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07-12-2007 Regular MeetingREGULAR NLEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWELVETH DAY OF JULY IN THE YEAR TWO THOUSAND AND SEVEN PRESENT: Thomas R. Ivy, Chairman Stan D. Clark, Vice-Chairman James B. Brown, Jr. Thomas J. Wright, III Phillip A. Bradshaw Also Attending: Mark C. Popovich, Assistant County Attorney W. Douglas Caskey, County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Adn~inistrator Carey Mills Stortn, Clerk ` Chairman ivy called the meeting to order at 4:00 p.m. and delivered the invocation. // The Pledge of Allegiance was conducted. // Chairman ivy called for Approval of the Agenda. Assistant County Attorney Popovich offered the following revisions: Add a proposed consulting agreement between Howlett & Associates and the County under the County Attorney's Report; move the Genera] Services report to follow Closed Meeting; and add four (4) items under the County Attorney's Closed Meeting Report, for a total of eight (8) matters. Chairman ivy added an item under New Business and an item under Old Business. He further requested that Item (A) under Special Presentations be moved to the last presentation. Supervisor Bradshaw added an item under New Business. Supervisor Brown moved that the Board approve the agenda, as amended. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Special Presentations/Appearanees. William Bell, Chairman of the Isle of Wight Electoral Board, formally introduced the recently appointed Registrar, Ms. Lisa Betterton. Mr. Bell advised that Fred Staunton has resigned from the Electoral Board, effective June 30, 2007 and a replacement has not yet been named. Mr. Bell brought to the Board's attention that due to increased voter registrations in the Newport and Smithfield precincts, the Board of Supervisors should anticipate those voting precincts having to be split if there is an 80% turnout in the Smithfield precinct and a 76% turnout in the Newport precinct. The Board will have six (6) months following next year's election to make the split(s) he added. Mr. Bell requested that the Secretary position within the Registrar's office be re-titled Assistant Registrar in order to be in compliance with State law. Supervisor Bradshaw moved that Interim County Attorney Burton be directed to research Code of Vi~°ginia Section 24.2-112 to ensure that the County is in compliance with State law. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Dr. Michael W. McPherson, Ed.D., Superintendent of Schools, introduced Becky Mercer, Principal of Smithfield High School. Ms. Mercer briefed the Board on Smithfield High School's recent accomplishment of being chosen as one (1) of ten (10) model high schools in the State due to its graduation rate of 86% and full accreditation in "No Child Left Behind." She noted that 28% of Juniors and Seniors are enrolled in advance placement; 83% of graduates earned a GPA of 2.0 or better; there was a 92% proficiency rate in English; an 86% proficiency rate in math; a 67% proficiency earned an advanced diploma and 9% earned at least six (6) college credits in the duel credit enrollment program. She stated that there was $2,041,000 received in scholarships and there were 240 graduates. She stated the goal is for all students to be prepared far secondary education or employment. Chairman ivy inquired about the after-school program for youth. Superintendent McPherson advised that a report to the Board will be forthcoming in the ne~r future. Chairman ivy presented the Otelia J. Rainey Youth-in-Action volunteers with a formal resolution recognizing their efforts. Supervisor Bradshaw moved the Board adopt the following Resolution: 2 RESOLUTION TO RECOGNIZE THE EFFORTS OF THE OTELIA J. RAINEY YOUTH-IN-ACTION WHEREAS; The Otelia J. Rainey Youth-In-Action has served the community with dedicated service; and, WHEREAS; The following Youth-In-Action Members: Demetrice Urqhart - President Taylor Britt - Vice President Bryce Lawrence - Secretary Reece Britt - Treasurer Tevin Lawyer LaCleder Odom Brittney Eley Demotes Simmons Danielle Eley Ashley Johnson Desmond Barnes Shayla Brown Dominique King have through leadership, dedication and by example made a contribution to the citizens; and, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to express its gratitude and recognition of nine-hundred and eighty two hours of volunteer community service by the Otelia J. Rainey Youth-in-Action Members in the year of two thousand six and seven. BE 1T FURTHER RESOLVED that the words of this resolution be formally spread upon the minutes of the Board of Supervisors. The inotion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Regional reports. Chairman ivy reported that the main topic of discussion