04-02-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SECOND DAY OF APRIL IN THE YEAR
TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman (Arrived at 6:10 p.m.)
Phillip A. Bradshaw, Vice - Chairman
Al Casteen
Stan D. Clark
Thomas J. Wright, III
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., due to the absence of Chairman Brown, Vice - Chairman
Bradshaw called the meeting to order.
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Supervisor Casteen delivered the invocation.
The Pledge of Allegiance was conducted.
Vice - Chairman Bradshaw reported that International Paper has
announced that it will close its sawmill and that there would additional
employee layoffs at the sheet finishing facility and the CIC plant located in
Southampton County.
Vice - Chairman Bradshaw called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the Economic Development report, add consideration of
an Economic Impact Study; under the County Attorney's report, add three (3)
closed meeting items; under New Business, add two (2) items, per Supervisor
Wright; and, under Regional Reports, add a report on the Fire and Rescue
Association, per Supervisor Wright; and, that the Board amend its agenda
under Special Presentations to recognize Mayor Oberndorf later in the
meeting upon her arrival.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4 -0) with Supervisors
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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.
Corey L. McCray, Director, Pruden Center, briefed the Board on two
(2) additional programs of study which involve Geographic Information
Systems (GIS) and Engineering and Technology with a specialization in
Modeling and Simulation.
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Vice - Chairman Bradshaw called for Regional Reports.
Supervisor Clark advised that the Southeastern Public Service
Authority has an agreement on the gap funding issue.
Donald R. Robertson, Director of Information Resources and
Legislative Affairs, advised that with respect to the Federal stimulus package,
IDEA funding for schools had been discussed by conference call and VACo
staff, after receiving additional information, and they will be providing
guidance to localities. He noted that funding to be used over the upcoming
years was also discussed.
Supervisor Wright reported that a graduation ceremony for the 23
graduates of the Fire Academy will be held at Smithfield High School on
June 19, 2009. He stated that, with respect to the hiring of a Fire Marshall,
he had requested that a committee be formed to discuss the self - supporting
position by the Budget and Finance Committee next year. He advised that
the problem with the fire software has now been identified. He brought to
the Board's attention that there is a conflict between the Board's September
17, 2009 meeting date and the opening of the Fair.
Vice - Chairman Bradshaw called for Transportation Matters.
There were no matters offered for discussion.
Vice- Chairman Bradshaw called for Citizens Comments.
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Mike Luter of Windsor advised that Paul Roushia, President and
Master Trainer of American K -9 Interdiction, LLC, has agreed to install a
fence at the American K -9 facility. He noted objection to the manner in
which Supervisor Clark had treated him during his comments on the
appl ication.
Supervisor Clark responded that it was he who had originally requested
that Mr. Luter remain until later in the meeting that night so that he could
have additional time to discuss his concerns with the Board and so that the
Board could ensure that Mr. Luter had a full understanding of the reason why
the Board's original vote on the American K -9 facility could not be changed
as it is the Board's procedure to not reconsider a decision once acted upon.
He commented that Mr. Luter had taken the discussion beyond the procedural
aspect and returned to the merits of the original application. He stated that
there seemed to be no end to his debate and that some of his statements had
been unreasonable and inaccurate. He remarked that it was not his intension
to embarrass Mr. Luter; however, Mr. Luter did seem to be very determined.
He concluded that this type of use is needed by our country and that he
disagrees with Mr. Luter's characterization of his actions.
Pinky Hipp, on behalf of the Isle of Wight County Equine Task Force,
briefed the Board regarding the Task Force's concerns with the current
proposed animal control facility, specifically the lack of planned outdoor
facilities for large animals such as equine, alpacas, pigs, etc. She relayed the
Task Force's suggestion that the plans for that facility be modified to include
outdoor stalls and a small paddock area to house Large animals in emergency
situations.
Herb DeGroft, 15411 Mill Swamp Road, provided supporting
documentation to the Board concerning proposed savings in the 2009 -2010
budget. He made reference to a copy of an email from the State
Superintendent of Schools to all School Superintendents regarding the
Stimulus Package and what can and can not be done with those funds. He
further made reference to correspondence from himself to Interim County
Attorney Burton relative to the Isle of Wight County Schools' failure to meet
statutory requirements pertaining to the 2010 School budget public hearing.
