the self - supporting position by the Budget and Finance Committee next year. He advised that the problem with the fire software has now been identified. He brought to the Board's attention that there is a conflict between the Board's September 17, 2009 meeting date and the opening of the Fair. Vice - Chairman Bradshaw called for Transportation Matters. There were no matters offered for discussion. Vice- Chairman Bradshaw called for Citizens Comments. v Mike Luter of Windsor advised that Paul Roushia, President and Master Trainer of American K -9 Interdiction, LLC, has agreed to install a fence at the American K -9 facility. He noted objection to the manner in which Supervisor Clark had treated him during his comments on the appl ication. Supervisor Clark responded that it was he who had originally requested that Mr. Luter remain until later in the meeting that night so that he could have additional time to discuss his concerns with the Board and so that the Board could ensure that Mr. Luter had a full understanding of the reason why the Board's original vote on the American K -9 facility could not be changed as it is the Board's procedure to not reconsider a decision once acted upon. He commented that Mr. Luter had taken the discussion beyond the procedural aspect and returned to the merits of the original application. He stated that there seemed to be no end to his debate and that some of his statements had been unreasonable and inaccurate. He remarked that it was not his intension to embarrass Mr. Luter; however, Mr. Luter did seem to be very determined. He concluded that this type of use is needed by our country and that he disagrees with Mr. Luter's characterization of his actions. Pinky Hipp, on behalf of the Isle of Wight County Equine Task Force, briefed the Board regarding the Task Force's concerns with the current proposed animal control facility, specifically the lack of planned outdoor facilities for large animals such as equine, alpacas, pigs, etc. She relayed the Task Force's suggestion that the plans for that facility be modified to include outdoor stalls and a small paddock area to house Large animals in emergency situations. Herb DeGroft, 15411 Mill Swamp Road, provided supporting documentation to the Board concerning proposed savings in the 2009 -2010 budget. He made reference to a copy of an email from the State Superintendent of Schools to all School Superintendents regarding the Stimulus Package and what can and can not be done with those funds. He further made reference to correspondence from himself to Interim County Attorney Burton relative to the Isle of Wight County Schools' failure to meet statutory requirements pertaining to the 2010 School budget public hearing. 1/ Vice - Chairman Bradshaw called for Board comments. There were no further Board comments offered. Vice - Chairman Bradshaw called for the County Attorney's report. Interim County Attorney Burton requested that the Board ratify the sending of a letter relative to the proposed debt restructuring. He advised that the letter had already been sent to the bank for distribution to the bond holders. Supervisor Wright moved to ratify the sending of the letter to the bank, as presented. 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. Interim County Attorney Burton presented a proposed schedule for the bond restructuring RFPs. He advised that the Board will consider the proposals received and award a bid on April 16, 2009, followed by the adoption of a resolution to authorize the issue. Supervisor Wright moved to approve the scheduling of the bond restructuring. 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. Interim County Attorney Burton advised that he had six (6) items to discuss with the Board later during the closed meeting. 1 / /1 Vice - Chairman Bradshaw called for the General Services report. Edwin P. Wrightson, Director of General Services, presented an engineering services contract for the Carrisbrooke Community water system upgrades for the Board's consideration. He advised that the 2007 Master Water and Sewer Plan had identified the extension of approximately 1,600 linear feet of eight (8) inch waterline in the Newport District as a top priority project which will loop this system in the Carrisbrooke area providing increased fire flow water service reliability, as well as the replacement of certain meters and service connections. Supervisor Clark moved that the County Administrator be authorized to execute the Carrisbrooke waterline engineering design and bidding assistance proposal as submitted by Malcolm Pirnie. 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. w Vice- Chairman Bradshaw called for the Economic Development report. 