at the most recent meetings of the Hampton Roads Partnership and Mayors and Chairs Caucus has been the Hampton Roads Transportation Authority. He advised an organizational meeting will be held on July 18, 2007 and he requested that Vice-Chairman Clark attend in his absence. He noted at that meeting, a timeline is to be established for the Authority. He stated Art Collins, HRPDC, the Governor and Pierce Homer, Secretary of Transportation, have indicated a willingness to work in conjunction with the Authority in changing 3 the way the tax structure is laid out. He also stated that he had rece~~tly accepted an award relative to actions taken by the Board of Supervisors relative to the Authority and its ability to work together. Chairman ivy reported that the Military and Federal Facilities Alliance feels strongly about keeping the majority of the facilities intact. He noted further updates will be forthcoming on the NASA/Langley facility. Supervisor Bradshaw reminded the Board that the NACo Conference is to be held this weekend in Richmond. He noted 5,000 elected officials will be in attendance and an influx of tourism is anticipated due to the 2007 Jamestown Celebration. He advised that the County is hosting at least one (1) bus to transport individuals from Richmond to Jamestown. Supervisor Clark noted that the Board and staff would be attending classes at the NACo Conference in an effort to exchange ideas about what other counties are doing across the nation. Supervisor Wright commented that the County is being nationally recognized for its PACE Program and Supervisor Clark will be accepting the award in the absence of Chairman lvy. Supervisor Clark reported that the first meeting of the Hampton Roads Transportation Authoriry (HRTA) will be held following the Hampton Roads Planning District Commission meeting. He noted that he would have an update for the Board at its August 2, 2007 meeting. Supervisor Wright reported that the Western Tidewater Regional Jail Authority has hired a consultant to formally readvertise the position of Jail Superintendent. He advised that tlle Jail housed 156 Federal inmates. Regarding the Western Tidewater Water Authority, Supervisor Wright reported that additional dialogue is needed with Norfolk. Supervisor Brown reported that the Southeastern Public Service Authority (SPSA) Board of Directors amended the July 1, 2007 budget by $140,000 to continue operation of the six (6) part-time household hazard collection sites. He advised that 39 positions within SPSA were eliminated and there were 31 early retirements in an effort to reduce the budget. He noted the Executive Director and the Board agreed not to include the Black Bear Landfill in Camden Counry, North Carolina a~id the marine garbage terminal in Portsmouth in the regional solid waste management program. He advised that John Hadfield will not retire and will continue to serve as the Executive Director. He advised that Chairman Bennett appointed him and the Southampton Supervisor to serve on the Nominating Committee for officers to serve on the Board of Directors. 4 County Administrator Caskey added that the Southeastern Public Service Authority (SPSA) Board of Directors is discussing the issue of waste flow and they are anticipated to reach a resolution at the next Board meeting. He noted in September/October, each jurisdiction will be asked to consider local ordinances endorsing waste flow controls within the region. He stated, it not only reverses the Carbone decision, it also provides SPSA the ability to reduce the tipping fee from $100 per ton back to $50 per ton. Supervisor Brown added with respect to flow control, the Southeastern Public Service Authority (SPSA) will cease to entertain taking out-of-state waste. County Administrator Caskey stated there is ongoing debate as to what potential impact this action may have on commercial/private haulers and their customers. // Chairman ivy called for Transportation Matters. Kirsten M. Mazur, County Engineer, advised that MacFarland Neblett, Residency Administrator/Waverly District, was in attendance. Chairman ivy requested that the List of VDOT Responses to Action Items from Various Board Meetings contained in the agenda be modified to reflect only the items th~t need addressing. Chairman ivy inquired about the status of the drainage work that is needed on Grace Street. Mr. Neblett advised that, following a meeting with Mr. Dashiell, it was determined that no action is necessary at this time; however, special attention will be given to keeping the area leading to the steel channels open. He advised that the street is not suitable for heavy truck traffic, but the overlay that is to be applied should provide needed strength to the roadway. Supervisor Bradshaw inquired if anyone from the Town of Windsor had contacted his office regarding drainage issues near the Windsor High School. Mr. Neblett replied tllat the VDOT Operations Manager had been notified, but he was not aware of the status. Supervisor Bradshaw requested the status of the drainage study on Route 460 in Zuni. Mr. Neblett advised that the study should be complete by the end of August, 2007, at which time what action is necessary to resolve the issue will be identified. 