05-07-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTH DAY OF MAY IN THE YEAR
TWO THOUSAND AND NINE
PRESENT: James B. Brown, Jr., Chairman
Phillip A. Bradshaw, Vice - Chairman
Al Casteen
Stan D. Clark (Arrived at 5:25 p.m.)
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
1/
/1
Chairman Brown called the meeting to order at 5:00 p.m.
Supervisor Bradshaw delivered the invocation.
The Pledge of Allegiance was conducted.
Chairman Brown called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under the County Attorney's Report, add an update on the
Charter franchise renewal process; under the County Attorney's report, add a
request for public hearing for an Ordinance to Implement Personal Property
Tax Relief in Isle of Wight County, Virginia for Calendar Year 2009; under
the County Attorney's report, add four (4) closed meeting items; and, under
the County Administrator's report, add consideration of a Resolution to
Accept and Appropriate Funds Received from the Virginia Department of
Criminal Justice Services Forfeited Asset Sharing Program.
Supervisor Wright moved that the Board approve the agenda, as
amended. The motion was adopted by a vote of (4 -0) with Supervisors
Bradshaw, Brown, Casteen and Wright voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor Clark absent for the
vote.
Chairman Brown called for Special Presentations /Appearances.
1
John Cody Bradshaw and Carson Lee Daughtrey were presented formal
resolutions recognizing and congratulating them for achieving the rank of
Eagle Scout.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
JOHN CODY BRADSHAW
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, John Cody Bradshaw is a member of Boy Scouts of
America, Troop #37 and a resident of Isle of Wight County; and,
WHEREAS, Mr. Bradshaw has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Bradshaw for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that John Cody
Bradshaw is recognized and congratulated for achieving the rank of Eagle
Scout.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Brown, Casteen and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Clark absent for the vote.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
CARSON LEE DAUGHTREY
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Carson Lee Daughtrey is a member of Boy Scouts of
America, Troop #37 and a resident of Isle of Wight County; and,
WHEREAS, Mr. Daughtrey has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Daughtrey for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that Carson
Lee Daughtrey is recognized and congratulated for achieving the rank of
Eagle Scout.
2
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Brown, Casteen and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Clark absent for the vote.
Chairman Brown also recognized Christopher O'Neil Mitchell, who
was not present at the meeting, for achieving the rank of Eagle Scout.
Supervisor Bradshaw moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE AND CONGRATULATE
CHRISTOPHER O'NEIL MITCHELL
FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS, Christopher O'Neil Mitchell is a member of Boy Scouts
of America, Troop #3 and a resident of Isle of Wight County; and,
WHEREAS, Mr. Mitchell has achieved the rank of Eagle Scout; and,
WHEREAS, the Board of Supervisors wishes to recognize and
congratulate Mr. Mitchell for his achievement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight, Virginia that
Christopher O'Neil Mitchell is recognized and congratulated for achieving
the rank of Eagle Scout.
The motion was adopted by a vote of (4 -0) with Supervisors Bradshaw,
Brown, Casteen and Wright voting in favor of the motion; no Supervisors
voting against the motion; and, Supervisor Clark absent for the vote.
Ellen Couch, Isle of Wight County Public Schools, briefed the Board
on the School's acquisition of a literary program for preschoolers through a
Smart Beginnings Partnership.
/1
Chairman Brown called for Regional Reports.
Chairman Brown reported that the Hampton Roads Partnership had
discussed the proposed fast rail service from Washington to the City of
Norfolk, which will also travel through the County and the Cities of
Chesapeake and Suffolk. He advised that Suffolk Mayor Johnson, Norfolk
Mayor Fraim and himself had been appointed to a three (3) member
committee. He advised that the Partnership is also working on a regional
plan which will facilitate the acquisition of Federal grant funding.
Chairman Brown reported that the Social Services Board's budget has
been revised and reduced 20% by the local portion only. He advised that
Christian Outreach had provided a report which reflected that during the
month of March, 2009, 19 households had been served; 15 utility needs had
been met; four (4) medical needs had been met; and, a total amount of $4,362
had been dispersed. He advised that the Department of Social Services
continues to investigate ways in which certain services can be consolidated
between that organization and the County, although that organization's
accounting method is different from the County's.
Supervisor Bradshaw noted that the consolidation of services between
the County and the Department of Social Services is certainly possible.
Supervisor Bradshaw moved that the County Administrator be directed
to set up a meeting with Dean Lynch, Virginia Association of Counties, to
include staff and Chairman Brown, to discuss opportunities for consolidation
between the Social Services Department and the County. The motion was
adopted by a vote of (4 -0) with Supervisors Bradshaw, Brown, Casteen and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Clark absent for the vote.
County Administrator Caskey reported that the Southeastern Public
Service Authority Board of Directors had adopted its tipping fee at its
meeting on April 22, 2009, increasing the tonnage rate from $104 per ton to
$170 per ton, effective April 23, 2009.
