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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, 2 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 3