5 Supervisor Bradshaw inquired about the status of the yield/stop sign leaving the tuilnel at Zuni circle. Mr. Neblett advised that he has not yet received a response back from the VDOT Traffic Engineer and that he would follow up accardingly on the request. Mr. Neblett reported that VDOT has addressed overhanging trees on ten (10) of the County's roadways and that it intends to continue in this effort. Chairman lvy questioned the status of "No Through Truck" signage on Four Square Road/Route 620. Ms. Mazur noted that there are two (2) additional projects proposed on Route 620 to widen the roadway for trucks and if "No Through Truck" signs are installed, the project may be null and void. Chairman ivy recommended installing the signs until the construction is complete. Mr. Neblett offered to speak with the Attorney General's representative at Hampton Roads District to determine how the law reads with respect to the temporary placement of si~ns and report back to the Board. Mike Huffman, Hardy District, requested the creation of a Transportation Commission. Supervisor Bradshaw moved that staff be directed to review the request and return to the Board with recommendations. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Citizens Comments. Brian Rowland of Walters appeared and spoke in reference to religion. // Chairman ivy called for Board Comments. There were no Board comments offered. // Chairman ivy called for the County Attorney's report. 6 Assistant County Attorney Popovich presented a request for a tax refund to VA Timberline, LLC due to a Board of Equalization revision. He stated the Interim County Attorney has approved the refund and he recommends that the Board authorize the Chairman to sign the refund on bellalf of the Board. Supervisor Bradshaw moved the Board authorize the Chairman to approve the refund due to VA Timberline, LLC. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the n~otion. Assistant County Attorney Popovich presented a Time and Materials Work Order from URS Corporation for a maximum fee of no more than $6,000. He advised that the Interim County Attorney has approved the Order as to form and he recommends that the Board authorize the Chairman to sign it on behalf of the Board. Supervisor Wright moved the Board authorize the Chairman to execute the Time and Materials Wark Order f'rom URS Corporation on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich presented an amendment to the Department of Health agreement with regards to cost sharing. He advised that the Interim County Attorney has approved the Agreement as to form and he recommends that the Board authorize the Chairman to sign on behalf of the Board. Supervisor Clark moved the Board authorize the County Administrator to enter into the agreement with the Department of Health on behalf of the Board. The motion was adopted by a vote of (S-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favar of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich presented a copy of revised by- laws for the Historic Architectural Review Committee, which has been reviewed by the lnterim County Attorney. Supervisor Clark moved that the Board authorize the Chairman to execute the Historic Architectural Review Committee By-Laws on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy votin~ in favor of the motion and no Supervisors voting against the motion. Assistant County Attorney Popovich presented an agreement for consulting services with Howlett & Associates, which the Interim County 7 Attorney has approved as to form and he recommends the Board authorize the Chairman to sign it on behalf of the Board. Supervisor Bradshaw moved the Board authorize the Chairman to execute the consulting agreement on behalf of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Attorney Popovich advised that he had eight (8) matters to discuss with the Board later dLiring the Closed Meeting. // Chairman ivy called for the Parks and Recreation report. William L. Twine, Director of Parks and Recreation, advised that a clean-up of the Tyler's Beach Boat Harbor area is currently underway. He reported registration of commercial boaters will resume following identification of boat owners. On the issue of the $500 fee for non-County residents to use the boat harbor, staff