Regarding the VACoBoard of Directors, Supervisor Bradshaw
reported on discussions involving the allocation of Federal stimulus funds.
He advised with respect to the school's portion of stimulus funds, $1.8
million will electronically be placed in the County's account by July 1, 2009.
He made reference to the Virginia Municipal League and VACo's response
to the propaganda published in Virginia Tomorrow by the Executive Director
of the Virginia School Board Association, which distorted information about
localities improperly using Federal stimulus funds.
Supervisor Bradshaw reported that the Western Tidewater Water
Authority continues to work on various contractual issues.
1/
Supervisor Clark arrived at the meeting at 5:25 p.m.
Chairman Brown called for Transportation Matters.
Edwin P. Wrightson, Director of General Services, requested
authorization to advertise for public hearing the Virginia Department of
Transportation FY2010 -2015 Six -Year Improvement Program.
Supervisor Bradshaw moved that staff be authorized to advertise the
VDOT FY2010 -2015 Six -Year Improvement Program for public hearing at
the Board's May 21, 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.
Mr. Wrightson requested authorization with certain procedural changes
in the Transportation Spreadsheet Report.
The Board concurred that expansion of the Transportation Matters
status report spreadsheet, to include, as recommended by staff, all VDOT
design projects in the County and that the reports be submitted on a bi-
monthly basis, can be accomplished administratively.
Mr. Wrightson reported that VDOT will be extending the left -turn lane
on Route 17 at Brewer's Neck by approximately 300 feet. He further
reported that VDOT is also studying the left -turn lane at the RaceTrac with
respect to its possible extension.
Supervisor Clark requested that appropriate action be taken to ensure
that school buses turning around at King's Cove and the RaceTrac do not
hang out into the roadway.
Supervisor Bradshaw inquired if VDOT has sufficient funding to
accomplish the work on Muddy Cross Road and Lawrence Drive.
MacFarland Neblett, VDOT Residency Administrator, responded
"yes," but, that staff has been notified by VDOT that when construction
begins on Lawrence Drive, the County's portion of the Revenue Sharing
Funds in the amount of $474,929 will be required and matched by VDOT.
He advised that the new advertising date for Lawrence Drive is August 25,
2009.
County Administrator Caskey distributed copies of information which
had been disseminated at a VDOT statewide video conference held earlier
today. He advised that the Governor is in support of the continuation of the
current level of service at the Jamestown/Scotland Ferry.
Supervisor Clark moved that the Chairman be directed to send a letter
under his signature to the Governor thanking him for his attention to the issue
of the continuation of current services at the Jamestown/Scotland Ferry. 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 Citizens Comments.
Herb DeGroft distributed a comparison of the Isle of Wight County
School's 2008 budget line amounts versus actual line amounts that appeared
in documents prepared by the School administration and approved by the
School Board. He noted that competent budgeting is the issue.
Sonja Ingram, Field Representative, Preservation Virginia, addressed
the proposed commercial development along Benns Church Boulevard and
its associated impact to the surroundings of the historic St. Luke's and Benns
Methodist Churches.
Supervisor Clark responded that this Board has been and continues to
be proactive in preserving the history of the County, as illustrated by the
creation of the Development Service District, whose purpose is to control
where development can occur in the County. He stated with respect to the
proposed development, landowners also have certain property rights and are
entitled to some say about what they put on their property. He assured Ms.
Ingram that the Board will take every measure possible to preserve the area
around St. Luke's. He advised that this Board has taken certain measures in
order to protect Ft. Huger, at no small cost to the County. He stated that this
Board has always been committed to preserving history in the County.
Thomas Mays, Isle of Wight Branch, Preservation Virginia, reiterated
the organization's concern regarding the impact of the proposed Benns Grant
development on the historic St. Luke's Church.
//
Supervisor Clark advised that he had attended a police memorial
service today in the City of Portsmouth in which Supervisor Casteen's
daughter had been a participant. He was very complimentary of her singing
ability.
Chairman Brown called for Board Comments.
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.
//
Chairman Brown called for the County Attorney's report.
Interim County Attorney Burton presented a contract between Isle of
Wight County and CHA, Inc. regarding a Master Plan for Nike and Heritage
Parks, which had been deferred previously by the Board to this meeting to
allow the Board an opportunity to conduct a work session on the budget. He
noted that there is also a report on this matter included under Old Business.
The Board's consensus was to discuss the matter later under Old
Business.
Interim County Attorney Burton presented a grant agreement between
the Virginia Department of Conservation and Recreation and Isle of Wight
County for $5,000 to implement a septic pump out program, which he
recommends the Board approve.
Supervisor Wright moved that the Chairman be authorized to execute
the Agreement on behalf of the Board. The motion was adopted by a vote of
(5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting
in favor of the motion and no Supervisors voting against the motion.