4 Lisa T. Perry, Director of Economic Development, requested the Board's permission to utilize $15,000 from the Economic Development Marketing line item for the current fiscal year for the purpose of funding a revitalization project in the historic downtown district of Smithfield. She noted that shops continuing to close along that corridor could seriously impact the tourism business not only in the historic district, but along South Church Street and the Route 10 corridor. Responsive to Supervisor Wright inquiry about the possibility of future funding requests for this effort, Ms. Perry advised that it would be the Town of Smithfield's responsibility to work with the Chamber of Commerce to organize volunteer citizen groups to provide the manpower to move the action items forward and that there would be no additional requests to the County for funding. Supervisor Casteen moved that a contribution be authorized to the Isle of Wight/Smithfield /Windsor Chamber of Commerce in the amount of $15,000, plus expenses, not to exceed $2,000, to pay for the study with the understanding that the Chamber and the Town of Smithfield will dedicate staff resources to manage the project, organize the volunteer community and accomplish the action items identified in the study. Staff is also to provide the Board with a monthly report. 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. Supervisor Clark requested that Ms. Perry keep the Board apprised on what the County is receiving as a result of its monetary investment. 1/ Noting the arrival of Mayor Oberndorf, Vice - Chairman Bradshaw presented her with a formal resolution recognizing her contributions. Supervisor Clark moved that the following Resolution be adopted: A RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF MAYOR MEYERA E. OBERNDORF WHEREAS, Mayor Meyera E. Oberndorf has served as a public servant in a distinguished career that spans a period of over 40 years; and, WHEREAS, Mayor Oberndorf was the first female ever elected to the Virginia Beach City Council and she served as a Council member from 1976 - 1988; and, WHEREAS, Mayor Oberndorf served as Vice -Mayor from 1986 -1988 and was subsequently elected as the first directly elected mayor and the first female mayor in the history of the City of Virginia Beach; and, WHEREAS, Mayor Oberndorf also served in the capacity of regional leadership and represented the Hampton Roads region throughout the Commonwealth and across the nation with distinction; and, WHEREAS, the Isle of Wight County Board of Supervisors wishes to recognize Mayor Oberndorf for her dedication and public service. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County does hereby recognize and show its appreciation to Mayor Meyera Oberndorf for more than 40 years of dedicated public service in improving the quality of life for the citizens of the Hampton Roads region. 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 the continuation of the Economic Development Report. Ms. Perry, responsive to a request by Supervisor Bradshaw resulting from layoffs in the area, advised that the Virginia Economic Development Partnership is willing to create an economic impact study for the County utilizing its IMPLAN modeling program. She further advised that the Weldon Cooper Center can also provide a similar study utilizing different data. She advised that staff, pursuant to permission from the Board to utilize both organizations, will return to the Board with the requested information. Supervisor Bradshaw moved that staff be directed to move forward with the Virginia Economic Partnership (VEDP) and the Weldon Cooper Center to access the studies utilizing their staff economists and the IMPLAN modeling program. 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 the County Administrator's report. Joyelle Saunders, Director of CASA, reported that 27 children have been served by CASA during the current fiscal year; that 10 new volunteers are to be sworn in on Monday, April 20, 2009 at noon at the Courthouse; that the CASA program will be presented with the 2009 Hampton Roads Non- 6 Profit Volunteer Program Achievement Award from Volunteer Hampton Roads on April 29, 2009; that the CASA Board of Directors is operating efficiently in recruiting members from the County, the City of Franklin and Southampton County; that efforts are currently underway for this program to be privatized on July 1, 2009; that a new Volunteer Services Coordinator has been hired; and, office space has been opened in the City of Franklin to serve Southampton County. She advised that participating localities have been asked to contribute $1 per capita, which represents $18,000 from Southampton County and $8,100 from the City of Franklin. She advised that the County has fallen below the requested amount of $34,700 with a budgeted amount of $27,590. She requested that the Board adopt a resolution appropriating funds from the Unappropriated Fund Balance of the General Fund for the CASA Program. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE CASA PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved an additional contribution to the CASA program resulting in a total FY 2009 contribution equivalent to $1 per capita; and, WHEREAS, funds in the amount of' seven thousand one hundred thirty-three dollars ($7,133) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2008 -09 General Operating Budget of the County of Isle of Wight, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seven thousand one hundred thirty- three dollars ($7,133) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2008 -09 General Operating Budget. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. 