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09-03-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE THIRD DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman 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 Carey Mills Storm, Clerk // // Chairman Brown called the meeting to order at 5:00 p.m. Supervisor Casteen delivered the invocation. The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under New Business, add Scheduling/Planning for a Board Retreat; under New Business, add discussion of a proposed location for Workforce Center; under New Business, add consideration of a Resolution to Provide Funds to Resolve a Delinquent County Phone Bill; and, under the County Attorney's Report, add four (4) closed meeting items. Supervisor Bradshaw 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. Chairman Brown called for Special Presentations/Appearances. Chief Animal Control Officer Sullivan had several animals on display that are available for adoption at the County's animal shelter. 1 Edmund Mortimer, representing the Isle of Wight/Smithfield /Windsor Top Cop Program and Greater Hampton Roads Crime Line, provided a briefing on those programs, which have been funded by the community, the Isle of Wight/Smithfield /Windsor Chamber of Commerce and the Smithfield Town Council. He advised that there will be a dinner on October 10, 2009 in the City of Chesapeake and a top cop from the Hampton Roads community will be selected, recognized and awarded $500. He requested that the County also consider providing a contribution in the amount of $500. Sheriff Phelps advised the Board regarding two (2) arrests which had recently taken place as a result of responses to the 1 -888- LOCK -U -UP crime line. Supervisor Bradshaw offered a motion that the request for a contribution of $500 be referred to the Board's Budget and Finance Committee for recommendation back to the Board at its December 17, 2009 meeting and withdrew his motion following notification that the funds would be needed prior to the Board's. December meeting as the Top Cop Dinner is scheduled for October 10, 2009. Supervisor Clark moved that the County contribute 5500, an equal amount contributed by the Smithfield Town Council and the Smithfield/Isle of Wight/Windsor Chamber of Commerce, and that the Director of Budget and Finance be directed to develop an appropriation resolution for the Board's consideration at its September 24, 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. Sheriff Phelps provided a recap of the activities within the Sheriff's Office since January, 2009 pertaining to highway safety; assessed fines; officer activity; grants; new uniforms and programs. He advised that he would be requesting the Board, at its November 5, 2009 meeting, to show its support in the form of a resolution, that the County, including the Towns of Smithfield and Windsor, be designated as a certified Crime Prevention Community. Jason Gray, Director of Information Technology, was formally introduced to the Board by County Administrator Caskey. /1 Chairman Brown called for Regional Reports. Regarding the Southeastern Public Service Authority, Supervisor Clark reported that the City of Portsmouth had made a motion to reinstitute a dialogue with the Cities of Suffolk and Virginia Beach with respect to the disparity between the amounts that the other six (6) member jurisdictions are 2 paying for waste disposal. He commented that the other member jurisdictions subsidize the Cities of Suffolk and Virginia Beach in the amount of $40 million annually. He advised that the City of Chesapeake and the County had voted in favor of the City of Portsmouth's motion, however, the motion had failed and that the other member jurisdictions not voting in favor of the motion had indicated that they would vote in favor of such a motion after the waste -to- energy negotiations are finalized. Regarding the VACo/Board of Directors, Supervisor Bradshaw reported that he and Supervisor Wright would be attending a Resolutions Committee meeting next week and that, following that meeting, he would be bringing back information to the Board regarding the Governor's proposed budget reductions. He advised that the gap is now approaching $1.5 billion. He advised that 51% of the State budget is allocated to localities, of which a majority of that money is for education. He advised that the Governor, in previous budget reductions, had not reduced funding for education; however, upcoming budget reductions will impact K -12 education. Regarding the Western Tidewater Regional Jail Authority, Chairman Brown reported that the evaluation of the Jail Superintendent had been postponed due to a lack of full attendance. He also advised that inmates are being utilized to cut the grass. Regarding the Western Tidewater Water Authority (WTWA), Supervisor Wright reported that all parties have signed the WTWA agreement for the raw water purchase from the City of Norfolk. He advised that the next step is to sign for the pipeline and install new pumps. 