08-27-2013 Special MeetingSPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTY- SEVENTH DAY OF AUGUST IN
THE YEAR TWO THOUSAND AND THIRTEEN AT 10:30 A.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman, Hardy District
Byron B. Bailey, Vice - Chairman, Newport District
Rex W. Alphin, Carrsville District
Delores M. Darden, Windsor District
Alan E. Casteen, Smithfield District
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
At 10:30 a.m., Chairman Hall called the meeting to order for the purpose of
discussing a seven (7) member redistricting plan for the County.
County Attorney Popovich recapped State and Federal legal requirements
concerning the authority of local governing bodies to redistrict outside of the
ten (10) year census. He advised that he has requested an informal opinion
from the Attorney General and he will forward a copy of his response to the
Board when received. He stated the goal is to have equal population in all of
the County's districts and deviation in any district should equal less than five
(5) percent. He advised that the effective date of any redistricting is
December 31" of the year in which the redistricting occurs. He advised that
current Board members would continue to serve their terms until they expire
and, if a Board member chose to run again, they would be running on the
new boundary lines for their particular district. He advised that the Board
would need to appoint an individual to represent any newly created district
until a special election could be held.
With respect to the issue of discriminatory effect, Supervisor Darden pointed
out that the previous argument was that the minority power was reduced on a
seven (7) member Board versus a five (5) member Board.
County Attorney Popovich stated that the argument for keeping the number
of districts at five (5) is that there is still a minority district. He cautioned the
Board to be prepared for the inevitable arguments that will arise as a result of
increasing the districts.
Supervisor Darden stated the most equitable distribution would be to increase
the number of districts in the County from five (5) to seven (7).
Chairman Hall expressed her concern that a resident in Carrsville might not
like being represented by someone who resides in Burwells Bay.
Pinky Hipp explained how the current five (5) districts were created by the
Redistricting Committee.
Florine Moore spoke in favor of the creation of a seven (7) district plan
which would allow for better County government and more representation
for residents who are more alike.
Thomas Finderson encouraged the Board to review the materials previously
submitted to the Redistricting Committee by the former County Attorney.
Donald Robertson commented that the Hardy District, at the time of the
election, had not been a majority /minority district. He stated subtle changes
in the lines can result in significant impacts on the percentages. He advised
that the Redistricting Committee had actually recommended two (2) plans
and that the adopted plan was actually a modified version of the five (5)
district plan.
Supervisor Darden commented that moving the Town of Windsor into the
Carrsville District might make the numbers more equitable.
County Attorney Popovich offered to research and report back to the Board
what can and cannot be done with respect to changing the current district
boundaries.
County Attorney Popovich requested a closed meeting pursuant to Section
2.2- 3711.A.7 of the Code of Virginia concerning consultation with legal
counsel requiring the provision of legal advice pertaining to the Benns
Church intersection.
Supervisor Darden moved that the Board enter the closed meeting for the
reasons stated by the County Attorney. The motion was adopted by a vote of
(5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that the Board return to open session. The motion
was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey,
Hall and Alphin voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Casteen 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,
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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.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
ADJOURNMENT
At 12:00 p.m., Chairman Hall declared the special meeting adjourned.
T
Q, yron B. Bailey, Chairmarf
V
arey Mi s Stor, , Clerk
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