Interim County Attorney Burton requested authorization to advertise a
public hearing on An Appropriation Ordinance Pertaining to the Budget of
Isle of Wight County, Virginia for the Fiscal Year July 1, 2009 through June
30, 2010.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise the Ordinance for public hearing at the Board's May
21, 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.
Interim County Attorney Burton requested authorization to advertise a
public hearing on An Ordinance to Impose Tax Rates for Isle of Wight
County, Virginia for Fiscal Year July 1, 2009 through June 30, 2010.
Supervisor Clark moved that the County Attorney's office be
authorized to advertise the Ordinance for public hearing at the Board's May
21, 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.
Interim County Attorney Burton requested authorization to advertise a
public hearing on An Ordinance to Implement Personal Property Tax Relief
in Isle of Wight County, Virginia for Calendar Year 2009.
Supervisor Clark moved that the Board authorize the County
Attorney's office to advertise the Ordinance for public hearing at the Board's
May 21, 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.
Interim County Attorney Burton presented a revised set of by -laws for
the Wetlands Board for the Board's consideration.
Supervisor Clark moved that the proposed bylaws be returned to the
Wetlands Board with the request that they reconsider the need for a
Parliamentarian. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Interim County Attorney Burton briefed the Board on the need to
conduct a survey regarding the franchise renewal with Charter
Communications. He advised that following receipt of the results from the
survey, the Board would need to conduct a work session with respect to
production of a report and proposed ordinance to be sent to Charter
Communications for its review over a 30 -45 day time period after which
expected negotiations would take place over the terms placed in the proposed
ordinance by the County. He stated upon the two (2) parties reaching an
agreement, a public hearing will be conducted on the proposed ordinance and
Charter Communications would accept the franchise within a thirty (30) day
timeframe, thereby completing the renewal process.
Supervisor Bradshaw requested that Interim County Attorney Burton
include in his negotiations with Charter Communications the ability to have
services, which include internet, expanded to citizens who reside in rural
areas.
Interim County Attorney Burton advised that he has corresponded with
the President of Verizon Virginia inquiring of that organization's intentions
to provide cable, internet and telephone services in selected areas of Hampton
Roads.
Supervisor Wright moved that County Administrator Caskey be
directed to make contact with representatives from Wilson, North Carolina
and discuss the details and cost associated with that jurisdiction's
dissatisfaction with a former company and report back to the Board at its July
16, 2009 meeting regarding the feasibility of the County running its own
cable system. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Donald T. Robertson, Director of Information Services and Legislative
Affairs, advised that, with respect to the survey, staff is recommending that
postcards be sent to every household in the County advising that the County
is engaging in a survey process and encouraging them to be a part. He
advised that citizens could either take the survey on -line or by telephone. He
advised that the cost to send out the surveys is projected to be approximately
$6,000.
Interim County Attorney Burton offered to provide the Board a copy of
the survey for their reference.
Supervisor Wright moved that staff be authorized to mail postcards to
all County households encouraging citizens to participate by either filling out
a survey on -line or, for a defined period of time, to be surveyed over the
telephone. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
Interim County Attorney Burton advised that he had seven (7) items to
discuss with the Board later during the closed meeting.
//
Chairman Brown called for the General Services report.
Mr. Wrightson requested authorization to advertise the proposed
revisions to Chapter 14 /Sewers and Sewage Disposal and Chapter
16.1/Water. He advised that the increase in revenue will be approximately
40% over the current year. He advised that the Town of Smithfield does not
plan an increase in their sewer or water rates; however, a special fee may be
associated with the Consent Order and sewer. He advised that the Town of
Windsor is redoing their entire rate schedule and increasing their fee.
Supervisor Casteen moved that staff be authorized to advertise the
proposed Water and Sewer Ordinance revisions for public hearing on May
21, 2009. 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 the Economic Development report.
Kristine R. Sutphin, Project Manager, Economic Development,
presented a Resolution to Proclaim May 10 -16, 2009 as Business
Appreciation Week for the Board's consideration.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION TO PROCLAIM MAY 10 -16, 2009
9
BUSINESS APPRECIATION WEEK
WHEREAS, Governor Timothy M. Kaine has recognized May 10 -16,
2009 as BUSINESS APPRECIATION WEEK in the COMMONWEALTH
OF VIRGINIA and called this observance to the attention of all citizens; and,
WHEREAS, Virginia and its localities recognize the many charitable,
civic and philanthropic contributions made by businesses and support their
involvement in sustaining communities; and,
WHEREAS, the citizens of the County of Isle of Wight benefit from
the positive outcomes that voluntary financial, in -kind and service donations
by Virginia businesses bring to worthy causes; and,
WHEREAS, the County of Isle of Wight has joined the
Commonwealth in developing a supportive business climate to encourage
investment, job growth and community involvement; and,
WHEREAS, businesses in the County of Isle of Wight play a
significant role in growing the economy of the Commonwealth and in
nurturing charitable and civic organizations; and,
WHEREAS, Business Appreciation Week increases public awareness
of the valuable contributions that businesses make in our community.