1/ Chairman Brown called for Transportation Matters. Edwin P. Wrightson, Director of General Services, reminded the Board that the VDOT Quarterly meeting is scheduled for Friday, September 11, 2009 at 10:00 a.m. at Citizens National Bank in Windsor. Mr. Wrightson advised that an informational meeting on the paving of Muddy Cross Drive is scheduled for Wednesday, September 16, 2009 from 6:00 p.m. until 8:00 p.m. in the Board Room. Responsive to Supervisor Bradshaw's inquiry, MacFarland Neblett, VDOT Residency Administrator, advised that bids for Lawrence Drive are due on September 25, 2009 with a completion date in the Fall of this year. He further advised that replacement of the bridge is not anticipated. Responsive to Supervisor Bradshaw, Mr. Neblett advised that he is not sure if there are sufficient funds at this time to put the Pope Swamp Trail project out to bid. 3 Responsive to Supervisor Bradshaw, Mr. Neblett advised that VDOT has replaced the pipes underneath Zuni Circle and that VDOT is now conducting additional design work on Route 460. Regarding the issue of ditch maintenance, Mr. Neblett advised Supervisor Bradshaw that a VDOT truck ditcher and contract truck ditcher are being utilized on a continual basis in Isle of Wight, Surry and Sussex Counties. He advised that VDOT will be ditching from Smith's Neck Road, going south, where the pooling of water is occurring. He advised that he would speak with the VDOT Superintendent about beginning ditching efforts in the rural areas of the County, to include Tomlin Hill Road, Colosse Road and Beale Place Drive. Mr. Neblett advised that VDOT has conducted the preliminary design work for the Owens Estates drainage project at the intersection of James Way and Route 10, which indicates that VDOT can make the water flow out to Route 10 where it slopes down into the storm water management pond. County Administrator Caskey advised that the funds to construct the Owens Estate drainage project were included in the list of projects released today by the Transportation Planning Organization which are being funded by the Governor. Responsive to Supervisor Casteen, Mr. Neblett advised that the cost of the historic sign is approximately $300 and needs to be borne by the County. Responsive to Chairman Brown, Mr. Neblett advised that the developer of Mallory Pointe has proffered a "roundabout" for the intersection of Battery Park/Nike Park as that development will be adding to the congestion there. Responsive to VDOT's engineering report relative to light synchronization on Route 17, Supervisor Clark moved that Mr. Neblett be requested to invite a VDOT engineer to the Board's September 24, 2009 meeting to explain the engineering report. 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 Chairman Brown, Mr. Neblett advised that a sign has been installed on Route 17 at the Bojangles to indicate that motorists need to bear to the right in order to get in the correct lane when exiting Bojangles. Responsive to Supervisor Bradshaw, Mr. Neblett advised that he is continuing to work with the Windsor Town Manager and Town Council regarding the five /six -way intersection on Route 460. He further advised that additional right -of -way is also needed at that location. 4 Teresa Johnson of Carrollton notified the Board that tractor trailer trucks are getting stuck on the high pavement as they enter the BP gas station on Route 17, causing the north and south lanes to be blocked. Mr. Neblett advised that her concern has been passed on to the VDOT Traffic Engineer and signs will be erected advising of the potential to become stuck. Responsive to Supervisor Clark, Interim County Attorney Burton advised that staff will begin work on the Yellow Rock Road right -of -way dedications as soon as possible. /1 Chairman Brown called for Citizens Comments. Edmond Easter of 12224 Hideaway Lane in Carrollton advised that he had recently addressed the School Board on the issue of contracted custodial positions. He commented that replacing the custodians that have been in the school system with contract employees would be detrimental as those employees have a vested interest in the County and its school system. He commented that the School Board budget included appropriate funding to retain the custodial staff in the school system for FY09 -10 and he would have liked to have seen the School Board use those funds for its intended purpose. He commented that custodial staff are an integral part of any school system. He recommended that if the School Board is going to get into the contracting business, then every phase of the school system must be evaluated, to include the possibility of a charter school in the County. He requested that the Board consider raising the tax rate in order to support the school system, as it is the most important body in the County and would contribute more over the long run than anything else done. Jamie Carr of 5370 Duck Town Road in Zuni commented that taking away the custodial positions within the school system does influence the school system's children. She advised that the Isle of Wight Citizens Association held a meeting two (2) weeks ago, which received no publicity. She stated that Windsor High School has lost a principal that has been there for years, which is sufficient change for that school in a year's time. She inquired why the School Superintendent has moved many other administration positions at the high school, which would affect children and their families that attend that school. She stated that she has already learned that there are scheduling issues occurring at the high school and she would like to express her concern that the citizens are not being recognized by the members of the School Board. She advised that other parents have requested a meeting with School Board member, Kenny Bunch, who refused to meet with them and that the School Superintendent has refused meetings with parents regarding the changes occurring at Windsor High School. She stated that the School Board has not answered a single question posed to them from 5 residents and she wants to get the word out that the members of the School Board are not doing their jobs. She stated that the School Board is suppose to save funds by contracting out the custodial positions; however, answers to the question where the funds