has been advised by the Army Corps of Engineers that the County should not charge out-of-County residents more than County residents if the County wants to remain on their list of sites for dredging. He noted that t11e electrical panels and receptacles installed at the facility in the past for the commercial boaters to utilize has not been activated by Dominion Virginia Power as they were located too low to the ground and are in the flood plain. He noted that the boaters have also advised that the present location of receptacles is too far from the boats to be of any use. He further noted the need for restrooms; abandoned/sunken boats; and certain law enforcement issues have come up and will be addressed with the commercial boaters and residents of the area. Relative to the issue of electrical power at the site, Supervisor Wright indicated his opposition to the installation of a 220 amp service, noting that ll0 amps would be sufficient. Mr. Twine relayed a suggestion of one of the users of the facility to place a manned mini convenienee center at that location. Supervisor Clark moved the Board direct County Administrator Caskey and staff to report back to tl~e Board at its August 2, 2007 meeting on how the electrical receptacle issue came about; what was paid far originally; what staff person was responsible for it and what contractor put it in. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // 8 Chairman ivy called for the Tourism report. Judy H. Winslow, Director of Tourism, presented a request to relocate the Smithfield-Isle of Wight Convention and Visitors Center and the Department of Tourism offices to the Isle of Wight Museum. Chairman ivy noted that the relocation would place the Department of Tourism in a more visible area and utilize County resources to the fullest extent. Supervisor Wright moved the Board approve the relocation of the Tourism Department and Visitors Center to the Isle of Wight Museum. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chainnan [vy called for the County Administrator's report. County Administrator Caskey presented a Resolution to Honor the Firefighters Impacted by the Tragedy in Charleston, South Carolina far the Board's consideration. He noted that a formal resolution signed by each of the Board members and the County's fire chiefs will be sent to Charleston. Chairman ivy moved the Board adopt the following Resolution: RESOLUTION TO HONOR THE FIREFIGHTERS iMPACTED BY TH~ TRAGEDY IN CHARLESTON, SOUTH CAROLiNA WHEREAS, on June 18, 2007, nine (9) courageous firefighters lost their lives in the line of duty while attempting to protect lives and property in Charleston, South Carolina; and, WHEREAS, the tragic events exemplify both the dangers inherent in firefighting as well as the bravery of the men and women who serve our communities daily as public safety professionals; and, WHEREAS, the public officials and public safety personnel in Isle of Wight County, Virginia were deeply saddened by the loss of the nine (9) heroic firefighters in Charleston, South Carolina; and, WHEREAS, the Isle of Wight County community wishes to express its deepest sympathies to Mayor Joseph P. Riley, Jr., Fire Chief Russell B. Thomas, Jr., and the families, friends, and coworkers of the deceased firefighters. 9 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia wishes to honor the firefighters whose lives were lost in the line of duty and express its deepest sympathies to their families, friends, and coworkers for the untimely loss of life of those brave individuals. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, re~ferenced the VACo 2008 Legislative Program contained in the agenda. He added that County's le~islative issues have been developed for submission to VACo. Supervisor Bradshaw requested that staff ineet with the Schools and Social Services Department. He stated a Resolution should be developed with respect to a state-wide gas tax for transportation funding. The Board discussed the fact that over the past four (4) years, ihe General Assembly has been unable to assist the County with all, but one of its relatively small issues that were developed ii~ an effort to operate the County in a more efficient manner. It was noted that the most troubling issue is tlie General Assembly's reliance upon authorities to take over the responsibilities that the General Assembly has been charged with. It was mentioned that Supervisor Clark serves on the Transportation Subcommittee; Supervisor Bradshaw serves on the Finance Subcommittee; Chairman ivy serves on the Education Subcommittee; Supervisor Wright serves on the Agriculture Subcommittee; County Administrator Caskey serves on the Administration of Government Subcommittee; and Donald T. Robertson serves on Health