03-05-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF MARCH IN THE YEAR
TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman (Arrived at 6:00 p.m.)
Phillip A. Bradshaw, Vice - Chairman
Al Casteen
Stan D. Clark
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
In the absence of Chairman Brown, Vice - Chairman Bradshaw called
the meeting to order at 5:00 p.m.
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Supervisor Wright delivered the invocation.
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The Pledge of Allegiance was conducted.
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Vice- Chairman Bradshaw called for Approval of the Agenda.
Interim County Attorney Burton offered the addition of five (5) closed
meeting items under the County Attorney's Report.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4 -0) with Supervisors
Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Chairman Brown absent for the
vote.
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Vice - Chairman Bradshaw called for Special
Presentations /Appearances.
Tom Steffens, ForKids, Suffolk House, provided a program overview
of ForKids, a non - profit organization formerly known as the Center for Hope
and New Beginnings (Suffolk Homeless Shelter). He noted that the support
of the community and volunteers help to make this program successful.
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Supervisor Clark moved that the matter be referred to staff for
consideration during the budget process and that, in the meantime, staff be
directed to investigate how this effort can be correlated with other regional
homeless efforts. The motion was adopted by a vote of (4 -0) with
Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Chairman Brown
absent for the vote.
Patricia R. Knight, Virginia Partnership Specialist, United States
Census Bureau, briefed the Board on that organization's partnering efforts
with local governments relative to the upcoming 2010 census to ensure that
citizens are appropriately informed and accurately counted.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, advised that an interview with Ms. Knight is aired on the
County's PEG channel and that the number to call for persons interested in
assisting with the census is depicted across the television screen.
Pearl Taylor, Food Services Supervisor, Isle of Wight County Public
Schools, provided an overview on the food programs currently being offered
in County schools.
Heather Mantz, Virginia Port Authority Director of Environmental
Affairs, briefed the Board regarding potential impacts to the Ragged Island
shoreline as a result of a proposed shore protection and habitat mitigation
project being partnered by the Authority and the Army Corps of Engineers.
She advised that the goal of the project is to extend the life of the Craney
Island dredge material management area and ultimately provide land for the
construction of a State -owned marine terminal in Hampton Roads. She
advised that the project will extend the life of Craney Island an additional ten
(10) years, while creating 54,000 jobs and a $5 billion economic impact to
the Hampton Roads region. She advised that the design was performed by
the Virginia Institute of Marine Science to restore the eroded shoreline, to
include building wetlands and providing fisheries habitat. She advised that a
series of break waters and a partial sand fill will be built that will be planted
with wetland grasses and the shallow pool will be subsidized with oyster or
clam shells.
The following concerns were noted by the Board with respect to the
proposed project:
Where the sand is to come from and where it will be placed on-
site;
Markers are to be included in the engineer's drawing warning
small craft;
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The size of rock should be larger than Class 2 rip rap, which is
too small for the wave action at that location; and,
What materials will be included in the dredged material because
of its potential to end up in Ragged Island Creek, which has been
designated as an exceptional waterway.
Beverly H. Walkup, Director of Planning and Zoning, was directed to
develop and email to the Board a summary of the Board's concerns, along
with a reminder of the March 16, 2009 Wetlands Board public hearing date.
Ms. Walkup was further directed to arrange a field trip for interested Board
of Supervisors and Wetlands Board members to tour a similar project
completed by the Virginia Port Authority at Plum Point near the Midtown
tunnel in the City of Norfolk.
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Vice - Chairman Bradshaw called for Regional Reports.
Assistant County Administrator Small briefed the Board on the
economic analysis conducted by Dr. Koch, Old Dominion University, with
respect to the Hampton Roads Economic Development Alliance. He reported
that the document notes that the Alliance has assisted with over $1 billion
dollars in new investments during the past four (4) years; that the County is
one (1) of the communities in the metro area that has the most amount of
individuals coming in from outside of the metro area to work and individuals
working outside the metro area; that the County has the most favorable cost
benefit, while being a relatively minor contributor to the Alliance; that a
business locating anywhere in Hampton Roads benefits the entire metro area;
that the payroll benefit to the County equals $676; and, that the tax revenue
represents $11 for every dollar invested in the Alliance.
Supervisor Casteen reminded the Board members that the grand
opening of the new Tourism office is March 13, 2009 at 4:00 p.m.