that are saved will go back into the budget have not been answered. She encouraged the attending newspaper reporters to pick up on her comments tonight and that the Isle of Wight Citizens Association will be able to do more to make a meeting with the School Board a reality. She advised that although each School Board member was invited to the Association's meeting, only one (1) member had showed up and only two (2) had responded to Mrs. Keen's invitation to that meeting. Glenn Gaskins advised that he is not satisfied with the School Board and the Superintendent's leadership and managerial styles, which have been unresponsive to the public. He stated that he, as a registered voter in the County, will deal with the School Board members if they choose to continue to ignore the residents of the County. He stated that the School Board has allowed the Superintendent to terrorize the employees of the school system and allowed him to make decisions about contracts that will involve the County in litigation. He stated that the County's residents can not continue to wait for positive changes with the School Superintendent or wait for his contract to expire. He stated that the School Board had made a bad decision when hiring the School Superintendent and that they have made an unforgivable decision when the School Board renewed the Superintendent's contract as that decision has caused many people to lose their jobs and many others undue stress. He stated that while the Board of Supervisors may have no jurisdiction in this matter, as gatekeepers of the County's finances, the Board, as well as citizens in the County, need to be aware of their concerns and intentions. Stephanie Bailey, President of the Isle of Wight Education Association, commented that seven (7) of the nine (9) schools in the County achieved AYP this year, although that may be difficult to achieve next year, as children can sense disruption. She stated students need continuity, routine, structure and caring. She stated on behalf of the Association, she has appeared before the School Board on several occasions to make a plea not to out - source and she has also brought forth many issues of other members of the Association, as well as non - members. She stated that she had addressed the School Board at its meeting on June 10, 2009 regarding the custodial issue and the matter had been deferred until the School Board's July meeting; however, there was a called meeting on June 25, 2009, which was advertised on June 24, 2009, at which time the School Board members voted to out- source the custodial positions. She advised that the Association has filed a declaratory action against the County, the School Superintendent, the School Board and the School Board Attorney, who has since filed a demurrer. She requested the Board, as gatekeepers of the School Board's budget, to take action before too many more great employees are lost. 6 Tony Filliater of 308 Clipper Creek Lane in Smithfield commented that the School Board had initially delayed its vote on contracted employees in order to study this issue further; however, a meeting was called two (2) weeks later because all the bids were in and the School Board was ready to vote for contracted custodial employees. He stated that at that time, a School Board member had acknowledged that the School Board had been working on the issue since November of 2008. He stated in his opinion, the School Board has lied to the Board of Supervisors about its funding needs as it has admitted that the proposed $500,000 that will be saved from contracting custodial positions has already been spent and those funds should be returned to the County. He requested any assistance that the Board of Supervisors can provide and recommended that the Board approve the School Board budget by category in the future. Deborah Hall advised that she is on the ballot for the Carrsville District School Board member seat. She commented that the School Board is not being truthful with the Board of Supervisors and that it does not follow its own policy during meetings. She stated that there seems to be funds to build buildings and for employees to attend conferences; however, there is no money for the students and existing employees. She stated that she can not get an answer to where the money is going. She stated that she has witnessed Supervisors Bradshaw and Clark inquire about where school funds are going, only to be told that the School Board does not have to answer to the Board regarding that because once the funding is allocated to the school system, those funds go to where the Superintendent and School Board wants it to go. She stated that the School Board is elected by the citizens and the Superintendent is hired by the School Board, not the other way around. She recommended that the Board begin asking more questions about the funds that are allocated to the school system. // Chairman Brown called for Board comments. Supervisor Bradshaw commented that he had been amazed when the local newspaper did not report on the Isle of Wight Citizens Association meeting in which 65+ citizens had attended and voiced their concerns. He stated that 70% of the County's budget is allocated to the school system and that he had invited the speakers under Citizens Comments tonight to attend the meeting. He stated that while they recognize that the Board can not legally take action, their concerns tonight will be aired across the County via the County's PEG channel. He stated that he thought it would be appropriate for Chairman Brown to share the concerns voiced tonight with the School Board Chairman. He stated that it was this Board that took the initiative to provide protection for the County's children by funding School Resource Officer positions in the County's schools. 