Loading...
01-19-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND TWELVE PRESENT: Alan E. Casteen, Chairman JoAnn W. Hall, Vice - Chairman Rex W. Alphin Byron B. Bailey Delores M. Darden Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk // // Chairman Casteen called the meeting to order at 5:00 p.m. Supervisor Bailey delivered the invocation. The Pledge of Allegiance was conducted. Chairman Casteen called for Approval of the Agenda. County Attorney Popovich requested the following revisions to the agenda: Under the County Attorney's report, add authorization for a public hearing at the Board's February 16, 2012 meeting to advertise an Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 7. Fire Protection. Article I. In General, Section 7 -1.2 Emergency Ambulance Transportation Service Fees; under Old Business, add discussion regarding the Isle of Wight Volunteer Rescue Squad; under Old Business, add discussion regarding the Fire and Rescue Fund payments and utilities for the Smithfield Volunteer Fire Department; under Economic Development, remove the Board Report requesting funding for the Northern Development Service District Corridor Improvement Grant Program; and, under New Business, add consideration of a potential Budget and Finance Board meeting. Supervisor Hall moved that the Agenda be approved as amended by County Attorney Popovich. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Special Presentations /Appearances. Jan Pollard, Director of Secondary Education, addressed the Board regarding duel credit programs offered at the County's two (2) high schools. Albert Burckard and Pinky Hipp, members of the Boykin's Tavern Museum Advisory Committee, requested funding in the amount of $500 to rent The Smithfield Center for an upcoming Flower Symposium event. Chairman Casteen moved that the request be added as an item for consideration under New Business. The motion was adopted by a vote of (5- 0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for consideration of the Consent Agenda. A. Donation Received from the Camp Foundation Resolution to Accept and Appropriate a Donation from the Camp Foundation B. Board of Supervisors' Orientation Sessions C. Board of Zoning Appeals 2011 Annual Report D. Biosolids Program in Isle of Wight County Supervisor Alphin moved that the Consent Agenda be adopted as presented. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen called for Regional Reports. Chairman Casteen reported that John Wettstein, Green Mountain Coffee Roasters, had addressed the Hampton Roads Economic Development Alliance at its most recent meeting and had spoken very highly of the County. Supervisor Darden reported that the Hampton Roads Transportation Planning Organization had discussed long -range plans through year 2034. She advised that the Navy had reported on its transportation priorities which are Patriot's Crossing, the Hampton Roads Bridge Tunnel and I -264 and I -64 2 to Birdneck Road. She advised that Route 460 was not listed as a priority as that project is already considered to be underway. Supervisor Darden reported that the Hampton Roads Planning District Commission had received a regional forecast indicating that a housing slump continues to cause problems in the region. She advised that an update on the Chesapeake Bay, as it relates to TMDL's, had been adopted. County Attorney Popovich reported that only routine matters had been discussed at the most recent Social Services Board meeting. Supervisor Hall reported that the Western Tidewater Regional Jail is working in conjunction with Smithfield Foods with regard to a work release program to provide second -shift labor at the packing plant. She advised that a tour of the plant for the Jail Board members will be taken next week. // Chairman Casteen called for Transportation Matters. Responsive to Supervisor Darden's inquiry for a status report on the Poor House Road project, Eddie P. Wrightson, Director of General Services, advised that the road is scheduled for paving this Spring. // A dog currently available for adoption at the County's animal shelter was displayed. Chairman Casteen called for Citizens Comments. Edmond Easter, 12224 Hideaway Lane, Carrollton, spoke regarding the Green Mountain Coffee Roasters contract awarded to the County. He stated this contract was up against significant competition as four (4) states were involved and fifty (50) different sites considered. He stated the County was awarded the contract because of its intermodal park being in place and ready for development. He encouraged the Board to continue to support the intermodal park. Tom Gaskell, Dodge Lane, Zuni, addressed the Board regarding the County's 25% tax increase, due in large part to the approval of the new Windsor Middle School facility. He recommended that the funds be returned to the State or repurposed and the County's tax rate restored. He further recommended moving sixth graders to the Windsor and Carrsville Elementary Schools and moving seventh and eighth graders to Windsor High 3 School. He encouraged the Board to work cooperatively with the School Board. // Chairman Casteen called for comments from the Board. No Board comments were offered. Chairman Casteen called for the County Attorney's report. County Attorney Popovich presented correspondence received by his office from J. W. Jones, Jr., President and Donna N. Jones, Secretary of Jones Farms Inc., to lease the Griffin property for the Board's consideration. Supervisor Darden moved that the request of Jones Farm to lease the Griffin property (Tax Map #54- 01 -070A) for the year 2012 at a price of $40 per acre for cultivation, the total number of acres being 65 acres, be approved. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich requested authorization for a public hearing to convey the Griffin property to the Isle of Wight County Industrial Development Authority. Supervisor Darden moved to authorize the County Attorney's office to advertise for public hearing the conveyance of the Griffin property to the Isle of Wight County Industrial Development Authority at the Board's meeting of February 16, 2012. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich requested the Board's consideration of an Intergovernmental Agreement between Isle of Wight County and the Virginia Department of Agriculture and Consumer Services. Supervisor Darden moved to authorize the County Administrator to execute the Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and Isle of Wight County for the conveyance of $110,952.46 from State funds to the County for the PACE Program. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. 11 County Attorney Popovich presented an Animal Control Memorandum of Understanding between the County and the Sheriff to transfer all operational control of the Animal Control Department to the Sheriff. Supervisor Bailey moved to approve the Animal Control Memorandum of Understanding transferring all operational control of the Animal Control Department to the Sheriff. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich requested authorization to advertise an Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 7. Fire Protection. Article I. In General, Section 7 -1.2 Emergency Ambulance Transportation Service Fees for public hearing at the Board's February 16, 2012 meeting. Supervisor Alphin moved to authorize the County Attorney's office to advertise An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 7. Fire Protection. Article I. In General, Section 7 -12 Emergency Ambulance Transportation Service Fees for a public hearing at the Board's February 16, 2012 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich advised that he had four (4) closed meeting items to discuss with the Board later during the closed meeting. H Chairman Casteen called for the Community Development report. Matt Smolnik, Assistant Director of Planning and Zoning, advised in an effort to make the Zoning Ordinance more business friendly, the Small Business Committee (SBC) has recommended a series of amendments to Section 9 -1004, Temporary Signs, which was approved by the Board on June 16, 2011. He advised that at the time of the initial approval of the temporary sign amendment, the Board had included a 90 -day grace period for the implementation of the civil fines, which was later extended and expired on January 1, 2012. He requested direction from the Board, which now has three (3) new members, before proceeding with possible civil action against business owners who are in violation of the County Code regulations for the display of temporary signage. He requested the Board provide direction as to whether or not it supports the temporary sign amendment and implementation of civil fines as previously approved. He advised that there are a series of amendments that will require a public hearing by the Planning Commission and Board and that staff suggests that the minor adjustments to the Zoning 5 Ordinance pertaining to the awards banners be included in conjunction with the setback amendments. Supervisor Bailey recommended a grace period and that businesses be allowed to leave the sign out for 30 days if they want to take it in every night and put it back out the next day. He stated that he will contact business owners who have signs out at their businesses and request their input. Supervisor Alphin suggested that the Board return the matter to the Planning Commission with guidelines to restructure it to a more business friendly approach with a grace period. Supervisor Hall suggested that it also be returned to the Small Business Committee. Responsive to Chairman Casteen, Supervisors Bailey and Hall agreed to serve as the Ex- Officio members representing the Board on the Small Business Committee. Chairman Casteen moved to extend the grace period on the sign ordinance for ninety (90) days. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen further moved that staff be directed to return this item to the Small Business Committee for further consideration. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for the Parks and Recreation report. Mark W. Furlo, Director of Parks and Recreation, presented a request from Milt Cummings, Vice - President, Smithfield Soccer Club, to waive or reduce the field rental fees at Nike Park to allow the Club to hold a Soccer tournament for the purpose of raising funds for Relay for Life. He advised that the Club's fees were reduced by the Board last year from $1,430 to $250, which covered the cost of supplies and salaries incurred by Parks and Recreation to host the tournament. He advised that depending on the registration for the tournament this year and the exact number of fields needed, staff is anticipating the Club's rental fee to be $700. Supervisor Bailey moved to retain the fees at $250. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. 0 Mr. Furlo addressed the Master Plan Committees for Nike and Heritage Parks stating that the Board, at its July 7, 2011 meeting had appointed two (2) committees to prioritize the amenities in the Master Plans for Nike Park and Heritage Park. He advised that the list produced by the two (2) groups will be used by staff to program the Parks and Recreational Capital Improvement Plan. He advised that the Heritage Park Committee had reviewed the facilities with revenue generating potential, the amphitheater and multi - purpose building. He advised that the Nike Park Committee had reviewed projects that could enhance current programming, which included expansion to the parking for the soccer fields and making improvements to the skateboard park. He requested that the members of both Committees be recognized by the Board for their service to the County. Gina Ippolito, Nike Park Committee member, addressed the Board regarding safety issues associated with the parking at Nike Park due to the tremendous growth of the soccer program. She requested the Board to consider the proposed expansion plan recommended by the Nike Park Committee. Mr. Furlo distributed a sponsorship book associated with the 2012 Isle of Wight County for the Board's information and use in distributing to local businesses. He acknowledged and thanked the sponsors for their donations. Chairman Casteen commented on the need for restrooms at the Amphitheatre at Heritage Park for use by the general public. Mr. Furlo advised that a decision on whether or not there will be restrooms for the general public will be addressed during the design process. He advised that he envisions a restroom for the general public in the multi- purpose building, such as the one at the State Fair. Chairman Casteen called for the General Services report. Eddie P. Wrightson, Director of General Services, addressed the Board regarding water system connection charges at Ashby, Brewers Creek, Carrollton Forrest, Quail Meadows and Cedar Grove subdivisions, which will be connected to the Western Tidewater Water Authority water source and represent 301 new customers. He advised that the County most recently purchased the private water systems that serve Rushmere Shores, Poplar Harbor, Ballards Creek and the old Murphy's Trailer Park, which will remain on private wells and which represent an additional 100 new customers. He advised that the County Code requires an assessment of a connection fee of $4,000 for new residential customers to offset the cost of the County's investment in securing water sources and constructing infrastructure. He recommended a connection charge not be assessed for those systems that will 7 remain on private wells and a reduced connection charge be assessed for those systems which will be connected to the Western Tidewater Water Authority water source. He advised that the total cost to connect Ashby, Brewers Creek, Carrollton Forrest, Quail Meadows and Cedar Grove subdivisions to the County's system was $64,722, equating to a $215 connection charge per customer. He advised that in the past, these customers have been without water and the Authority has a generator which operates the entire plant. He advised that the water is also tested daily. He stated the quality and responsiveness of Public Utilities staff to water issues will be greatly enhanced and the fire hydrants, which did not work previously, will now work which may allow a customer to enjoy a better rate on their homeowners' insurance. Supervisor Darden moved to authorize the assessment of a $215 connection charge to the new County water customers in Ashby, Brewers Creek, Edgewood, Quail Meadows and Cedar Grove subdivisions. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson informed the Board that unprecedented operational problems associated with the capacity limits of the Windsor Vacuum Sewer Pump Station and transmission lines are occurring and the Department of General Services has stopped allowing new connections or increased flow to the sewer system until such time as improvements to the system can be implemented. He advised that the Schools have discovered that the existing Windsor Middle School was only partially connected to the Windsor vacuum system. He advised that the flow from the new Windsor Middle School is anticipated to be greater than that from the existing school facility and the HCP, VA convalescence facility on Route 258 is also connected to the system and contributes a significant amount of flow. He advised that the long -range plan is to build a pump station and pump sewer from the convalescence center to the Hampton Roads Sanitation District force main on Route 460. He stated that Schools' staff believe a pump station and force main can be incorporated for the school sewer flow into their new middle school budget and, they are agreeable, if funds are available, to construct the larger station that will also accept flow from the convalescence facility. He stated that the larger station is the preferred approach as it will free up capacity for additional development in Windsor. He advised that School officials