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 May 10 -16, 2009 be designated as Business Appreciation Week.
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.
Brian Crowell, Economist, Virginia Economic Development
Partnership, addressed the Board responsive to the Department of Economic
Development's request for an economic impact study on the loss of 909 jobs
from ATC Panels, Franklin Equipment Company, International Paper and
Smithfield Foods. He advised that an additional 760 jobs in the County
could be lost as a result of the 909 direct jobs lost. He advised that the
County could lose an estimated $3.4 million in tax revenues.
Supervisor Bradshaw moved that County Administrator Caskey be
directed to share the results of the study prepared by the Hampton Roads
Economic Development Alliance with other localities. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
Clark and Wright voting in favor of the motion and no Supervisors voting
against the motion.
10
/ 1
At 7:00 p.m., Supervisor Bradshaw moved that the order of the agenda
be amended in order to conduct the public hearings. The motion was adopted
by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and
Wright voting in favor of the motion and no Supervisors voting against the
motion.
/1
Chairman Brown called for a public hearing on the following:
Resolution of the Board of Supervisors of the County of Isle of Wight
(The "County ") Authorizing the General Obligation Guaranty by the
County of the Timely Payment of Principal of and Interest on Certain
Guaranteed Subordinated Revenue Bonds to be Issued by the
Southeastern Public Service Authority of Virginia ( "SPSA ") for the
Purpose of Refunding and Restructuring Certain Outstanding Bonds of
SPSA
Jimmy Sanderson, Davenport & Company, stated for the Board's
consideration is a resolution formalizing the guaranty of the County of the
timely payment of the principal of and interest on the estimated maximum
amount of $10,022,411 of the estimated maximum amount of $72,000,000 in
guaranteed subordinated revenue bonds to be issued by the Southeastern
Public Service Authority (SPSA) of Virginia to refund and restructure certain
outstanding bonds of SPSA.
Chairman Brown called for persons to speak in favor of or in
opposition to the proposed Resolution.
No one appeared and spoke.
Chairman Brown closed the public hearing and called for comments
from the Board.
Supervisor Clark moved that the following Resolution be adopted and
that the Chairman be authorized to execute other appropriate documents,
including the Guaranty Agreement:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ISLE OF WIGHT (THE "COUNTY ") AUTHORIZING THE
GENERAL OBLIGATION GUARANTY BY THE COUNTY OF THE
TIMELY PAYMENT OF PRINCIPAL OF AND INTEREST ON CERTAIN
GUARANTEED SUBORDINATED REVENUE BONDS TO BE ISSUED
BY THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF
VIRGINIA ( "SPSA ") FOR THE PURPOSE OF REFUNDING AND
RESTRUCTURING CERTAIN OUTSTANDING BONDS OF SPSA
11
WHEREAS, 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;
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;
WHEREAS, the Chief Administrative Officers of the Owner
Communities drafted a proposal dated March 16, 2009, and entitled
"Financial Assistance Plan for the Southeastern Public Service Authority
(SPSA)" (the "CAO Proposal "), which has previously been presented to the
Board of Supervisors of the County (the `Board ") and which advances a
number of measures intended to address SPSA's short- and long -term
financial distress, including, among other things, the issuance by SPSA of its
guaranteed subordinated revenue bonds (the "Guaranteed Bonds ") and the
purchase by VRA of the Guaranteed Bonds for the purpose of restructuring
certain outstanding bonds of SPSA;
WHEREAS, pursuant to the CAO Proposal, timely payment of
principal of and interest on the Guaranteed Bonds will be severally
guaranteed by a general obligation pledge of the County and the Cities of
Franklin, Portsmouth and Suffolk, and a moral obligation pledge of the
County of Southampton (together, the "Guaranteeing Communities ");
WHEREAS, the terms of such guarantees are set forth in a Guaranty
Agreement between the Guaranteeing Communities, U.S. Bank National
Association and SPSA (the "Guaranty Agreement "), the form of which has
been presented to this meeting;
WHEREAS, the Board has determined that it is advisable to pledge the
full faith and credit of the County to severally guaranty the timely payment of
a portion of the principal of and interest on the Guaranteed Bonds pursuant to
the Guaranty Agreement; and
WHEREAS, a public hearing on the guaranty of the County has been
held after notice was published in accordance with the requirements of
Section 15.2 -2606 of the Code of Virginia of 1950, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, THAT:
Authorization of Guaranty. The Board hereby determines that it is
advisable and in the best interest of the County to severally guaranty the
timely payment of a portion of the principal of and interest on the Guaranteed
Bonds in the maximum amount of $10,022,411 pursuant to the Guaranty
Agreement; provided, however, the principal amount of the Guaranteed
Bonds shall not exceed $72,000,000.