7 Chairman Brown commented that much was lost when School Board members became elected members. He stated that he does not see the purpose of an elected School Board as they do not have the power to levy taxes. He stated the Board of Supervisors is responsible only for the hiring of the County Attorney and the County Administrator and the rest of the employees are hired by them. He stated the School Board elects the Superintendent and its Attorney and this places the Board of Supervisors in a position where it is up to the citizens to effect changes. Supervisor Clark commented that the citizens of the County chose to have elected School Boards some years ago and, if this kind of dissatisfaction continues, they may wish to rethink their decision to do that. He recommended that the School Board begin televising its public meetings to show those citizens who can not attend meetings, how the School Board conducts its business. He commented that the Board of Supervisors' members deem it their public duty to attend all public forums that involve County topics. Chairman Brown commented that custodians are familiar with the children and much of what they observe can be related to parents, friends and teachers. On a separate matter, Chairman Brown advised that he had received a phone call from County Administrator Caskey advising that he had been receiving requests from Board members for his Department Heads to provide information. He stated that he had suggested that County Administrator Caskey inform the Board member requesting the information that any such requests for information must come through the Chairman and that . the Chairman would endorse a memorandum agreeing with that. He also stated that recently a request for information had been received by a Constitutional Officer and County Administrator Caskey had informed him that his authority does not govern Constitutional Officers. He stated when a voluminous request for information is made by a Board member, this information should be useful to all the Board members and Board members should not be using their position to obtain information that does not benefit the entire Board. He advised that his advice to County Administrator Caskey and the Constitutional Officer was that if it is not the County Administrator's call, then it would be the Chairman's call and the Chairman would discuss it with the entire Board to determine if they concur with his decision, which is if it is information that benefits the total Board, then the request will be approved. Regarding a Board member seeking information from County employees, Supervisor Clark concurred that the Board member should go through County Administrator Caskey or Interim County Attorney Burton. 8 Supervisors Bradshaw and Wright concurred that it needs to be clarified that County Administrator Caskey is the Administrator who oversees personnel. Regarding a Board member seeking information from a Constitutional Officer, Supervisors Bradshaw, Clark and Wright concurred that the Constitutional Officer should make the decision if they wish to provide the information, as this Board has no authority in that respect. Supervisor Clark commented that County citizens voted in the past to elect their School Board members although he believed at that time that this was not the way to go at that particular time. He stated the issue of electing School Board members versus appointed School Board members may need to be revisited if this kind of dissatisfaction continues. He suggested that the School Board televise its meetings so that the citizens can watch what business is being conducted by that body. He commented that this Board attends all public meetings that involve County topics and if an elected official is not willing to attend a public meeting, then that person should not run for public office. He stated that he agrees that teachers and students should know the custodians who work in their schools. // Chairman Brown called for the County Attorney's report. Interim County Attorney Burton presented a draft commitment letter between the County and E&E Enterprises Global, Inc. with respect to the Broadband Initiative Program with E&E Enterprises Global, Inc. Supervisor Wright moved that the Chairman be authorized to execute the Letter of Commitment for the Broadband Initiative Program with E &E Enterprises Global, Inc. on behalf of 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. Interim County Attorney Burton requested the Board's approval to advertise for public hearing an Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Appendix B -2. Coastal Primary Sand Dune Zoning Ordinance. Chairman Brown moved that the County Attorney's office be authorized to advertise the Ordinance for public hearing at the Board's September 24, 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. 9 Interim County Attorney Burton presented draft letters requesting support from the City of Franklin and the County of Southampton in pursuit of the County's purchase of the Blackwater River parcel of land. He advised that The Nature Conservancy, on behalf of the County, will be seeking an $800,000 grant and the draft letter will assist with the submission of that grant. Supervisor Bradshaw moved that the draft letters of support be sent to the City of Franklin and Southampton County, along with a proposed Resolution, for the purchase of 2,507 acres along the Blackwater River. 