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. County Administrator Caskey presented a Resolution to Designate the Week of April 12 -18, 2009 as Public Safety Telecommunicators Week for the Board's consideration. Supervisor Wright moved that the following Resolution be adopted: 7 RESOLUTION TO DESIGNATE THE WEEK OF APRIL 12 -18, 2009 AS PUBLIC SAFETY TELECOMMUNICATORS WEEK WHEREAS, dedicated Public Safety Telecommunicators daily serve the citizens of Isle of Wight County by answering their calls for law enforcement, fire and emergency medical services and by dispatching the appropriate assistance as quickly as possible; and, WHEREAS, professional Telecommunicators work to improve the emergency response capabilities of communications system through their dedication, hard work, and participation in ongoing training and other programs; and, WHEREAS, Public Safety Telecommunicators provide an essential service to all citizens and often work long hard hours without proper recognition by our community; and, WHEREAS, these professionals need and deserve the informed support of our community to continually maintain and improve the quality of Public Safety dispatching services; and, WHEREAS, the County of Isle of Wight has designated April 13 -19, 2008 as a time to honor and recognize our Public Safety Telecommunicators and the vital contributions they make to the safety and well being of our citizens. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 12 -18, 2009 be designated as Public Safety Telecommunicators Week. BE IT FURTHER RESOLVED that the Board urges all citizens to take note of this special week and give due honor to our County's Public Safety Telecommunicators. 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. County Administrator Caskey presented a Resolution on the Spending of Federal Economic Renewal Grants for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted and that staff be directed to forward the Resolution to VACo with the request that it be forwarded to other localities in the State with the request that they adopt a similar resolution: RESOLUTION ON THE SPENDING OF FEDERAL ECONOMIC RENEWAL GRANTS WHEREAS, the economic downturn is having a critical impact on everyday Americans who are struggling to maintain or find jobs in an increasingly difficult environment; and, WHEREAS, those same Americans are the taxpayers that provide the revenue needed to operate essential government services; and, WHEREAS, Congress approved and President Obama signed into law a taxpayer- sponsored economic recovery package that will provide billions of dollars to help economically devastated cities and states immediately provide jobs to millions of out -of -work Americans through considerable infrastructure rebuilding, green energy projects and other projects that will require manufactured components; and, WHEREAS, our taxpayer dollars should be spent maximize the creation of American jobs and restoring the economic vitality of our communities; and, WHEREAS, any domestically produced products that are purchased with economic recovery plan monies will immediately help struggling American families and will help stabilize our greater economy; and, WHEREAS, any economic recovery plan spending should — to every extent possible — include a commitment from Isle of Wight County to buy materials, goods, and services for projects from companies that are produced within the United States, thus employing the very workers that pay the taxes for the economic recovery plan spending in the first place. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia will work to maximize the creation of American jobs and restoring economic growth and opportunity by spending economic recovery plan funds on products and services that both create jobs and help keep Americans employed. BE IT FURTHER RESOLVED that the Board of Supervisors commits, to the extent possible, to purchase only products and services that are made or performed in the United States of America whenever and wherever possible with any economic recovery monies provided to Isle of Wight County by the American taxpayers. 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. a County Administrator Caskey presented for the Board's consideration a set of draft guidelines for use by staff when the Board receives requests for recognition of County citizens. Supervisor Casteen moved that the following Guidelines for Recognitions be adopted as presented by the County Administrator: GUIDELINES FOR RECOGNITION The Board of Supervisors may wish to recognize individuals or organizations with a letter, resolution, or a more significant representation of the Board's esteem. Recognition of an individual over and above the presentation of a letter and /or resolution should meet one or more of the following criteria: Must be a current or former resident or must have made a significant contribution to the quality of life of the citizens of Isle of Wight County; Must have served as an elected or appointed official representing the County or a community within the County; Must have received local, statewide, or national recognition for a significant achievement. Recognition of an individual /organization by permanently affixing the name of the individual /organization on County equipment, facilities, rooms, or programs should meet at least two (2) of the following criteria: Must be a current or former resident and must have made a significant financial or in -kind contribution to a facility or program or provided significant public service in a manner that improves the quality of life of the citizens of Isle of Wight County; Must have served as an elected or appointed official representing the County or a community within the County; Must have received statewide, or national recognition for an extraordinary achievement. Suffered a loss of life in the line of duty or service to the community. All recognitions must be approved by the Board of Supervisors. The Board reserves the right to waive any or all of the above criteria for recognition when deemed appropriate. 