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12-17-2010 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND TEN PRESENT: Thomas J. Wright, III, Chairman Al Casteen Stan D. Clark JoAnn W. Hall Kenneth M. Bunch Also Attending: Chairman Wright called the meeting to order at 5:00 p.m. and delivered the invocation. 11 A. Paul Burton, Interim County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk The Pledge of Allegiance was conducted. Chairman Wright called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Under the County Attorney's report, add authorization of a Right-of-Way Agreement between Isle of Wight County and Virginia Electric and Power Company; under New Business, add a Resolution to Appropriate $225,000 from the Undesignated Fund Balance for carpet removal /floor tile installation during the winter /spring breaks; and, under the closed meeting, add a personnel item, per County Administrator Caskey. Supervisor Clark moved that the agenda be adopted, as amended. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Special Presentations /Appearances. Chairman Wright advised that the Board's Thursday, December 16, 2010 meeting had been delayed until tonight (Friday, December 17, 2010) due to the inclement weather. 1 Interim County Attorney Burton advised that the following public hearings originally set for this meeting will be deferred to the January 6, 2011 meeting at 6:00 p.m.: A. The application of Charles L. and Deborah C. Owens, trustees of the Charles L. Owens and Deborah C. Owens Living Trust, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional -Rural Residential (C -RR) approximately 4.2 acres of land located on the east side of Carroll Bridge Road (Route 654), approximately 1 mile north of Bowling Green Road (Route 644) in the Windsor Election District, and the request to withdraw the 4.2 acres from the Courthouse Agricultural /Forestal District. The purpose of the application is to create two (2) single- family residential lots, as conditioned. B. The application of American K -9 Interdiction, LLC, applicant and owner for a Conditional Use Permit to allow for an expansion of a commercial dog kennel on approximately 47.589 acres of land located at 4007 Burdette Road in the Carrsville Election District. C. An ordinance to amend the following sections of Appendix B, Zoning: Section 1 -1015, Amendments, to revise the requirements for recording a zoning boundary plat and to revise the submittal requirements for rezoning applications, and Section 1 -1016, Conditional Zoning, to revise the requirement for a conditional use permit associated with an approved conditional zoning amendment. D. An application to amend the Comprehensive Plan of Isle of Wight County, Virginia through the addition of the proposed Carrollton Nike Park and Heritage Park Master Plans. E. An Ordinance to Amend and Reenact the Isle of Wight County Code by Enacting Chapter 14. Sewers and Sewage Disposal. Article XV. Use of Public Sewer System. Chairman Wright declared a recess in order for the Board to review the documents that were placed at its seats prior to the meeting. Chairman Wright advised that the Animal Control presentation, which was scheduled for this meeting, will be made at the Board's January 6, 2011 meeting. Chairman Wright advised that the presentation on the Young -Laine Courts Building, which was scheduled for this meeting, will be made at the Board's January 6, 2011 meeting at no cost to the applicant. Chairman Wright advised that the presentation on the Navy's proposal which was scheduled for this meeting will be made at the Board's January 6, 2011 meeting. Chairman Wright advised that a presentation on the featured small business in the County which was scheduled for this meeting will be made at the Board's January 6, 2011 meeting. Peter Andreu, Isle of Wight County Public Schools, updated the Board on the new locking devices (with outside cameras) that have been installed on the front door of each school facility in the County. Supervisor Clark requested that Mr. Andreu report back to the Board at its January 6, 2011 on prices for new inside cameras at the Windsor Middle School, which are not functioning properly at this time. Chairman Wright advised that a presentation on the Chesapeake Bay Total Maximum Dail Load regulations, which was scheduled for this meeting, will be made at the Board's January 6, 2011 meeting. Chairman Wright advised that Mr. Mike Stephens, the Isle of Wight County Fair Chairman Elect, will be introduced to the Board at its February 2011 meeting. 11 Chairman Wright called for consideration of the Consent Agenda. A. Request for Proposal (RFP) for Non - Professional Services: Real Property Assessment Services Resolution to Authorize the Solicitation of Proposals for Real Property Assessment within Isle of Wight County B. Request for Proposal (RFP) for Non - Professional Services: Environmental Consulting, Field Sampling and Analytical Services for the Closed Isle of Wight County Landfill Resolution to Authorize the Solicitation of Proposals for Environmental Consulting, Field Sampling and Analytical Services for the Closed Isle of Wight Landfill C. Virginia Department of Transportation Acceptance of New Secondary Road in Founders Pointe, Phase 2 Resolution of the Board of Supervisors of Isle of Wight County Requesting Addition of Certain Roads