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Vice - Chairman Bradshaw called for Board comments.
There were no further Board comments offered.
Vice - Chairman Bradshaw called for the County Attorney's report.
Interim County Attorney Burton requested that the Board ratify the
sending of a letter relative to the proposed debt restructuring. He advised
that the letter had already been sent to the bank for distribution to the bond
holders.
Supervisor Wright moved to ratify the sending of the letter to the bank,
as presented. The motion was adopted by a vote of (4 -0) with Supervisors
Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Chairman Brown absent for the
vote.
Interim County Attorney Burton presented a proposed schedule for the
bond restructuring RFPs. He advised that the Board will consider the
proposals received and award a bid on April 16, 2009, followed by the
adoption of a resolution to authorize the issue.
Supervisor Wright moved to approve the scheduling of the bond
restructuring. The motion was adopted by a vote of (4 -0) with Supervisors
Bradshaw, Casteen, Clark and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Chairman Brown absent for the
vote.
Interim County Attorney Burton advised that he had six (6) items to
discuss with the Board later during the closed meeting.
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Vice - Chairman Bradshaw called for the General Services report.
Edwin P. Wrightson, Director of General Services, presented an
engineering services contract for the Carrisbrooke Community water system
upgrades for the Board's consideration. He advised that the 2007 Master
Water and Sewer Plan had identified the extension of approximately 1,600
linear feet of eight (8) inch waterline in the Newport District as a top priority
project which will loop this system in the Carrisbrooke area providing
increased fire flow water service reliability, as well as the replacement of
certain meters and service connections.
Supervisor Clark moved that the County Administrator be authorized to
execute the Carrisbrooke waterline engineering design and bidding assistance
proposal as submitted by Malcolm Pirnie. The motion was adopted by a vote
of (4 -0) with Supervisors Bradshaw, Casteen, Clark and Wright voting in
favor of the motion; no Supervisors voting against the motion; and, Chairman
Brown absent for the vote.
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Vice- Chairman Bradshaw called for the Economic Development report.
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Lisa T. Perry, Director of Economic Development, requested the
Board's permission to utilize $15,000 from the Economic Development
Marketing line item for the current fiscal year for the purpose of funding a
revitalization project in the historic downtown district of Smithfield. She
noted that shops continuing to close along that corridor could seriously
impact the tourism business not only in the historic district, but along South
Church Street and the Route 10 corridor.
Responsive to Supervisor Wright inquiry about the possibility of future
funding requests for this effort, Ms. Perry advised that it would be the Town
of Smithfield's responsibility to work with the Chamber of Commerce to
organize volunteer citizen groups to provide the manpower to move the
action items forward and that there would be no additional requests to the
County for funding.
Supervisor Casteen moved that a contribution be authorized to the Isle
of Wight/Smithfield /Windsor Chamber of Commerce in the amount of
$15,000, plus expenses, not to exceed $2,000, to pay for the study with the
understanding that the Chamber and the Town of Smithfield will dedicate
staff resources to manage the project, organize the volunteer community and
accomplish the action items identified in the study. Staff is also to provide
the Board with a monthly report. The motion was adopted by a vote of (4 -0)
with Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Chairman Brown
absent for the vote.
Supervisor Clark requested that Ms. Perry keep the Board apprised on
what the County is receiving as a result of its monetary investment.
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Noting the arrival of Mayor Oberndorf, Vice - Chairman Bradshaw
presented her with a formal resolution recognizing her contributions.
Supervisor Clark moved that the following Resolution be adopted:
A RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF MAYOR
MEYERA E. OBERNDORF
WHEREAS, Mayor Meyera E. Oberndorf has served as a public servant in a
distinguished career that spans a period of over 40 years; and,
WHEREAS, Mayor Oberndorf was the first female ever elected to the
Virginia Beach City Council and she served as a Council member from 1976 -
1988; and,
WHEREAS, Mayor Oberndorf served as Vice -Mayor from 1986 -1988 and
was subsequently elected as the first directly elected mayor and the first female
mayor in the history of the City of Virginia Beach; and,
WHEREAS, Mayor Oberndorf also served in the capacity of regional
leadership and represented the Hampton Roads region throughout the
Commonwealth and across the nation with distinction; and,
WHEREAS, the Isle of Wight County Board of Supervisors wishes to
recognize Mayor Oberndorf for her dedication and public service.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of Isle of Wight County does hereby recognize and show its
appreciation to Mayor Meyera Oberndorf for more than 40 years of dedicated
public service in improving the quality of life for the citizens of the Hampton
Roads region.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Chairman Brown absent for the vote.