12
1. Pledge of Full Faith and Credit. The full faith and credit of
the County are hereby irrevocably pledged for the payment when due of any
amounts payable by the County under the Guaranty Agreement. The Board
shall levy and collect annually, at the same time and in the same manner as
other taxes of the County are assessed, levied and collected, a tax upon all
taxable property within the County, over and above all other taxes,
authorized or limited by law and without limitation as to rate or amount,
sufficient to pay when due any amounts payable by the County under the
Guaranty Agreement unless other funds are lawfully available and
appropriated for the timely payment thereof.
2. Approval of Guaranty Agreement. The Guaranty
Agreement, the form of which has been presented to this meeting, is hereby
approved, and the County Administrator and the Chairman of the Board (the
"Chairman "), or either of them, are authorized and directed to execute and
deliver the Guaranty Agreement with such completions, omissions, insertions
and changes as may be approved by the County Administrator and the
Chairman, or either of them, such execution and delivery to conclusively
evidence such approval.
3. Further Actions. The County Administrator, the Chairman
and such officers and agents of the County as either of them may designate
are authorized and directed to take such further action as they deem necessary
regarding the execution and delivery of the Guaranty Agreement, and all such
actions previously taken by such officers and agents are ratified and
confirmed.
Effective Date. 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.
/1
Supervisor Bradshaw moved that the Board return to the regular order
of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors
Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion
and no Supervisors voting against the motion.
/1
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, provided an update on the H1N1 virus.
//
Chairman Brown called for the Emergency Services report.
13
Chairman Brown called for the County Administrator's report.
County Administrator Caskey presented a Resolution to Recognize
May 8, 2009 as Early Childhood Professionals Day for the Board's
consideration.
Supervisor Clark moved that the Board adopt the following Resolution:
RESOLUTION TO RECOGNIZE MAY 8, 2009 AS
EARLY CHILDHOOD PROFESSIONALS DAY
WHEREAS, every child in Virginia is a precious individual, full of
promise and great potential; and,
WHEREAS, there are over one million children under the age of
thirteen (13) in Virginia; and,
WHEREAS, Virginia's early childhood professionals provide for these
children to ensure their safety, health and well - being, and serve as role
models to foster children's educational and social skills; and,
WHEREAS, it is important to encourage professional levels of practice
among those who have chosen to assist working families in the vital mission
of safeguarding and nurturing children; and,
WHEREAS, it is important to recognize and reward the efforts of those
who are building Virginia's future, child by child, day by day; and,
WHEREAS, the Isle of Wight County Board of Supervisors commits to
Smart Beginnings for its youngest citizens, with opportunities to Start
Strong.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
May 8, 2009, as Early Childhood Professionals Day in Isle of Wight County.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Liesl R. DeVary, Director of Budget and Finance, formally introduced
Joe Mason, Davenport & Company, who presented an overview on Statement
No. 45 issued by the Governmental Accounting Standards Board (GASB)
and how it relates to how local and State governments should account for and
report any costs associated with post employment healthcare and other
nonpension benefits.
14
Supervisor Bradshaw inquired how the County would be impacted if
the school administration did not follow the same recommendations as the
County.
Ms. DeVary responded that the County's overall bond ratings would be
impacted. She recommended that the Board adopt a resolution adopting a
funding plan for the provision of retiree medical benefit coverage for County
and school employees, which is a affirmation that the County is addressing
the issue.
Supervisor Bradshaw commented that the resolution presented includes
the School Board and that by the Board adopting this resolution, it would
also be binding the School Board, which is a separate entity.
Interim County Attorney Burton advised that the Board would adopt
the resolution contingent upon the School Board adopting the same
resolution.
Supervisor Bradshaw moved that the following Resolution be adopted
as presented, contingent upon the School Board adopting the same policy:
AFFIRMATION OF ADOPTION OF A FUNDING PLAN FOR THE
PROVISION OF RETIREE MEDICAL BENEFIT COVERAGE FOR ISLE
OF WIGHT COUNTY AND ISLE OF WIGHT COUNTY PUBLIC
SCHOOLS
WHEREAS, ISLE OF WIGHT COUNTY AND ISLE OF WIGHT
COUNTY PUBLIC SCHOOLS provide their employees with access to
retiree medical benefit coverage, upon retirement, under one or more current
group healthcare plans;
WHEREAS, retirees pay the full blended premium rate for such
coverage, based on active and retired employee experience;
WHEREAS, retirees are therefore provided a subsidized benefit
through the medical plan;
WHEREAS, there are new accounting requirements for the retiree
medical benefits under Government Accounting Standards No. 43 and 45;
effective for the fiscal year ending June 30, 2009;
WHEREAS, ISLE OF WIGHT COUNTY AND ISLE OF WIGHT
COUNTY PUBLIC SCHOOLS now wish to establish a non - binding plan for
the purpose of funding future retiree medical plan benefits; and
WHEREAS, ISLE OF WIGHT COUNTY AND ISLE OF WIGHT
COUNTY PUBLIC SCHOOLS also wish to adopt an 8 -year phase -in
funding policy to fund retiree medical benefit coverage (with such assets held
15
either in the General Funds of the County and Public Schools or in a trust
fund established for such purpose), where the employer contribution will
increase in 10% increments each year until the annual contribution equals
100% of the Annual Cost under GASB 45 guidelines after 8 years; and
WHEREAS, This policy may be amended and revised by Resolution
of ISLE OF WIGHT COUNTY AND ISLE OF WIGHT COUNTY PUBLIC
SCHOOLS in future years; and
NOW, THEREFORE, IT IS HEREBY RESOLVED that the 8 year
phase -in funding policy is affirmed for the purpose of funding the retiree
medical benefit coverage, effective with the fiscal year ending June 30, 2009.