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. Mark W. Furlo, Parks Administrator, presented a request from the Smithfield Ruritan Club to install a memorial bench in memory of Gene 10 "Moe" Barlow at the entrance to the Paul D. Camp Community College. He advised that the Town of Smithfield has agreed to order the bench and pay for charges associated with its shipping provided that the County's Department of Parks and Recreation will assist with its installation. Supervisor Casteen moved to authorize the installation of a memorial bench to honor Gene "Moe" Barlow at the entrance to Paul D. Camp Community College. 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. At 6:10 p.m., Chairman Brown arrived at the meeting. County Administrator Caskey presented a Resolution Recommending Approval of the Restructuring of Certain Outstanding Bonds of the Southeastern Public Service Authority of Virginia (SPSA) as Proposed by the Chief Administrative Officers of the Eight Member Jurisdictions and the Terms and Conditions of Such Approval for the Board's consideration. He advised that a proposed financial assistance plan had been included in the Board's agenda which had been developed by the Chief Administrative Officers of the eight (8) member jurisdictions that represent SPSA. He advised that this plan was also presented to and reviewed by the Virginia Resources Authority Risk Management Board. He advised that the County is committing to the payment of higher tipping fees for trash disposal that are uniform and retroactive to February 1, 2009 through June of 2010. He advised that the County's remaining commitment is the GO pledge for VRA refinancing. Supervisor Clark moved to approve the Chief Administrative Officers' Plan of the Eight (8) member jurisdictions of the Southeastern Public Service Authority (SPSA). 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: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT APPROVING THE RESTRUCTURING OF CERTAIN OUTSTANDING BONDS OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA AS PROPOSED BY THE CHIEF ADMINIS I'RATIVE OFFICERS OF THE EIGHT MEMBER JURISDICTIONS, INCLUDING AN INCREASE IN MUNICIPAL TIPPING FEES AND A GENERAL OBLIGATION PLEDGE OF THE COUNTY OF ISLE OF WIGHT IN SUPPORT OF SUCH RESTRUCTURING, SUBJECT TO CERTAIN ADDITIONAL UNDERSTANDINGS REQUESTED BY THE VIRGINIA RESOURCES AUTHORITY WHEREAS, The Southeastern Public Service Authority of Virginia ( "SPSA ") was created pursuant to the Virginia Water and Sewer Authorities Act by its member jurisdictions (the "Owner Communities "), which are the Cities of Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, and Franklin, and the Counties of Southampton and Isle of Wight; and WHEREAS, SPSA is currently indebted to the Virginia Resources Authority ( "VRA ") in the amount of approximately $129 million on bonds issued for various capital expenditures (the "SPSA Local Bonds "); and WHEREAS, the Chief Administrative Officers of the Owner Communities (the "CAOs ") have presented to VRA's Executive Director and the Portfolio Risk Management Committee of the VRA Board (the "VRA Portfolio Risk Management Committee ") a proposal dated March 16, 2009, and entitled "Financial Assistance Plan for the Southeastern Public Service Authority (SPSA)" (the "CAO Proposal "), which proposal has been presented to this meeting; and WHEREAS, the CAO Proposal advances a number of measures intended to address SPSA's short- and long -term financial distress, including, among other things, (i) a proposal for VRA to restructure certain outstanding SPSA debt (the "VRA Restructuring "), (ii) the imposition of increased municipal tipping fees to be paid by the Owner Communities and (iii) a general obligation pledge by the County of Isle of Wight (the "County "), as well as the Cities of Franklin, Portsmouth and Suffolk, and a moral obligation pledge of the County of Southampton in support of the VRA Restructuring; and WHEREAS, on March 27, 2009, the VRA Portfolio Risk Management Committee adopted a resolution (the "VRA PRMC Resolution "), which resolution has been presented to this meeting, recommending to the full VRA Board of Directors that it approve the VRA Restructuring in accordance with the CAO Proposal, subject to certain additional understandings as set forth in the VRA PRMC Resolution (the "Additional VRA Understandings "). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, THAT: 1. The Board of Supervisors of the County (the "Board ") finds that undertaking of the CAO Proposal subject to the Additional VRA Understandings will further the following three objectives: (a) Ensuring that SPSA can continue to provide service to the Owner Communities under the existing use and support agreements and remain current on its debt service payments; and (b) Provide adequate time to reform the SPSA business model, including time to properly evaluate proposals to change SPSA facility ownership or operations; and (c) Provide cash flow relief to Owner Communities by facilitating the establishment of lower tipping fees than SPSA currently has under consideration. 