Supervisor Clark reported that all eight (8) participating member
jurisdictions of the Southeastern Public Service Authority (SPSA) are
pledging support with respect to gap funding. He advised that only seven (7)
participating member jurisdictions, excluding the City of Virginia Beach, are
committed to the restructuring of the debt. He advised that the first step is to
determine if State legislators and the Governor will agree to share equally in
the general obligation for the restructuring of the debt.
Chairman Brown arrived at the meeting and preceded over the meeting.
Supervisor Bradshaw reported that the State's budget has been
approved by the General Assembly and stimulus funds will be used to fully
fund education and Constitutional Officers.
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Supervisor Wright reported that the Western Tidewater Water
Authority has signed a contract and formed a subcommittee charged with
developing an improved alliance between the City of Suffolk and the County
with respect to water issues.
Supervisor Wright reported that the Fire and Rescue Association will
again be sponsoring its seafood event at the 2009 Fair. He advised the Board
that he has volunteered their assistance with serving the food. He remarked
that the Association is looking forward to the new air packs, as the existing
packs are now 25 years old.
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Supervisor Bradshaw moved that the Board take a recess. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Brown called for Transportation Matters.
Responsive to a request by Supervisor Clark regarding the status of
Yellow Rock Road, Kristin M. Mazur, County Engineer, advised that funding
has been identified within the Engineering budget that can be utilized to
relocate the power pole on Yellow Rock Road. She further advised that once
the pole has been relocated, the project will be turned over to VDOT.
Noting the departure of Ms. Mazur on March 20, 2009 from
employment with the County, Supervisor Clark requested that staff be
prepared to move forward in her absence with getting this matter resolved as
quickly as possible.
Responsive to Supervisor Bradshaw's inquiry regarding Piney Grove
Road, Ms. Mazur advised that she is working in conjunction with the County
Attorney's office and, if it is determined that the County was deeded the
property by private property owners, then the County can proceed to deed the
property back to the private property owner, of which Piney Grove Church
was an original property owner. She advised that a right of entry will be
given to the other property owner, International Paper, to prevent any land
locking.
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Responsive to Chairman Brown's inquiry if the landscaping and
lighting requirement at the Rushmere Volunteer Fire Department is a
function of VDOT, Beverly Walkup, Director of Planning and Zoning,
advised that staff is scheduled to perform a field visit on site and, once a plan
is submitted by the Fire Department, she will be better able to determine if
the requirements of the Zoning Ordinance are being met or whether a
landscaping waiver needs to be requested.
Chairman Brown, Ms. Walkup and the Rushmere Volunteer Fire
Department Chief agreed to meet to further discuss the matter.
Ms. Mazur advised that the Hampton Roads Area Metropolitan
Planning Organization (MPO) will be receiving $41 million dollars in
stimulus funding. She stated that the Transportation Technical Committee
recently voted to divide the funds per capita, of which the County's portion
will be $813,000. She stated from that $813,000, the Towns of Smithfield
and Windsor are requesting that their funds be divided per capita, which
equals 20 %, or $162,600 for the Town of Smithfield and 8 %, or $65,000 for
the Town of Windsor, leaving $585,000 as the County's share. She noted
that she has distributed a list of projects that are eligible to receive Federal
funding. She requested that the Board provide direction on which projects it
would like included in the list, which must then be submitted to the MPO.
She advised that the County can give the projects to VDOT to manage or
they may be locally administered by the County in coordination with VDOT.
Supervisor Bradshaw moved that staff be directed to send a letter to the
Metropolitan Planning Organization and direct Supervisor Clark that, with
respect to the economic stimulus money and the $813,000 designated for use
in the County, that the Board designate the Route 460 drainage project; the
Route 10 drainage project; the Smithfield Church Street project; and, the
Town of Windsor sidewalk repair project. If the flood prevention project
fails, then the Board designates the traffic calming and safety improvements
project in its place. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
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Chairman Brown called for Citizens Comments.
Carolyn Pollard read a letter into the record from Otelia Tynes dated
March 4, 2009 and expressing her concern with the discontinuation of the
Respite Program administered by the Health Department.
Supervisor Bradshaw moved that the matter be further discussed later
in the meeting under Old Business. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
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Frederick Chapman spoke in favor of the Health Department
continuing to administer the Respite Program.
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Chairman Brown called for Board comments.
No comments were offered by the Board.
Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton advised that the Locust Grove lawsuit
has been settled with the County agreeing that due to the original application
being denied by the Board, that it can not be brought again before the Board
for consideration for a period of one (1) year, but that the Board could
authorize that the applications be filed with the Planning and Zoning
Department by the Board's own motion.
Supervisor Clark moved that the Chairman be authorized to execute the
applications for the Conditional Use Permits for the borrow pit on behalf of
Locust Grove Partners, L.P. and the Estate of E. E. Holloway, Jr. and that
same be authorized to be filed with the Planning and Zoning Department to
be processed in the normal manner. The motion was adopted by a vote of (5-
0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in
favor of the motion and no Supervisors voting against the motion.
Interim County Attorney recommended, and the Board concurred, that
consideration of the Ordinance to Amend and Reenact the Isle of Wight
County Code by Adding Chapter 13.1 Refuse Disposal Fee System be
postponed so that he may address the concerns of the Commissioner of
Revenue, the Treasurer and the Director of Budget and Finance.
Interim County Attorney Burton advised that he had four (4) matters to
discuss with the Board later in closed meeting.
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Chairman Brown called for the Community Development report.
Ms. Walkup advised that per a memorandum contained in the agenda,
negotiations between staff and the developer have resumed with respect to
certain modifications to the dome at The Shoppes at Eagle Harbor. She
advised that at the Board's seats are renderings which resulted from a recent
meeting between staff and a representative of the developer. She distributed
digital renderings which had been provided by the architect.
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Supervisor Clark moved that the Board approve the rendition, as
offered by the Director of Planning and Zoning, with the following
conditions:
A.) Main EIFS color is to be matched off a middle color from the red
mottled brick on the shopping center. Sample colors will be provided
to County staff for selection prior to application and, once a color has
been selected, the color shall be applied to one (1) panel for final
approval;
B.) Recessed "window" areas are to be painted dark gray EIFS to match
the appearance of the actual windows on the shopping center below;
C.) Trim area around windows to match the window profiles at street level;
D.) Head above window is to match the EIFS color on the columns; and,
E.) Any other details deemed necessary by staff that needs to be worked
out with the applicant, to include reimbursement to the County for
whatever was expended by the County to have someone look at the
dome.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Chairman Brown called for the General Services report.
Edwin P. Wrightson, Director of General Services, stated that pursuant
to the Board's direction at its February 19, 2009 meeting, staff has made
contact with the Virginia Department of Transportation (VDOT) and
discussed the Route 460 project in Zuni regarding VDOT's request for
connection to the Town of Smithfield's water system.
Mr. Neblett confirmed that VDOT does have a failing well in
Smithfield on property that is within the bounds of the County and the
waterline is within the bounds of the Town of Smithfield. He advised that
VDOT would prefer to tap onto the existing service facility rather than drill a
new well.
Supervisor Bradshaw moved that the matter be referred to the Interim
County Attorney and County Administrator for their recommendation back to
the Board on its options at its March 19, 2009 meeting. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
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Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Mr. Wrightson advised that the Building & Grounds Committee has
recommended that it would be in the County's best interest to readvertise the
Isle of Wight animal control facility project for design services and terminate
the contract with Daggett and Grigg.
Supervisor Clark moved to authorize staff to terminate the County's
agreement with Daggett and Grigg and to advertise for design services for the
new animal control facility. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Mr. Wrightson advised that pursuant to the Board's direction at its
January 8, 2009 meeting, staff has developed a staffing plan with respect to
the storm water management needs in the General Services Department. He
further advised that staff is requesting authorization to discuss the issue with
the Board's Personnel Committee and return to the Board at its March 19,
2009 meeting with a recommendation regarding personnel needs.
Supervisor Bradshaw moved that staff be directed to work with the
Personnel Committee and return to the Board at its March 19, 2009 meeting
with a recommendation on personnel needs. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
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Chairman Brown called for the County Administrator's report.
County Administrator Caskey solicited the Board's input with respect
to how it would like to recognize County volunteers this year. He suggested
that volunteers could be recognized during a segment of "The County Beat"
and that staff would be utilizing the County's PEG channel and website.
Supervisor Clark moved that staff bring back recommendations relative
to recognizing volunteers at the 2009 County Fair. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
County Administrator Caskey presented a request for property donation
from International Paper.