Vice - Chairman Bradshaw called for the continuation of the Economic
Development Report.
Ms. Perry, responsive to a request by Supervisor Bradshaw resulting
from layoffs in the area, advised that the Virginia Economic Development
Partnership is willing to create an economic impact study for the County
utilizing its IMPLAN modeling program. She further advised that the
Weldon Cooper Center can also provide a similar study utilizing different
data. She advised that staff, pursuant to permission from the Board to utilize
both organizations, will return to the Board with the requested information.
Supervisor Bradshaw moved that staff be directed to move forward
with the Virginia Economic Partnership (VEDP) and the Weldon Cooper
Center to access the studies utilizing their staff economists and the IMPLAN
modeling program. The motion was adopted by a vote of (4 -0) with
Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Chairman Brown
absent for the vote.
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Vice - Chairman Bradshaw called for the County Administrator's report.
Joyelle Saunders, Director of CASA, reported that 27 children have
been served by CASA during the current fiscal year; that 10 new volunteers
are to be sworn in on Monday, April 20, 2009 at noon at the Courthouse; that
the CASA program will be presented with the 2009 Hampton Roads Non-
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Profit Volunteer Program Achievement Award from Volunteer Hampton
Roads on April 29, 2009; that the CASA Board of Directors is operating
efficiently in recruiting members from the County, the City of Franklin and
Southampton County; that efforts are currently underway for this program to
be privatized on July 1, 2009; that a new Volunteer Services Coordinator has
been hired; and, office space has been opened in the City of Franklin to serve
Southampton County. She advised that participating localities have been
asked to contribute $1 per capita, which represents $18,000 from
Southampton County and $8,100 from the City of Franklin. She advised that
the County has fallen below the requested amount of $34,700 with a
budgeted amount of $27,590. She requested that the Board adopt a
resolution appropriating funds from the Unappropriated Fund Balance of the
General Fund for the CASA Program.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
THE CASA PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved an additional contribution to the CASA program
resulting in a total FY 2009 contribution equivalent to $1 per capita; and,
WHEREAS, funds in the amount of' seven thousand one hundred thirty-three
dollars ($7,133) need to be appropriated from the Unappropriated Fund
Balance of the General Fund to the FY 2008 -09 General Operating Budget of
the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia that seven thousand one hundred thirty-
three dollars ($7,133) from the Unappropriated Fund Balance of the General
Fund be appropriated to the FY 2008 -09 General Operating Budget.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the appropriate
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Chairman Brown absent for the vote.
County Administrator Caskey presented a Resolution to Designate the
Week of April 12 -18, 2009 as Public Safety Telecommunicators Week for
the Board's consideration.
Supervisor Wright moved that the following Resolution be adopted:
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RESOLUTION TO DESIGNATE THE WEEK OF
APRIL 12 -18, 2009 AS PUBLIC SAFETY TELECOMMUNICATORS
WEEK
WHEREAS, dedicated Public Safety Telecommunicators daily serve
the citizens of Isle of Wight County by answering their calls for law
enforcement, fire and emergency medical services and by dispatching the
appropriate assistance as quickly as possible; and,
WHEREAS, professional Telecommunicators work to improve the
emergency response capabilities of communications system through their
dedication, hard work, and participation in ongoing training and other
programs; and,
WHEREAS, Public Safety Telecommunicators provide an essential
service to all citizens and often work long hard hours without proper
recognition by our community; and,
WHEREAS, these professionals need and deserve the informed support
of our community to continually maintain and improve the quality of Public
Safety dispatching services; and,
WHEREAS, the County of Isle of Wight has designated April 13 -19,
2008 as a time to honor and recognize our Public Safety Telecommunicators
and the vital contributions they make to the safety and well being of our
citizens.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that the week
of April 12 -18, 2009 be designated as Public Safety Telecommunicators
Week.
BE IT FURTHER RESOLVED that the Board urges all citizens to take
note of this special week and give due honor to our County's Public Safety
Telecommunicators.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Chairman Brown absent for the vote.
County Administrator Caskey presented a Resolution on the Spending
of Federal Economic Renewal Grants for the Board's consideration.