in Founders Pointe Subdivision Phase 2 into the Secondary System of State Highways D. Fiscal Year 2010 -11 Monthly Financial Reports for County and Schools E. Hot Dog Vendor Request F. Litter Pick Up G. Wetlands Board Resolution of Appreciation for Charles W. White H. Proposed Update to the County's 2003 Cash Proffer Study I. November 18, 2010 Regular Meeting Minutes Supervisor Casteen moved that Item (H), Proposed Update to the County's 2003 Cash Proffer Study, be removed and that the remaining items on the Consent Agenda be adopted. The motion was adopted by a vote of (5- 0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen inquired why staff did not request the Hampton Roads Planning District Commission to update the County's 2003 Cash Proffer Study and why is it being updated at this particular time. Beverly H. Walkup, Director of Planning and Zoning, advised that the Hampton Roads Planning District Commission (HRPDC) was contacted regarding updating the Study; however, the HRPDC had declined. She advised that transportation components have been added to the Study and there have been many questions regarding cash proffer amounts due to the current economy. Supervisor Casteen moved that Item (H), Proposed Update to the County's 2003 Cash Proffer Study be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 11 Chairman Wright called for Regional Reports. Lisa T. Perry, Director of Economic Development, reported that the Hampton Roads Economic Development Alliance had reviewed its marketing schedule and Strategic Plan for the upcoming year. She advised that the Alliance's annual luncheon and meeting is scheduled for January 13, 2011 and she requested that the Board advise her if they are interested in attending. Chairman Wright indicated that he would be attending. Chairman Wright moved that Supervisor Clark be appointed to replace Phillip Bradshaw on the Hampton Roads Economic Development Alliance. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark distributed a Hampton Roads Regional Benchmark Study, provided by the Hampton Roads Metropolitan Planning Organization, for the Board's perusal. He advised that projects were prioritized and adopted and there is still considerable discussion involving the issue of public /private partnerships. He advised that tolls are not the proper way to move forward and the entire state should bear some of the responsibility in transportation needs in this area. County Administrator Caskey reported that the Southeastern Public Service Authority Board of Directors had adopted a reduced tipping fee, effective January 1, 2011, and will be reduced from $150 per ton to $145 per ton, which will save the County approximately $45,000 for the remainder of the fiscal year. Supervisor Clark reported that the Western Tidewater Water Authority had discussed whether or not new wells would adversely affect neighboring wells in the area, as well as the size of the pipeline for Isle of Wight. Chairman Wright commented that the Authority will be conducting its retreat in February of 2011 at which time the new officers will be elected. He advised that the pipeline from Route 460 will be increased from 16" to 20" which will provide 1.5 to 2 (two) millions additional gallons of water per day. Chairman Wright called for Transportation Matters. Eddie P. Wrightson, Director of General Services, advised that VDOT has determined that posting of seven (7) "Share the Road" signs outside the Smithfield Town limits is warranted at an estimated cost of installation of $5,000. He advised that VDOT is still reviewing data to determine if a speed limit reduction on Mill Swamp Road is warranted. Supervisor Bunch requested Mr. Wrightson to have the bottom rung of the bridge rail checked at Darden's Swamp Bridge. Chairman Wright called for Citizens Comments. Albert Burckard of Carrollton distributed a County- published document and addressed the Board regarding the proposed Master Plan for Nike Park and the elimination of the buildings which give Nike Park its name. He requested that the historic structures be preserved and used for appropriate activities. Daryl Butler of Hunt Club Road spoke in opposition to the Navy using the Franklin Airport for touch and go Iandings. He noted that the recent fly over by the Navy had not been a fair representation of what it will be like during touch and go exercises. Joe Joyner of 31334 Walters Highway spoke in opposition to the Navy using the Franklin Airport for touch and go landings. Chairman Wright called for any Board comments. Supervisor Clark commented that the Navy was not initially aware that the Franklin Airport is located in Isle of Wight County, but owned by the City of Franklin. He stated that the Board adopted a Resolution in opposition to the Navy using that airfield and that it is now time to listen to what the Navy has to say. Chairman Wright called for the County Attorney's report. Interim County Attorney Burton requested authorization to sign a tax refund to the Carisbrooke Community Association, Inc. in the amount of $2,693.60, which has been reviewed by the appropriate County officials and is recommended by the Commissioner of the Revenue. Supervisor Clark moved that Interim County Attorney Burton be authorized to sign the request approving the refund to the Carisbrooke Community Association, Inc. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton notified the Board that Chairman Wright has requested a proposed change to the Board's Rules of Procedure that all votes are to be by roll call vote in 2011 and that he has incorporated such language in the Bylaws to reflect that change. He advised that the Board will adopt its Rules of Procedure and any proposed changes at its organizational meeting of January 6, 2011. 6 Interim County Attorney Burton presented a request to extend the existing Franchise Agreement with Charter Communications VI, LLC until June 30, 2011 to allow the County and Charter additional time to continue negotiations regarding the funding of the County's Public, Educational and Governmental (PEG) channel and for Charter to conduct a comprehensive third -party ascertainment survey to independently identify the future cable - related, economically sound needs of the County. He advised that he is hopeful that this matter can be concluded after the first of the year. Supervisor Clark moved that the Chairman be authorized to execute the Franchise Extension Agreement on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a Right -of -Way Agreement between Isle of Wight County and Virginia Electric and Power Company to provide electric service to the County's Animal shelter. Supervisor Casteen moved that the Chairman be authorized to sign the Right -of -Way Agreement. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had four (4) items to discuss with the Board members later during the closed meeting. Chairman Wright called for the Community Development report. There was no report offered. Chairman Wright called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, presented a request from the Smithfield Soccer Club for a reduction in the field rental fees at Nike Park for the Board's consideration. Supervisor Clark moved that the request be approved for a reduction in the field rental fees at Nike Park from $1,450 to $250 for the purpose of raising money for Relay for Life. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Responsive to comments offered by Albert Burckard under Citizens Comments, Supervisor Clark moved that staff be directed to renew its efforts to locate a Nike missile for placement at Nike Park. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for the General Services report. Frank Haltom, Assistant Director of General Services, addressed the Board regarding the Chesapeake Bay Total Maximum Daily Load regulations. He stated that a 1999 Federal Consent Decree requires that the U.S. Environmental Protection Agency (EPA) establish by 2011 a Total Maximum Daily Load (TMDL) for the Chesapeake Bay because water quality remains impaired in the estuary. He advised that the EPA is scheduled to release the TMDL by the end of December 2010 and, in early 2011, the Virginia Department of Conservation and Recreation (DCR) will assign maximum pollution loadings to localities which must respond by the end of 2011 with a plan to reduce pollution and will be held accountable to milestones that must be reported to the EPA every two (2) years until 2025. He advised that initial funding for development of the County TMDL plan has been requested in the FY 2012 -2016 Capital Budget to fund the planning and strategy process and to document and credit existing practices. He noted that additional funding in the future will be needed to implement the TMDL initiatives. He advised that staff would like to implement its own plan geared towards the County. Supervisor Clark advised that the Hampton Roads Planning District Commission received a briefing at its last meeting on the impact of the TMDL legislation, which is very costly and puts the cost to clean up the Bay on the citizens of Hampton Roads. He requested that staff schedule another presentation at the Board's January 6, 2011 meeting. Mr. Haltom advised that the County's Utility Department has completed the improvements on the Phase I of the Carisbrooke water system upgrades, which included Phase 1 of the two (2) phased project, including replacement of water meters, meter boxes and service connections and that installation of additional fire hydrants and water valves was completed in September 2010. He advised that staff is now requesting authorization to begin Phase II of the project to make a connection to the existing water line along Whippingham Parkway creating a looped system and increasing fire flow and water service reliability to the Carisbrooke Subdivision and residents. Supervisor Clark moved that staff be authorized to advertise the project for competitive bidding. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 8 Mr. Wrightson addressed the issue of the Young -Laine Courts Building, specifically Change Order No. 7 for the Kenbridge Construction and Contract Amendment No. 7 with Moseley Architects. He presented a Resolution to Authorize Change Order Number 7 to the Kenbridge Construction Company's contract for the construction of the Young -Laine Courts Building for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO AUTHORIZE CHANGE ORDER NUMBER 7 TO THE KENBRIDGE CONSTRUCTION COMPANY'S CONTRACT FOR THE CONSTRUCTION OF THE YOUNG -LAINE COURTS BUILDING WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board ") have entered into a contract with Kenbridge Construction Company for construction of the Young -Laine Courts building; and WHEREAS, Powell Management the Project Manager and Moseley Architects the design architect have presented change order number 7 to the construction contract with Kenbridge; and WHEREAS, the approval of change order number 7 will result in a net contract increase of $34,866; and WHEREAS, change order number 7 has been reviewed by and recommended for approval by both Moseley Architects and Powell Management. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the County Administrator is authorized to approve change order number 7 resulting in an increase to the total contract costs in the amount of thirty four thousand eight hundred and sixty -six dollars ($34,866.00). The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wright presented a Resolution to Authorize Contract Amendment Number 7 to Moseley Architect's Contract for the Design Services of the Young -Laine Courts Building for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: 9 RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NUMBER 7 TO MOSELEY ARCHITECT'S CONTRACT FOR THE DESIGN SERVICES OF THE YOUNG -LAINE COURTS BUILDING WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia (the "Board ") have entered into a contract with Moseley Architects for design of the Young -Laine Courts building; and WHEREAS, Powell Management the Project Manager has presented contract amendment number 7 to the design contract with Moseley Architects; and WHEREAS, the approval of contract amendment number 7 will result in a net contract increase of $14,308.00; and WHEREAS, contract amendment number 7 has been reviewed by and recommended for approval by Powell Management. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the County Administrator is authorized to approve contract amendment number 7 resulting in an increase to the total contract costs in the amount of fourteen thousand three hundred and eight dollars ($14,308.00). The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson advised that negotiations on Amendment No. 1 to the Animal Shelter construction contract have not been concluded on the contract amendment and no Board action is required at this time. Chairman Wright called for the Emergency Services report. The matter of the USGS Streamflow Monitor was deferred until the Board's January 6, 2011 meeting. The request for paramedics was deferred to the Board's January 6, 2011 meeting. Consideration of a Resolution to Appropriate Funds from the Unappropriated Fund Balance for Volunteer Fire and Rescue Training was deferred until the Board's January 6, 2011 meeting. 10 County Administrator Caskey presented a Resolution to Appropriate Funds from the Unappropriated Fund Balance for the Carrollton Volunteer Fire Department to Purchase a Brush Truck for the Board's consideration. Supervisor Clark moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR THE CARROLLTON VOLUNTEER FIRE DEPARTMENT TO PURCHASE A BRUSH TRUCK WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved funding for the Carrollton Volunteer Fire Department to purchase a brush truck; and, WHEREAS, funds in the amount of one hundred thousand dollars ($100,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the FY 2010 -11 General Operating and Capital 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 thousand dollars ($100,000) from the Unappropriated Fund Balance of the General Fund be appropriated to the FY 2010 -11 General Operating and Capital Budget of the County of Isle of Wight, Virginia. 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 Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Consideration of a Resolution to Appropriate Funds from the Capital Designated Fund Balance for the Renovations to the Isle of Wight Volunteer Rescue Squad Building was deferred until the Board's January 6, 2011 meeting. Chairman Wright called for the County Administrator's report. Judy Wells, Treasurer, requested authorization to hire one (1) part -time position and one (1) full -time position, which would be effective January 3, 2011. Supervisor Casteen moved that the request to hire one (1) part -time Utilities Accounting Technician, which has been vacant for a period of 90 days, be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that the request to hire one (1) full -time Deputy Clerk I on January 3, 2011 be placed on the Board's January 6, 2011 agenda for consideration. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the matter of participation in the ORION radio system be deferred until the Board's January 6, 2011 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Appointments. Supervisor Casteen moved that Norma Odom Leonard be appointed as an At -large member on the Redistricting Committee for 2010 Census. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Chairman Wright be appointed as the Board representative on the Agricultural /Forestal District Advisory Council replacing Phillip Bradshaw. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright moved that Supervisor Bunch be appointed to replace Phillip Bradshaw as the alternate on the Hampton Roads Transportation Planning Organization. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Supervisor Hall be appointed as the ex- officio member on the Small Business Committee replacing Phillip Bradshaw. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright moved that Supervisor Casteen be appointed as the Board's local government official on the Comprehensive Services Act 12 replacing Phillip Bradshaw on the Comprehensive Services Act. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Wright called for Old Business. Resolution to Reappropriate the Isle of Wight County Schools State Carry Forward Funds Related to Unspent Funds Interim County Attorney Burton requested the Clerk to change the paragraph beginning with "Now, Therefore.." from 22 -1 -100 to 22.1.100. Phillip A. Bradshaw, Chief Financial Officer, Schools, clarified that the carryover request is for State funds, which can only be utilized by the School system and not by the County. He advised that if the Resolution is not adopted, the funds will have to be returned to the State. Supervisor Clark moved that the following revised Resolution be adopted: RESOLUTION TO REAPPORPRIATE THE ISLE OF WIGHT COUNTY SCHOOLS STATE CARRY FORWARD FUNDS RELATED TO UNSPENT FUNDS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia authorizes the State to carry forward funds related to unspent funds totaling $1,006,487 (one million, six thousand, four hundred eighty- seven dollars) of the Isle of Wight County Schools be reappropriated to the School Board's budget for Fiscal Year 2010 -11. Also, should any funds for transportation be used to purchase new school buses, the Isle of Wight County Schools will donate those buses designated for auction to Isle of Wight County Department of Parks and Recreation; and, WHEREAS, Section 22.1 - 100, Chapter 872, 2010, Code of Virginia, Acts of Assembly states "any locality that has met its required local effort for the Standards of Quality accounts for fiscal year 2010 or that has met its required local match for incentive or Lottery - funded programs in which the locality elected to participate in fiscal year 2010 may carry over into fiscal year 2011 any remaining state fund balances available to help minimize any fiscal year 2011 revenue adjustments that may occur in state funding to that locality ". NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, pursuant to Code of Virginia Section 22.1.100, Chapter 872, authorizes 13 the State carry forward funds shall be reappropriated to the School Board's budget for fiscal year 2011. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark requested that the Board be apprised as items become inoperable in all school facilities, such as the non - working cameras in the Windsor Middle School and the showers at the Smithfield High School, and that a long -term maintenance plan be developed and shared with the Board. Phillip Bradshaw, Chief Financial Officer, Schools, advised that Mr. Andreu is in the process of developing a short -term, long -term facilities maintenance program to be shared with the Board's Budget and Finance Committee and the Board. Chairman Wright called for New Business. Resolution to Appropriate Funds from the Undesignated Fund Balance for Carpet Removal /Tile Installation at Several Public School Facilities Supervisor Bunch moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE FUNDS FROM THE UNAPPROPRIATED FUND BALANCE FOR CARPET REMOVAL /TILE INSTALLATION AT SEVERAL PUBLIC SCHOOL FACILITIES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has approved funding for the Isle of Wight County Public Schools to remove carpet and install floor tile in critical class rooms; and, WHEREAS, funds in the amount of two hundred twenty -five thousand dollars ($225,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the appropriate line item in the budget for Isle of Wight County Public Schools. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that two hundred twenty-five thousand dollars ($225,000) need to be appropriated from the Unappropriated Fund Balance of the General Fund to the appropriate line item in the budget for Isle of Wight County Public Schools. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate 14 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 Bunch, Casteen, Clark, Hall and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Freedom of Information Act for consultation with legal counsel requiring the provision of legal advice pertaining to a zoning application; pursuant to Section 2.2- 3711.A.7 for consultation with legal counsel requiring the provision of legal advice pertaining to Crown Cassell Communication Tower; pursuant to Section 2.2- 3711.A.6 concerning discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected; and, pursuant to Section 2.2- 3711.A.1 concerning discussion of a personnel matter pertaining to a specific public official. Supervisor Casteen moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Clark, Casteen, Hall and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Clark moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bunch, Clark, Casteen, Hall and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Wright moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification 15 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: Bunch, Casteen, Clark, Hall and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 11 At 7:30 p.m., Supervisor Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors Bunch, Clark, Casteen, Hall and Wright voting in favor of the motion, and no Supervisors voting against the motion. Carey Milis Storm, Clerk 16