are requesting a commitment from the Board that if it proceeds with the larger station and it causes them to exceed their budget on the project, that the County will contribute its fair share of the cost for the larger pump station. He stated if the total project bids are within the School's budget, no contribution for the larger station will be necessary. He advised that the County's Director of Budget and Finance and the School's Chief Operating Officer are looking for sources for the needed funds and a possibility is from the School's bond money, which is currently drawing interest and which may be sufficient to cover the cost of the project. He advised that the pumping station is not designed yet, however, staff believes that it will cost approximately $1 million dollars, of which the School's share will be $500,000 and the County's $500,000. He stated it is believed that the County's portion can be covered out of the School's $23.5 million budget. Mr. Terry advised that the Schools have a budget with the bonds and they believe they can do what they need to do. He stated with respect to the cost of the pumping station, staff believes that there should be sufficient interest over the course of the project to cover the cost of the pumping station. Phillip A. Bradshaw briefed the Board regarding the history of the Windsor vacuum system which initially had grey water and not solid waste hooked up. He stated that he anticipates the Schools being able to cover the cost of the project from interest earned on the bond. He stated that he will keep the Board updated as this project moves along. Supervisor Alphin moved to authorize approval of the County's cost share, should it be necessary, so that school officials may proceed with design and construction of a pump station and force main that will serve both the new middle school and the convalescence center. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Mr. Wrightson notified the Board of the new Courts Building Silver LEED certification. Chairman Casteen moved that staff be authorized to purchase a plaque in the amount of $500 for display in the Courts building acknowledging the Silver LEED certification. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. %I Chairman Casteen declared a break. H The Board returned to open session and Chairman Casteen called for the County Administrator's report. County Administrator Caskey presented a Resolution to Appropriate Funds for Construction and Renovation Improvements for Windsor Middle School for the Board's consideration. Supervisor Hall moved to adopt the following Resolution: 0 RESOLUTION TO APPROPRIATE FUNDS FOR CONSTRUCTION AND RENOVATION IMPROVEMENTS FOR WINDSOR MIDDLE SCHOOL WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized funding for the construction and renovation improvements of the Windsor Middle School; and, WHEREAS, funds in the amount of seven million, five hundred thousand dollars ($7,500,000) has been received through "Local School Bonds ". NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia authorizes the appropriation of funds in the amount of seven million, five hundred thousand dollars ($7,500,000) received for the specific purpose of construction and renovation improvements to Windsor Middle School. BE IT FURTHER RESOLVED that the County Administrator of the County of the Isle of Wight, Virginia is authorized to make the appropriate accounting and budget adjustment and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Diane Jones, Emergency Communications Center Director, requested authorization to hire two (2) full -time Dispatchers to replace two (2) Dispatchers who are no longer employed with that department. Chairman Casteen moved to authorize the Emergency Communications Center Director to advertise and fill two (2) full -time Dispatcher positions without waiting the ninety (90) days to post the vacancies. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. County Administrator Caskey requested the Board's consideration of a date and location for the Board's Retreat. Chairman Casteen moved that the Board's Retreat be conducted on February 24, 2012 from 9:00 a.m. until 5:00 p.m. at Nike Park or at The Smithfield Center. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. 10 Mr. Robertson briefed the Board regarding House Bill 185 which proposes to take revenues away from local government and House Bill 166 dealing with zoning matters. He stated that local governments will struggle protecting itself this year against harmful legislation that may diminish the County's ability to raise revenues or diminish its authority relative to land use issues. He stated included in the Board's agenda is a request from a citizen that the County ask the General Assembly to allow individuals with medical difficulties resulting in catastrophic costs in the amount of $20,000 upwards to be exempted from their real estate taxes. Chairman Casteen recommended amending the ordinance section which currently allows for an exemption or deferral for the elderly or handicapped to include a third provision for catastrophic medical costs in excess of $20,000. Mr. Robertson recommended that the Board wait until next year and allow staff to study the language which creates the most issue and needs revision. Mr. Robertson was directed to proceed with discussing this issue with VACo for the Board's consideration next year. H Chairman Casteen called for Appointments. Chairman Casteen moved that Joe Giltner be reappointed to represent the Smithfield District on the Bicycle & Pedestrian Facilities Committee. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Connie Henderson be appointed to fill the unexpired term of Mary Frances Briley representing the Newport District on the Blackwater Regional Library Board. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved that Lars Gordon be reappointed to represent the Smithfield District on the Planning Commission The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that James Brown be reappointed to represent the Hardy District on the Planning Commission Development Review Committee. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. 11 Chairman Casteen moved that Lars Gordan be reappointed to represent the Smithfield District on the Planning Commission Development Review Committee. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved that James Wesley Brown be reappointed to represent the Smithfield District on the Wetlands Board. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. H Chairman Casteen called for Old Business. Supervisor Bailey moved that staff be directed to provide the Board with a list of all properties that are owned by the County, but not currently obligated in some manner. Such list is to include a tax map number, how much the County paid for the property and how much they are currently valued. Industrial Development Authority property is to be included in such list. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen inquired about the architectural plans designed for the Smithfield Volunteer Fire Department building and whether or not they could be used for the Isle of Wight Rescue Squad. County Attorney Popovich advised the Board that Chairman Casteen had inquired about determining ownership of the architectural plans for the Smithfield Volunteer Fire Department. He stated that he has reviewed the contracts for the Smithfield Volunteer Fire Department and Rescue Squad and both include provisions that at the end of the contract ownership of the plans become the County's. He stated if the plans are used after the architect has been dismissed from the project, there are standard provisions that release the architect from any obligations should something happen and the County would then incur any liability for any structural failures. Mr. Wrightson inquired if the building size, shape and layout of the Smithfield Volunteer Fire Department are what the Isle of Wight Rescue needs. He stated that while there may be some cost savings to the County, he would say that it would be substantial. He recommended developing a budget for comparison to the funding allocated for this project. 12 Mr. Terry offered to provide a full financial accounting to the Board at its February 16, 2012 meeting relative to how much has been set aside for the proposed rescue squad facility. Mr. Terry distributed information pertaining to the Fire and Rescue Fund payments and utilities for the Smithfield Volunteer Fire Department. Chairman Casteen moved to authorize payment in the amount of $10,700 to the Smithfield Volunteer Fire Department that was presented at the Board's September 1, 2011 meeting, either from the appropriate construction line item, if available, or the Unassigned Fund Balance. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. // Chairman Casteen called for New Business. Supervisor Darden moved that the Board's regular scheduled meeting of February 16, 2012 be changed to 4:00 p.m. for the purpose of conducting a budget meeting prior to the regular meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved to appropriate $500 to the Boykin's Tavern Advisory Committee for the rental of The Smithfield Center. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that staff be directed to proceed with the appropriate action to have the surplus vehicles and equipment located near the animal shelter removed. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. // County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711A.1 of the Freedom of Information Act regarding a personnel matter pertaining to a specific public employee; pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to SPSA; pursuant to Section 2.2- 3711.A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to a boundary line adjustment; and, pursuant to Section 2.2- 3711A.7 regarding consultation with legal counsel requiring the provision of legal advice pertaining to actual and /or probable litigation. 13 Supervisor Hall moved that the Board enter the closed meeting for the reasons stated by County Attorney Popovich. Supervisor Hall moved that the Board return to open meeting. Chairman Casteen moved that the Board adopt the following resolution: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.1) 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. V nTF AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 H There was no action taken following the closed meeting. 14 At 9:30 p.m., Supervisor Hall moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and no Supervisors voting against the motion. �7 4JMnL, Carey NMIs §tor , Clerk 15 Alan E. Casteen, Chairman