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.
Ms. DeVary presented a Resolution to Appropriate Funds from the
Unappropriated Fund Balance of the General Fund for Fifth District Court
Services Unit for the Board's consideration. She noted that for the past three
(3) years, this expense has been coming in under budget each year, however,
this year there was an increase in the number of detention days.
Supervisor Wright suggested that Mr. DeVary contact the Town of
Windsor to see if the Town would be willing to fund some of the cost
attributed with the shooting that had recently occurred in the Town of
Windsor.
Supervisor Wright moved that the Board adopt the following
Resolution:
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
FIFTH DISTRICT COURT SERVICES UNIT
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved additional funding for the fifth district court services
unit; and,
WHEREAS, funds in the amount of one hundred five thousand dollars
($105,000) 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 one hundred five thousand
dollars ($105,000) from the Unappropriated Fund Balance of the General
Fund be appropriated to the FY 2008 -09 General Operating Budget.
16
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 (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Ms. DeVary presented a Resolution to Appropriate Funds from the
Unappropriated Fund Balance of the General Fund for Franklin Revenue
Sharing Agreement for the Board's consideration. She advised that at this
time last year, the County was under budget by approximately $65,000 and
the budget had already been approved for FY2009. She advised that the
Machinery & Tools Tax in FY2007 -2008 had increased by approximately
$300,000. She advised that next year, this expense should peak as the
amount of revenue collected for machinery and tools due to the closings in
that area and this agreement being in arrears and it should begin to go down
because the County is collecting less revenue.
Supervisor Bradshaw moved that the Board defer action on the
Resolution until the Board's May 21, 2009 meeting for further discussion and
evaluation by the Board. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Ms. DeVary presented A Resolution to Appropriate Funds from the
Unappropriated Fund Balance of the General Fund for Solid Waste Disposal
Due to an Increase in Tipping Fee for the Board's consideration. She advised
that staff had budgeted for an average rate of $100 per ton because staff had
been under the impression that the tipping fee would be reduced in February,
2009 due to flow control. She advised that the budget needs to be adjusted
for the months that the tipping fee was actually $104 per ton versus the $100
which is what was averaged during the year, as well as the several months
that the tipping fee will actually be $170 per ton. She advised that there was
also an increase in the household waste disposal in the amount of $51,000
which was not originally budgeted.
Supervisor Bradshaw moved that staff be directed to follow up on
household hazardous waste, specifically what is and what is not transpiring at
SPSA. The County Administrator is to determine when the issue is to be
returned to the Board. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Casteen moved that the following Resolution be adopted:
17
RESOLUTION TO APPROPRIATE FUNDS FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR
SOLID WASTE DISPOSAL DUE TO AN INCREASE IN TIPPING FEE
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has approved the increase in tipping fee to the Southeastern Public
Service Authority (SPSA); and,
WHEREAS, funds in the amount of four hundred four thousand dollars
($404,000) 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 four hundred four thousand
dollars ($404,000) 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 (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
Ms. DeVary called for consideration of the FY2009 -10 General
Operating and Capital Budget.
Supervisor Bradshaw moved that staff be directed to move $16,793
from the Board of Supervisors' Contingency line item to the Commissioner
of Revenue's part -time salaries and benefits line items. 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 inquired about the other Board members' feelings
towards adopting the School Budget by categorical funding.
Supervisor Wright recommended not adopting the School Budget by
categorical funding at this point in the budget process. He stated that this
Board has had an excellent working relationship with the School Board for
the past two (2) years, primarily due to the efforts of Ms. DeVary and Mr.
Jenkins, and it has not always been that way.
Ms. DeVary advised that the Board had funded the FY2006 School
Budget by category, which resulted in tension between the two (2) bodies.
18
She stated if the Board would prefer additional accountability, it does receive
a monthly financial report from the Schools which reflects the original and
revised budget amounts and the Board could request that the Schools address
what changes have occurred each month.
Supervisor Bradshaw advised that the School Superintendent has
authority to transfer funds between the various categories without advising
the School Board. He stated that he is in favor of funding the School's
budget by category because this Board is the fiscal agent of this County and it
is the responsibility of this Board to ensure that controls are in place to
ensure that the Schools are following their budget.