2. The Board further finds that it would be in the best interest of the citizens of the County for the County to undertake its respective obligations set forth in the CAO Proposal subject to the Additional VRA Understandings and hereby approves such undertaking. 3. This resolution shall take effect immediately. 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. /I Vice - Chairman Bradshaw continued to take over for Chairman Brown and called for the consideration of the Consent Agenda. Supervisor Wright moved that the Consent Agenda 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. // A. County Policy Amendment Resolution to Amend the County Policy Manual Chapter 7 B. Monthly Engineering Projects Report C. Litter Pickup D. February 19, 2009 Regular Meeting Minutes E. March 5, 2009 Regular Meeting Minutes Chairman Brown called for Appointments. Supervisor Bradshaw moved that Jill Peerey be reappointed to represent the Carrsville District on the Blackwater Regional Library Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, 13 Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that the Board appoint Lynn Jones to serve on the Paul D. Camp Community College 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 Wright moved to accept the resignation of Jackie Blythe on the Events 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. Supervisor Wright moved that the Board appoint Marie Johnson to serve on the Events Committee representing the Windsor 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. Chairman Brown moved that Interim County Attorney Burton be directed to incorporate into the Board's policies, for its consideration, that when a Board member appoints a representative to serve on the various boards /committees or other organizations that are district specific, that the appointee should be selected from that 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 moved to reappoint W. Douglas Caskey to serve on the Hampton Roads Planning District Commission. 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 Old Business. There was no old business offered for discussion by the Board. Chairman Brown called for New Business. With respect to a request by Ms. Ford for a street light at the intersection of Four Square Road and Comet Road, Supervisor Wright moved that staff be directed to review the request and return to the Board for approval. The motion was adopted by a vote of (5 -0) with Supervisors 14 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that the second item added under Approval of the Agenda by him be withdrawn. 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 VDOT's proposal to reduce service on the Jamestown /Scotland Ferry service, Supervisor Clark reported that he has requested Congressman Forbes to review the possibility of a waiver of the security service, which will reduce the VDOT line item for that matter by $1.6 million, an amount sufficient to keep the ferry hours from being reduced. Supervisor Clark advised that Sheriff Phelps has agreed to provide additional security at Founders Pointe during the spring and summer months as requested by the Founders Point Community Association at its most recent meeting. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Code of Virginia to discuss a personnel matter pertaining to a specific public official; pursuant to Section 2.2- 3711.A.7 for 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 consultation with legal counsel requiring the provision of legal advice pertaining the Young -Laine Courts building; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2- 3711.A.3 pertaining to the acquisition of real property in the Zuni district; and, pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to the DEQ Consent Order regarding sanitary sewer overflow. Supervisor Bradshaw moved that 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 Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Vice - Chairman Bradshaw advised that Chairman Brown had fallen ill during the closed meeting and had been taken to the hospital. Supervisor Wright moved that the Board return to open session. 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. 15 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. 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, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: James B. Brown, Jr. ABSENT DURING MEETING: 0 Supervisor Clark moved that the Board deny the protest of Raymond Key Commercial Contracting, LLC on the bid process for the construction of the Young -Laine Courts Building and renovation of the Sheriff's Department and authorize the Chairman to execute the denial of the protest. 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. // Supervisor Clark moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING At 8:30 p.m., there being no rther business, Vice - Chairman Bradshaw declared the meeting adjourn O ,OU\ U LPJ bn Carey MStorm, Clerk B. Brown, Jr., Chairman