Supervisor Clark moved that the following Resolution be adopted and
that staff be directed to forward the Resolution to VACo with the request that
it be forwarded to other localities in the State with the request that they adopt
a similar resolution:
RESOLUTION ON THE SPENDING OF
FEDERAL ECONOMIC RENEWAL GRANTS
WHEREAS, the economic downturn is having a critical impact on everyday
Americans who are struggling to maintain or find jobs in an increasingly difficult
environment; and,
WHEREAS, those same Americans are the taxpayers that provide the
revenue needed to operate essential government services; and,
WHEREAS, Congress approved and President Obama signed into law a
taxpayer- sponsored economic recovery package that will provide billions of
dollars to help economically devastated cities and states immediately provide jobs
to millions of out -of -work Americans through considerable infrastructure
rebuilding, green energy projects and other projects that will require manufactured
components; and,
WHEREAS, our taxpayer dollars should be spent maximize the creation of
American jobs and restoring the economic vitality of our communities; and,
WHEREAS, any domestically produced products that are purchased with
economic recovery plan monies will immediately help struggling American
families and will help stabilize our greater economy; and,
WHEREAS, any economic recovery plan spending should — to every extent
possible — include a commitment from Isle of Wight County to buy materials,
goods, and services for projects from companies that are produced within the
United States, thus employing the very workers that pay the taxes for the economic
recovery plan spending in the first place.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
the County of Isle of Wight, Virginia will work to maximize the creation of
American jobs and restoring economic growth and opportunity by spending
economic recovery plan funds on products and services that both create jobs and
help keep Americans employed.
BE IT FURTHER RESOLVED that the Board of Supervisors commits, to
the extent possible, to purchase only products and services that are made or
performed in the United States of America whenever and wherever possible with
any economic recovery monies provided to Isle of Wight County by the American
taxpayers.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Chairman Brown absent for the vote.
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County Administrator Caskey presented for the Board's consideration a
set of draft guidelines for use by staff when the Board receives requests for
recognition of County citizens.
Supervisor Casteen moved that the following Guidelines for
Recognitions be adopted as presented by the County Administrator:
GUIDELINES FOR RECOGNITION
The Board of Supervisors may wish to recognize individuals or organizations with
a letter, resolution, or a more significant representation of the Board's esteem.
Recognition of an individual over and above the presentation of a letter and /or
resolution should meet one or more of the following criteria:
Must be a current or former resident or must have made a significant
contribution to the quality of life of the citizens of Isle of Wight County;
Must have served as an elected or appointed official representing the
County or a community within the County;
Must have received local, statewide, or national recognition for a significant
achievement.
Recognition of an individual /organization by permanently affixing the name of the
individual /organization on County equipment, facilities, rooms, or programs
should meet at least two (2) of the following criteria:
Must be a current or former resident and must have made a significant
financial or in -kind contribution to a facility or program or provided
significant public service in a manner that improves the quality of life of the
citizens of Isle of Wight County;
Must have served as an elected or appointed official representing the
County or a community within the County;
Must have received statewide, or national recognition for an extraordinary
achievement.
Suffered a loss of life in the line of duty or service to the community.
All recognitions must be approved by the Board of Supervisors. The Board
reserves the right to waive any or all of the above criteria for recognition when
deemed appropriate.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Casteen, Clark and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Chairman Brown absent for the vote.
Mark W. Furlo, Parks Administrator, presented a request from the
Smithfield Ruritan Club to install a memorial bench in memory of Gene
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"Moe" Barlow at the entrance to the Paul D. Camp Community College. He
advised that the Town of Smithfield has agreed to order the bench and pay
for charges associated with its shipping provided that the County's
Department of Parks and Recreation will assist with its installation.
Supervisor Casteen moved to authorize the installation of a memorial
bench to honor Gene "Moe" Barlow at the entrance to Paul D. Camp
Community College. The motion was adopted by a vote of (4 -0) with
Supervisors Bradshaw, Casteen, Clark and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Chairman Brown
absent for the vote.
At 6:10 p.m., Chairman Brown arrived at the meeting.