Supervisor Clark noted concern that he has not yet seen a serious effort
by the School administration with respect to the consolidation of services
between the County and the Schools.
Chairman Brown moved that staff be directed to consult with
Gloucester County and its School administration which has had success in
consolidation of certain services and return to the Board with a report.
Chairman Brown is to meet with the County Administrator, County staff and
Gloucester staff. 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 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 Clark moved that the Board adopt the proposed FY2009 -10
General Operating and Capital Budget as amended in the amount of
$104,151,405. Staff is to monitor the efforts to consolidate services between
the County and the School Board over the upcoming months with the
expectation that the Board expects to see a substantial movement in
consolidation of services. 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 adopt the proposed
FY2009 -10 Special Revenue Fund Budgets in the following amounts:
Museum Gift Shop: $10,100
County Fair: $198,600
19
E -911: $937,723
Public Utilities: $6,675,859
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 the removal of
County -owned property from the Courthouse Historic District for the
purpose of constructing an animal shelter. He stated that staff's
recommendation is to authorize him to execute the application.
Ms. Walkup advised that the School Board would be required to make
application to remove their property from the Courthouse Historic District
and that she would coordinate with the School Board based upon the Board's
action tonight.
Supervisor Wright moved that the County Administrator be authorized
to execute the application, 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's consideration of
the appointment of and setting of the compensation rate for the Board of
Assessors in conjunction with the County's 2010 reassessment,
Supervisor Wright moved that James Wesley Holland, Windsor
District, be appointed to serve on the Board of Assessors for the 2010
reassessment. 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 that a matter regarding the Board of
Assessors be added to the closed meeting later in the meeting.
Supervisor Bradshaw moved to authorize a compensation rate for the
Board of Assessors of $75 per day meetings and/or site review and $100 per
day for hearings plus mileage reimbursement at the County's established rate.
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, responsive to House Bill 1872,
requested that the Board begin to consider three (3) nominations for the
Southeastern Public Service Authority (SPSA) Board of Directors for
Governor Kaine's consideration, as well as the appointment of the County's
Ex- officio member.
20
Supervisor Wright moved that Theodore Hardison be considered as a
nominee for recommendation to Governor Kaine to serve on the SPSA Board
of Directors. 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 Harold Blythe be considered as a
nominee for recommendation to Governor Kaine to serve on the SPSA Board
of Directors. 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 advised that solicitation of interest for
additional nominees for recommendation to Governor Kaine to serve on the
SPSA Board of Directors will be communicated on the County's website and
PEG channel.
County Administrator Caskey presented a Resolution to Accept and
Appropriate Funds Received from the Virginia Department of Criminal
Justice Services Forfeited Asset Sharing Program for the Board's
consideration, which will increase the County's FY2008 -09 General
Operating Budget by $20,785.
Supervisor Wright moved that the following Resolution be adopted:
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS RECEIVED
FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE
SERVICES FORFEITED ASSET SHARING PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has received proceeds from the Virginia Department of Criminal
Justice Services Forfeited Asset Sharing Program; and,
WHEREAS, funds in the amount of twenty thousand seven hundred
eighty - five dollars ($20,785), or so much as shall be received from the
Virginia Department of Criminal Justice Services Forfeited Asset Sharing
Program need to be accepted and appropriated 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 twenty thousand, seven hundred
eighty -five dollars ($20,785), or so much as shall be received from the
Virginia Department of Criminal Justice Services Forfeited Asset Sharing
Program be appropriated to the appropriate line item in 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
21
accounting adjustment in the budget and to do all things necessary to give
this resolution effect.
The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw,
Brown, Casteen, Clark and Wright voting in favor of the motion and no
Supervisors voting against the motion.
/1
Chairman Brown called for consideration of the Consent Agenda.
A. 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 (September 24,
2009 Meeting)
B. Southeastern Alcohol Safety Action Program
Resolution Reaffirming the County's Endorsement of an
Independent Policy Board for the Southeastern Virginia
Alcohol Safety Action Program
C. Streetlight Request/Intersection of Foursquare Road and Comet
Road
D. Application for Grant Funds — Farmers' Market Promotion
Program
E. Recovery Act: Edward Byrne Memorial Justice Assistance Grant
(JAG) Formula Program
F. Solid Waste Plan 2018
G. Request for VDOT Revenue Sharing Funds
Resolution to Appropriate $494,929 in Revenue Sharing
Funds from the General Fund Reserve Fund Balance
H. Litter Pick Up
Resolution to Accept and Appropriate Grant Funds from
the U.S. Department of Agriculture for the Farmers'
Market Promotion Program
Resolution to Accept and Appropriate Edward Byrne
Memorial Justice Assistance Grant Funds from the U.S.