and Human Services. Mr. Robertson advised that in 2005 Delegate Barlow subn~itted a Bill in relation to the Board's concerns about VDOT signage, specifically historic sites and retail centers in the County. He further advised the Bill was carried over in 2005 to 2006, at which time the committee never acted on it. He nofed the decision must then be made whether or not to press forward with those legislative issues. He noted that the issues of a gas tax and authorities will be included in the County's legislative priority list, which will be forwarded to VACo. Liesl R. DeVary, Director of Budget and Finance, presented individual copies to the Board of the approved 2007-2008 Operating and Capital Budget. She advised that copies of the Budget will be placed in each of the County's library facilities, as well as posted on the County's website. 10 Patrick J. Small, Assistant County Administrator, distributed copies of a Press Release advising that Rusty Chase has been hired as the new Coordinator of Emergency Management, effective July 30, 2007 and Andy Aigner has been hired as the County's new Coordinator of Fire and EMS, effective September 1, 2007. He advised that both individuals will be present for the hurricane exercise scheduled for July 19, 2007. Supervisor Clark requested the Coordinator of Emergency Management and Coordinator of Fire and EMS be prepared to speak at an Isle of Wight Citizens Association meeting very soon following their arrival. // Chairman ivy called for consideration of the Consent Agenda. A. Local Emergency Management Performance Grant (LEMPG) - FY2007-08 Resolution to Accept and Appropriate Funds from the State Department of Emergency Management for the LEMPG Program B. Blackwater River Steering Committee C. Dominion Power Easement for the Carrsville Well Facility D. Estimated Cost to Extend Sewer to Courthouse Area E. Wood Chipper - Woody Acres Way F. County Policy Amendment Resolution to Amend the County Policy Manual Chapter 7, Article III G. Proposed Dominion VA Power 500 Kil~ovolt (kV) Transmission Line to be Located Within Isle of Wight County H. Correspondence from the Town of Windsor Regarding Revisions to the Town's 7oning Map I. Preliminary Subdivision Plat for St. Luke's Village, Sections l and 2 J. Planning Commission Action List of June 26, 2007 K. Delinquent Real Estate Tax Collection Monthly Report 11 L. May 3, 2007 Regular Meeting Minutes M. May 9, 2007 Special Meeting Minutes N. May 23, 2007 Joint Meeting Minutes Supervisor Bradshaw moved the Board adopt the Consent Agenda. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Appointments. Supervisor Bradshaw moved that the Board accept the declined appointment of Al Casteen to serve on the Board of Assessors. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Chairman Ivy moved that the Board appoint Jeanette Chapman to serve on the Board of Assessors representing the Smithfield District. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for Old Business. Chairman ivy advised that the Sheriff's Department is having difficulty in enforcing the 16-hour time limit provided for in the County's Ordinance to Amend Chapter 1 l, Motor Vehicles and Traffic, Article IV, Parking, which was adopted by the Board at its December 21, 2006 meeting. Supervisor Clark moved the Board direct Interim County Attorney Burton to revise the Ordinance with respect to the 16-hour time limit due to the difficulty of the Sheriffls Office in being able to enforce it. The motion was adopted by a vote of (5-0) witll Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman Ivy called for New Business. 12 Chairman ivy advised that he and Supervisor Brown attended the recent joint Isle of Wight and Smithfield Planning Commissions workforce housing meeting. He requested that staff provide the Board members with a bound report; that a Housing Officer position be employed by the County to oversee programs for workforce housing; that the Zoning Ordinance be rewritten to allow for affordable dwelling units; that workforce housing targets be developed and established with new developments; and set up a workforce housing trust fund, which would allow residents to get into workforce housing that they are currently unable to and it would be managed by the Housing Officer and funded through transfer taxes or recordation fees and grants. Supervisor Brown added that the County needs to provide enticements to developers to encourage them to be willing to do the affordable housing. He noted that currently there are unresolved issues, but it is anticipated that the task force will be making a presentation to the Board. Chairman ivy moved that the task force provide a presentation at the Board's August 2, 2007 meeting; that staff work with the Planning Commission so that when the Commission provides a recommendation, it is the actual Strategic Plan and Aetion Plan and how to implement it. The following points are to be included: Budget Housing Officer position; re- write of the Zoning Ordinance to allow for affordable dwelling units; work force development targets are to be set; and a work force trust fund is to be created. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved the Board direct staff to forward a request for service to Charter Communications froin citizens in the Carrsville District who reside on Holly Run Road. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. U Assistant County Attorney Popovich requested the Board enter the Closed Meeting pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a specific contract regarding Heritage Park; pursuant to Section 2.2-3711.A.7 regarding consul~ation with legal counsel requiring the provision of legal advice pertaining to actual litigation; pursuant to Section 2.2-3711.A.1 regarding consultation with legal counsel requiring the provision of legal advice pertaining to two (2) personnel matters of two (2) specific public officials; pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel regarding specific legal matters related to the Tidewater Inn; pursuant to 13 Section 2.2-3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a specific legal matter related to the Health Department lease; pursuant to Section 2.2-3711.A.3 regarding discussion or consideration of the acquisition of real property for a public purpose; and pursuant to Section 2.2-3711.A.1 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a personnel matter as requested by Supervisor Clark. Supervisor Bradshaw moved that the Board enter the Closed Meeting for the reasons stated by Assistant County Attorney Popovich. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy 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, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certitles that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were diseussed in the closed meeting to which this certifcation 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: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 14 ABSENT DURING MEETING: 0 Supervisor Clark moved the Board approve the contract with Rountree Construction and the proposed amendment discussed in the Closed Meeting contingent upon review and approval of the County Attorney's office. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved to direct staff to advise the Planning Commission that there be no windrows associated with the proposed Dominion Virginia Power 500 Kilovolt (kV) transmission line to be located within Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Wright and Ivy voting in favor of the motion and no Supervisors voting against the motion. // Chairman ivy called for the General Services report. E. Wayne Rountree, P.E., Assistant County Administrator, presented a Resolution to Authorize the Solicitation of Proposals for a Water and Sewer Rate Analysis for the Board's consideration. Supervisor Brown moved the Board adopt the following Resolution: RESOLUTION TO AUTHORIZE THE SOLICITATION OF PROPOSALS FOR A WATER AND SEWER RATE ANALYSIS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has determined that it is appropriate to solicit proposals for a water and sewer rate analysis for Public Utilities.; and, WHEREAS, County staff will need to discuss and negotiate the scope of services, as well as determine the experience and overall competencies of potential vendors. NOW THEREFORE, BE 1T AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 2.2- 4303.C (1950, as amended), authorizes County staff to conduct competitive negotiation through a request for proposals for the needed services noted based on its determination that competitive sealed bidding is not a practicable means of making the most appropriate selection of a provider of these services. The motion was adopted by a vote of (4-0) with Supervisors Brown, Clark, Wright and Ivy voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Bradshaw absent for the vote. 15 Ms. Mazur advised that in order to relocate mailboxes along Route 258 to the other side of the roadway would require that the roadway be widened to allow a turn-off area for the mail carrier as there is a sight distance problem. Supervisor Clark requested that Ms. Mazur contact Mrs. Grace Keen to advise her of her findings. // At 7:30 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, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. ~ "1 ~ ' U~{'~~ Carey ills Storm, Clerk r'~4~`~" ~ ` _ Stan D. Clark, Vice-Chairman Approvcd as to form: y~ j.7 /~ /~~u .~f j..~~c. <~..~ __ A. Paul Burton Interim County Attorncy 16