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 Burton recommended that the Board contact some of the members of those jurisdictions to solicit their support. Interim County Attorney Burton advised that he had six (6) items to discuss with the Board later during the closed meeting. /1 Chairman Brown called for the General Services report. Gretchen Gonzales, Environmental Programs Manager, advised that under The Clean Water Act, the Department of Environmental Quality is required to identify impaired surface waters in the Commonwealth every two (2) years. She advised that due to certain waters in the County being identified as impaired for bacteria, an Implementation Plan to clean up the waterways must be developed and the Hampton Roads Planning District Commission is leading a regional effort to develop a bacterial identification methodology for the Hampton Roads region. Jenny Tribo, Hampton Roads Planning District Commission, reviewed the Hampton Roads Bacteria Source Tracking Study prompted by State and Federal regulations to clean up impaired waters. She advised that the Study is being funding by the Hampton Roads Sanitation District and the Counties of James City and York, as well as the Cities of Norfolk, Virginia Beach, Portsmouth, Suffolk and Williamsburg. She noted that the County's portion to participate in the Study is 3.27% of the study cost, or $6,534, based on the population size. Supervisor Bradshaw moved to authorize participation in the regional bacterial study and that payment for the study be taken from year -end unexpended FY 2009 -10 General Services Operating Budget funds. 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. 10 Mr. Wrightson advised the Board that the Virginia Department of Game and Inland Fisheries has recommended that the County place the area located adjacent and behind the Isle of Wight Courthouse Complex in a conservation easement because of its natural resource value and that doing so would protect the natural features of the designated area in perpetuity and may cause additional grant funds to become available for the development of the County' recreational trail that is planned for the Courthouse Millpond. Supervisor Clark moved to authorize development of a draft deed of easement for the Courthouse Millpond natural area (approximately 39 acres). 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 staff to explore other lands in the County that border swamp lands and creeks that may also qualify for a conservation easement. Donald T. Robertson, Director of Information Resources and Legislative Affairs, provided an update on the Leading, Educating and Developing (LEAD) Program and advised the Board regarding staff initiatives related to the educational program for staff at all levels. He advised that open and honest communications are encouraged and has allowed staff to hear genuine concerns and begin to develop strategies for resolving internal issues. He advised that the Philosophy Statement included in the Board's agenda contains five (5) statements that represent the values that County staff will uphold in the workplace. He advised that staff is reviewing ways internally that will have a direct impact on the quality of the workplace by forming committees to address workplace issues. He noted that he would continue to brief the Board with respect to implementations that occur as a result of the Program. // Chairman Brown called for the County Administrator's report. Chairman Brown called for consideration of the Consent Agenda. A. Solid Waste Plan 2018 /Continuing Services B. Safety and Training Update C. Litter Pick Up D. Monthly Engineering Project Status Report 11 Supervisor Bradshaw moved that Item (D) be removed and that the remainder of 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. Regarding Item (D), Chairman Brown moved that staff be directed to add Tyler's Beach Road to the Monthly Engineering Project Status Report. 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 // E. Delinquent Real Estate Tax Collection Monthly Report F. July 2, 2009 Regular Meeting Minutes Chairman Brown called for Appointments. Supervisor Wright moved to appoint Dane Scott to serve as an ex- officio member on the Small Business 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 moved to appoint Dave Chrisley to represent the Hardy District on the Refuse 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 called for Old Business. Supervisor Wright moved that a letter be sent to the Superintendent of Schools requesting a meeting to discuss the possibility of consolidation of grass cutting efforts between the Schools and the County. 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, in response to Supervisor Bradshaw suggesting the possible elimination of the school administration with the Superintendent of Schools reporting to the County Administrator or being appointed through the Board of Supervisors, requested that the County Attorney's office report to the Board on any legal ramifications associated with the said elimination. 12 Supervisor Wright moved that Interim County Attorney Burton and County Administrator Caskey be directed to draft a letter to the Executive Director of the Southeastern Public Service Authority (SPSA) to withdraw from SPSA to be brought back for discussion by the Board at its September 24, 2009 meeting. All ramifications and associated costs with the withdrawal are to be relayed to 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. Supervisor Clark moved that the Director of Emergency Services be directed to make contact with the Schools with respect to the availability of the H1N1 vaccine and that County Administrator Caskey be directed to invite a school representative to provide the Board with a status report. 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. 