Department of Justice
22
I. Monthly Engineering Projects Report
J. Proposed Carrollton Cove Shopping Center Sign Updates
K. Delinquent Real Estate Tax Collection Monthly Report
L. March 19, 2009 Regular Meeting Minutes
M. April 2, 2009 Budget Work Session Minutes
N. April 2, 2009 Regular Meeting Minutes
0. April 3, 2009 Town Hall Meeting Minutes
Supervisor Clark moved that Items (C) and (J) be removed from the
Consent Agenda for further discussion and that the remaining items 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.
Chairman Brown inquired if there had been any concerns noted with
the intersection of Foursquare and Comet Roads.
Mr. Wrightson advised that Ms. Ford had requested the installation of a
streetlight to help light the area and curtail littering at that intersection.
Chairman Brown moved that the request 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.
Supervisor Clark inquired if the report on the proposed Carrollton
Cove Shopping Center sign was purely for informational purposes.
Amy Ring, Assistant Director of Planning and Zoning, responded that
the report is for informational purposes only.
Supervisor Clark moved to that the report 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.
//
Chairman Brown called for Appointments.
There were no appointments offered by the Board.
23
1/
Chairman Brown called for Old Business.
Mark W. Furlo, Parks Administrator, stated pursuant to the Board's
direction at its March 19, 2009 meeting, staff did consult with the
Departments of General Services and Planning and Zoning regarding the
feasibility of the two (2) Master Plan updates for Nike Park and Heritage
Park being conducted in- house. He advised that the General Services
Department does not have sufficient resources to devote to the project and,
while the Department of Planning and Zoning can supply staff support, staff
does not feel comfortable with being able to guarantee the quality of the
finished project if items are removed from the project. He stated with respect
to the possibility of the Cold War Museum being relocated to Nike Park, staff
feels that this Master Plan process can be a perfect opportunity to seek public
input, as well as provide an opportunity for the park to be planned around the
museum.
Supervisor Bradshaw inquired if staff has been moving in the direction
noted in the existing Nike Park plan.
Mr. Furlo noted that the community's needs have changed and staff
feels like it should be flexible and incorporate those changes in the plans. He
stated that the amenities contained in the Capital Improvements Plan are
included in the current Master Plan; however, there are certain issues with the
placement of the items. He advised that if the relocation of the Cold War
Museum becomes a reality, a new location for the different amenities may be
needed. He stated that during the public process, the community may
identify different amenities than those in the current Capital Improvement
Plan and it may have to be revised accordingly. He stated that as a
community grows, it changes, bringing in new and different interests than
those planned for in the past.
Supervisor Casteen expressed concern with allocating funds to revise
an existing plan that has never been executed due to an influx of new
residents.
Mr. Furlow advised that in the current Capital Improvement Plan, the
field is listed as a softball field; however, it has not yet been determined if it
will be a softball or baseball field as a request for it to be a baseball field has
been received from the American Legion. He advised that the baseball field
at the high school is not lit.
Supervisor Clark commented that the most economical way to proceed
is to keep the softball field at Nike Park and the County enter into a shared
arrangement with the schools and light the ballfield and improve it to
American Legion standard.
24
Supervisor Clark moved that Mr. Furlo be directed to return to the
Board at its May 21, 2009 meeting with additional details on what needs to
be done at Heritage Park. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
1/
Chairman Brown called for New Business.
Supervisor Bradshaw moved that the Trash Committee be expanded
and renamed the Recycling Committee and that the individual Board
members appoint one (1) person from their respective district to serve on the
Recycling Committee with the goal of developing a plan of action and
objectives with respect to how the recycling efforts in the County can
improved and expanded. The motion was adopted by a vote of (5 -0) with
Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Clark commented on the substantially better appearance of
the dome at the Eagle Harbor Shopping Center. He recognized Planning and
Zoning staff, the developer and the County Attorney's office for their efforts
in that regard.
1/
Interim County Attorney Burton requested a closed meeting pursuant to
Section 2.2- 3711.A.1 of the Code of Virginia relative to the discussion of a
personnel matter pertaining to a public employee; pursuant to Section 2.2-
3711.A.1 of the Code of Virginia relative to the discussion of a personnel
matter pertaining to four (4) public officials; pursuant to Section 2.2-
3711.A.7 regarding consultation with legal counsel requiring the provision of
legal advice pertaining to ATC Panels; 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 the Western Tidewater Water Authority; pursuant to
Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the
provision of legal advice pertaining to the City of Franklin; and, pursuant to
Section 2.2- 3711.A.1 of the Code of Virginia relative to the discussion of a
personnel matter pertaining to a specific public official.
Supervisor Bradshaw moved that the Board enter the closed meeting
for the reasons stated by the Interim County Attorney. The motion was
adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen,
25
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 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.
Supervisor Bradshaw moved that the Board adopt the following
resolution:
CER1IFICATION 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
/1
At 10:20 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 Wri ! ht voting in favor of the motion,
and no Supervisors voting against the mot ell
al CA.,,...4, Al
' es B. Brown, Jr., Chairman
c amp Lini .Q,o VJOYn'-
arey Mills Stbrm, Clerk
26