County Administrator Caskey presented a Resolution Recommending
Approval of the Restructuring of Certain Outstanding Bonds of the
Southeastern Public Service Authority of Virginia (SPSA) as Proposed by the
Chief Administrative Officers of the Eight Member Jurisdictions and the
Terms and Conditions of Such Approval for the Board's consideration. He
advised that a proposed financial assistance plan had been included in the
Board's agenda which had been developed by the Chief Administrative
Officers of the eight (8) member jurisdictions that represent SPSA. He
advised that this plan was also presented to and reviewed by the Virginia
Resources Authority Risk Management Board. He advised that the County is
committing to the payment of higher tipping fees for trash disposal that are
uniform and retroactive to February 1, 2009 through June of 2010. He
advised that the County's remaining commitment is the GO pledge for VRA
refinancing.
Supervisor Clark moved to approve the Chief Administrative Officers'
Plan of the Eight (8) member jurisdictions of the Southeastern Public Service
Authority (SPSA). The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Clark moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ISLE OF WIGHT APPROVING THE RESTRUCTURING
OF CERTAIN OUTSTANDING BONDS OF THE SOUTHEASTERN
PUBLIC SERVICE AUTHORITY OF VIRGINIA AS PROPOSED BY THE
CHIEF ADMINIS I'RATIVE OFFICERS OF THE EIGHT MEMBER
JURISDICTIONS, INCLUDING AN INCREASE IN MUNICIPAL
TIPPING FEES AND A GENERAL OBLIGATION PLEDGE OF THE
COUNTY OF ISLE OF WIGHT IN SUPPORT OF SUCH
RESTRUCTURING, SUBJECT TO CERTAIN ADDITIONAL
UNDERSTANDINGS REQUESTED BY THE
VIRGINIA RESOURCES AUTHORITY
WHEREAS, The Southeastern Public Service Authority of Virginia
( "SPSA ") was created pursuant to the Virginia Water and Sewer Authorities
Act by its member jurisdictions (the "Owner Communities "), which are the
Cities of Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, and
Franklin, and the Counties of Southampton and Isle of Wight; and
WHEREAS, SPSA is currently indebted to the Virginia Resources
Authority ( "VRA ") in the amount of approximately $129 million on bonds
issued for various capital expenditures (the "SPSA Local Bonds "); and
WHEREAS, the Chief Administrative Officers of the Owner
Communities (the "CAOs ") have presented to VRA's Executive Director and
the Portfolio Risk Management Committee of the VRA Board (the "VRA
Portfolio Risk Management Committee ") a proposal dated March 16, 2009,
and entitled "Financial Assistance Plan for the Southeastern Public Service
Authority (SPSA)" (the "CAO Proposal "), which proposal has been presented
to this meeting; and
WHEREAS, the CAO Proposal advances a number of measures
intended to address SPSA's short- and long -term financial distress, including,
among other things, (i) a proposal for VRA to restructure certain outstanding
SPSA debt (the "VRA Restructuring "), (ii) the imposition of increased
municipal tipping fees to be paid by the Owner Communities and (iii) a
general obligation pledge by the County of Isle of Wight (the "County "), as
well as the Cities of Franklin, Portsmouth and Suffolk, and a moral
obligation pledge of the County of Southampton in support of the VRA
Restructuring; and
WHEREAS, on March 27, 2009, the VRA Portfolio Risk Management
Committee adopted a resolution (the "VRA PRMC Resolution "), which
resolution has been presented to this meeting, recommending to the full VRA
Board of Directors that it approve the VRA Restructuring in accordance with
the CAO Proposal, subject to certain additional understandings as set forth in
the VRA PRMC Resolution (the "Additional VRA Understandings ").
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, THAT:
1. The Board of Supervisors of the County (the "Board ") finds
that undertaking of the CAO Proposal subject to the Additional VRA
Understandings will further the following three objectives:
(a) Ensuring that SPSA can continue to provide service to the
Owner Communities under the existing use and support agreements
and remain current on its debt service payments; and
(b) Provide adequate time to reform the SPSA business model,
including time to properly evaluate proposals to change SPSA facility
ownership or operations; and
(c) Provide cash flow relief to Owner Communities by
facilitating the establishment of lower tipping fees than SPSA currently
has under consideration.
2. The Board further finds that it would be in the best interest of
the citizens of the County for the County to undertake its respective
obligations set forth in the CAO Proposal subject to the Additional VRA
Understandings and hereby approves such undertaking.