Supervisor Bradshaw moved that the Board authorize the Chairman to
sign the letter dated March 5, 2009 to Mr. John Hora, Controller, Franklin
Lumber Mill, requesting that International Paper donate a certain isolated
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piece of property that is currently part of a larger parent tract. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
County Administrator Caskey stated pursuant to the Board's direction
at its January 22, 2009 Board meeting, staff has developed an outline of
suggestions relative to the consolidation of services between the County, the
School administration and the Department of Social Services.
Supervisor Clark moved that consolidation of the School's and
County's Human Resource Department, County Attorney's Department,
Budget and Finance Department and the Public Information Officer be
included on the next Joint Finance Committee's agenda for discussion. In the
meantime, the Interim County Attorney and the County Administrator are to
be prepared to advise how the County can proceed in this effort and include
the pros and cons associated with the County implementing such a
consolidation at the Joint Finance Committee meeting. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, advised that the State budget had been adopted by the
General Assembly, but that the details are still being work out with respect to
how the funding will be used that is derived from the Federal stimulus
package. He advised that the legislation involving the elimination of cash
proffers had been defeated; however, the legislation involving alternative
septic systems did pass both houses of the General Assembly.
Supervisor Clark requested that Mr. Robertson advise the Board how
the various legislators voted on the proposed legislation that takes away a
local government's authority to place further regulations on alternative septic
systems.
Mr. Robertson advised the Board that staff has submitted 46 County
projects to the Governor's website for consideration of economic stimulus
funds. He advised with respect to Federal funds, there are substantial
opportunities available for local governments to receive funding and that
staff will be reviewing the County's list of projects.
Supervisor Bradshaw requested that Mr. Robertson and Mr. Wrightson
ensure that the County submits a request for Federal funding for the
replacement/upgrading of the water system in Rushmere and the replacement
of the water tower in Zuni in a timely manner.
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Chairman Brown called for consideration of the Consent Agenda.
A. Change in Board of Supervisors' Meeting Schedule
C. Litter Pickup
Resolution of the Board of Supervisors of Isle of Wight
County, Virginia to Change its Meeting Schedule Adopted
by the Board at its Organizational Meeting of January 8,
2009 (Town Hall Meeting)
B. Monthly Engineering Projects Report
D. Planning Commission Approval of the application of Delmarva
Bojos, LLC for reconsideration of a freestanding sign at the site
of Bojangles, located on Out parcel 10 -A of The Shoppes at
Eagle Harbor.
E. The application of Joseph Stradley, applicant, for an exception to
the Highway Corridor Overlay District regulations to allow a
chain -link fence with slats and storage of materials within the
minimum visual buffer.
F. Real Estate Purchase Agreements
Resolution to Appropriate Funds from the Unappropriated
Fund Balance of the General Fund for an Agent Option Fee
G. December 4, 2008 Regular Meeting Minutes
H. December 18, 2008 Regular Meeting Minutes
I. January 8, 2009 VDOT Quarterly Meeting Minutes
J. January 8, 2009 Regular Meeting Minutes
K. January 22, 2009 Regular Meeting Minutes
Supervisor Bradshaw moved that the Consent Agenda be approved as
presented. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Chairman Brown called for Appointments.
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Supervisor Clark moved that Leah Dempsey be appointed as the
Planning Commission member to serve on the Development Review
Committee representing the Newport District. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Wright offered the name of Theodore Hardison as an
appointee from this Board should the Governor begin to solicit private
citizens to serve on the Southeastern Public Service Authority Board of
Directors.
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Chairman Brown called for Old Business.
Joseph R. Chase, Director of Emergency Services, represented a
request for laptops for the various fire and rescue stations.
Supervisor Clark moved that Option 2 be approved and directed that
staff return with an appropriations resolution at the Board's March 19, 2009
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
With respect to the comments offered by Carolyn Pollard and Frederick
Chapman under Citizens Comments regarding the Respite Program
administered by the Health Department, Supervisor Bradshaw moved that the
County Administrator be directed to obtain additional information from the
Health Department and present any findings back to the Finance Committee.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Brown requested consideration of a motion that staff be
directed to report Finance Committee actions in the Consent Agenda.
Supervisor Clark suggested that all committees, including the Finance
Committee, provide a brief summary of their meetings to the Board.
Supervisor Bradshaw remarked that State law requires that all meetings
be advertised and minutes taken accordingly.
Supervisor Clark suggested that the minutes of any committee
appointed by the Board could be included in the Board's agenda within a
thirty (30) day period.