11 Chairman Brown called for New Business. Supervisor Bradshaw recommended that the Board begin discussions with respect to whether or not it wants to adopt the School Board budget categorically or by lump sum. Supervisor Bradshaw moved that County Administrator Caskey and the Director of Budget and Finance be directed to meet with their school administration counterparts to begin an informal discussion that the Board is considering categorical funding and would like to have their input with respect to any negative impact this may have on the school system. 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 Retreat be held on Friday, November 13, 2009 (evening) and Saturday, November 14, 2009; that the same form at be used as in the past; that staff begin to generate an agenda over the next several meetings; and, that Dr. Chandler be invited to act as the Facilitator. 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. Lisa T. Perry, Director of Economic Development, provided an update on the proposed Isle of Wight County Workforce Center to be built on the HRFT property on Route 460, which would house a warehouse and distribution logistics, a curriculum training program offered through Paul D. Camp Community College and an advanced manufacturing lab. She noted 13 that the facility will serve the entire region in terms of the additional intermodal facilities that are expected to develop up the Route 460 and down the Route 58 corridors. She advised that Opportunity, Inc. has received a Federal grant to lease space over the next several years until the permanent workforce center is developed. She advised that she has been informed that Paul D. Camp Community College is considering the temporary lease of space in Suffolk for this Center because the grant requires that workforce be in the process of training by January of 2010. She advised that the Board is committed to a facility being located in the County and she has located a building and is seeking a private development partner to acquire the building, make the necessary renovations and lease it to Paul D. Camp Community College for the years that the facility is needed. She advised that she has met with Congressman Forbes' staff in an effort to identify funding for the Center. Mr. Reck presented a Resolution to Provide Funds to Resolve a Delinquent County Phone Bill for the Board's consideration. He explained that Verizon contacted the County in March of 2008 alleging that the County had a delinquent bill in the amount of $70,000 and in June of 2008, the County acquired the services of Cost Control Associates to interpret the bill and the County settled with Verizon for approximately $41,000. He requested permission to use $20,200 from the unobligated Fund Balance to make the remainder of the payment. Supervisor Bradshaw moved that the following Resolution be adopted and that legal counsel be directed to draft a letter with the County Administrator's signature stating that this satisfies the County's legal obligation with the phone bill dispute: RESOLUTION TO PROVIDE FUNDS TO RESOLVE A DELINQUENT COUNTY PHONE BILL WHEREAS, staff has resolved a long standing billing disagreement with its telephone service provider (Verizon) over amounts due; and, WHEREAS, with the help of a utility auditor, staff was able to substantially reduce the amount in dispute. NOW BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty thousand dollars be carried over from the FY- 2008 -09 budget to the 2009 -10 General Fund budget for the purposes of making a partial payment on the non - current portion of the phone bill. BE IT FURTHER RESOLVED that up to twenty thousand two hundred ($20,200) dollars from the Undesignated Fund Balance of the General Fund be appropriated to the FY- 2009 -10 General Operating budget of the County of Isle of Wight, Virginia; and, 14 BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. 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 commented on a recent newspaper article wherein James City County and Williamsburg are considering their own regional water authority to relieve James City County's responsibility of continually renewing ground water withdrawal permits. He commented that there is no guarantee that existing ground water withdrawal permits will be renewed. He commented that having the amount of water that the County has allows the County the flexibility to replace the water needs for people whose existing ground water permits are not renewed. /1 Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2- 3711.A.1 concerning a personnel matter; pursuant to Section 2.2- 3711.A.1 concerning a personnel matter pertaining to a specific public official; pursuant to Section 2.2- 3711.A.1 concerning discussion and consideration of a personnel matter; pursuant to Section 22- 3711.A.7 concerning consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2- 3711.A.3 concerning discussion and consideration of the acquisition of real property in the Newport District; pursuant to Section 2.2- 3711.A.3 concerning discussion and consideration of the acquisition of real property in the Windsor District; and, pursuant to Section 2.2- 3711.A.1 concerning discussion and consideration of a personnel matter pertaining to a specific public official. Supervisor Wright 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 following Resolution be adopted: CERTIFICATION OF CLOSED MEETING 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.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 There was no action taken following the closed meeting. /1 At 10:30 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. 1� din Y s Care 1 SttoYm Clerk 16