3. This resolution shall take effect immediately.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
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Vice - Chairman Bradshaw continued to take over for Chairman Brown
and called for the consideration of the Consent Agenda.
Supervisor Wright moved that the Consent Agenda be approved. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
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A. County Policy Amendment
Resolution to Amend the County Policy Manual Chapter 7
B. Monthly Engineering Projects Report
C. Litter Pickup
D. February 19, 2009 Regular Meeting Minutes
E. March 5, 2009 Regular Meeting Minutes
Chairman Brown called for Appointments.
Supervisor Bradshaw moved that Jill Peerey be reappointed to
represent the Carrsville District on the Blackwater Regional Library Board.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
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Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Wright moved that the Board appoint Lynn Jones to serve
on the Paul D. Camp Community College Board. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Wright moved to accept the resignation of Jackie Blythe on
the Events Committee. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Wright moved that the Board appoint Marie Johnson to
serve on the Events Committee representing the Windsor District. The
motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown,
Casteen, Clark and Wright voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Brown moved that Interim County Attorney Burton be
directed to incorporate into the Board's policies, for its consideration, that
when a Board member appoints a representative to serve on the various
boards /committees or other organizations that are district specific, that the
appointee should be selected from that district. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Wright moved to reappoint W. Douglas Caskey to serve on
the Hampton Roads Planning District Commission. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
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Chairman Brown called for Old Business.
There was no old business offered for discussion by the Board.
Chairman Brown called for New Business.
With respect to a request by Ms. Ford for a street light at the
intersection of Four Square Road and Comet Road, Supervisor Wright moved
that staff be directed to review the request and return to the Board for
approval. The motion was adopted by a vote of (5 -0) with Supervisors
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Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Wright moved that the second item added under Approval
of the Agenda by him be withdrawn. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
With respect to VDOT's proposal to reduce service on the
Jamestown /Scotland Ferry service, Supervisor Clark reported that he has
requested Congressman Forbes to review the possibility of a waiver of the
security service, which will reduce the VDOT line item for that matter by
$1.6 million, an amount sufficient to keep the ferry hours from being
reduced.
Supervisor Clark advised that Sheriff Phelps has agreed to provide
additional security at Founders Pointe during the spring and summer months
as requested by the Founders Point Community Association at its most recent
meeting.
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Code of Virginia to discuss a personnel matter
pertaining to a specific public official; pursuant to Section 2.2- 3711.A.7 for
consultation with legal counsel requiring the provision of legal advice
pertaining to the Southeastern Public Service Authority; pursuant to Section
2.2- 3711.A.7 for consultation with legal counsel requiring the provision of
legal advice pertaining the Young -Laine Courts building; pursuant to Section
2.2- 3711.A.7 for consultation with legal counsel requiring the provision of
legal advice pertaining to actual litigation; pursuant to Section 2.2- 3711.A.3
pertaining to the acquisition of real property in the Zuni district; and,
pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel
requiring the provision of legal advice pertaining to the DEQ Consent Order
regarding sanitary sewer overflow.
Supervisor Bradshaw moved that the Board enter the closed meeting
for the reasons stated by the County Attorney. The motion was adopted by a
vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright
voting in favor of the motion and no Supervisors voting against the motion.
Vice - Chairman Bradshaw advised that Chairman Brown had fallen ill
during the closed meeting and had been taken to the hospital.
Supervisor Wright moved that the Board return to open session. The
motion was adopted by a vote of (4 -0) with Supervisors Bradshaw, Casteen,
Clark and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Chairman Brown absent for the vote.
15
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2 -3712. of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bradshaw, Casteen, Clark and Wright
NAYS: 0
ABSENT DURING VOTE: James B. Brown, Jr.
ABSENT DURING MEETING: 0
Supervisor Clark moved that the Board deny the protest of Raymond
Key Commercial Contracting, LLC on the bid process for the construction of
the Young -Laine Courts Building and renovation of the Sheriff's Department
and authorize the Chairman to execute the denial of the protest. The motion
was adopted by a vote of (4 -0) with Supervisors Bradshaw, Casteen, Clark
and Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Chairman Brown absent for the vote.
//
Supervisor Clark moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
At 8:30 p.m., there being no rther business, Vice - Chairman
Bradshaw declared the meeting adjourn
O ,OU\ U LPJ bn Carey MStorm, Clerk
B. Brown, Jr., Chairman