Supervisor Casteen moved, and then withdrew his motion, that the
Finance Committee report their actions for items that were referred
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specifically to the Finance Committee by the Board in the following
meeting's Consent Agenda.
Supervisor Clark moved that the Board take a recess. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Bradshaw moved that the Board return to open session.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Bradshaw requested that Assistant County Administrator
Small advise the Board on direct and indirect economic impacts to the
County if all major industries in the County curtail their business and how the
County intends to address this impact. He should further be prepared to
advise the Board how many businesses in the Town of Smithfield will be
impacted by the downsizing of Smithfield Foods and how many businesses in
the County will be impacted by the downsizing of International Paper, to
include what if Smithfield Foods and International Paper decide to shut down
their operations entirely.
Supervisor Clark moved that the Board request the Governor to veto
House Bill 1872 because it takes all of the elected representation off of the
SPSA Board. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Clark moved that staff be directed to request a meeting with
the State Legislators as soon as possible, to include other jurisdictions and
their Legislators, regarding a proper course of action relative to the City of
Virginia Beach coming to the table relative to the SPSA bailout. The motion
was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
County Administrator Caskey requested the Board to formally adopt
the County's 2009 -2010 Strategic Plan, noting that it had been reviewed by
the Board at its Retreat and now has been reformatted for distribution.
Supervisor Clark moved that the Board adopt the County's 2009 -2010
Strategic Plan. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Responsive to VDOT's proposal to reduce ferry hours and service,
Supervisor Clark moved that the Board direct County Administrator Caskey
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to communicate with Surry County to determine if the County can assist
them in having full ferry service restored in light of recent VDOT budgetary
reductions. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Bradshaw, citing the current economic downturn, moved
that the County not sponsor its annual golf tournament this year. The motion
was defeated by a vote of (4 -1) with Supervisors Brown, Casteen, Clark and
Wright voting against the motion and Supervisor Bradshaw voting in favor of
the motion.
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Chairman Brown called for New Business.
There was no new business offered for discussion by the Board.
Interim County Attorney Burton requested that the Board enter a closed
meeting pursuant to Section 2.2- 3711.A.3 of the Code of Virginia for the
limited purpose of consultation with legal counsel requiring the provision of
legal advice pertaining to the acquisition of real property in the Carrsville
District; pursuant to Section 2.2- 3711.A.3 for the limited purpose of
consultation with legal counsel requiring the provision of legal advice
pertaining to the acquisition of real property in the Newport District;
pursuant to Section 2.2- 3711.A.7 for the limited purpose of consultation with
Iegal counsel requiring the provision of legal advice pertaining to the
Department of Environmental Quality Consent Order regarding Sanitary
Sewer Overflow; pursuant to Section 2.2- 3711.A.7 for the limited purpose of
consultation with legal counsel requiring the provision of legal advice
pertaining to the Western Tidewater Water Authority; pursuant to Section
2.2- 3711.A.7 for the limited purpose of consultation with legal counsel
requiring the provision of legal advice pertaining to actual litigation;
pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter
pertaining to a specific public official; pursuant to Section 2.2- 3711.A.3 for
the limited purpose of consultation with legal counsel requiring the provision
of legal advice pertaining to the acquisition of property in the Smithfield
District; pursuant to Section 2.2- 3711.A.7 for the limited purpose of
consultation with legal counsel requiring the provision of legal advice
pertaining to the Southeastern Public Service Authority; pursuant to Section
2.2- 3711.A.7 for the limited purpose of consultation with legal counsel
requiring the provision of legal advice pertaining to actual litigation; and,
pursuant to Section 2.2- 3711.A.1 regarding discussion of a personnel matter
pertaining to a specific public official.
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Supervisor Clark moved that the Board return to open session. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Casteen moved that the meeting be continued past 11:00
p.m. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Clark moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Brown, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Wright moved that the Chairman be authorized by the
Board to sign a contractual agreement with Durwood Scott for the provision
of real estate agent services in Isle of Wight County for a three (3) year
period. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
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At 11:20 p.m., Supervisor Bradshaw moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5 -0) with Supervisors
Brown, Bradshaw, Clark, Casteen and Wright voting in favor of the motion,
and no Supervisors voting against the motion.
Carey Mi ! s Sto , Clerk
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B. Brown, Jr., Chai