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07-29-2002 Continued MeetingT. CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-NINTH DAY OF JULY IN THE YEAR TWO THOUSAND AND TWO PRESENT: Robert C. Claud, Sr., Chairman Richard K. MacManus, Vice Chairman Stan. D. Clark Phillip A. Bradshaw Henry. H. Bradby Also Attending: H. Woodrow Crook, Jr., County Attorney W. Douglas Caskey, Courity Administrator Donald T. Robertson, Assistant County Administrator/Director of Human Resources Carey H. Mills, Recording Secretary Chairman Claud called the continued meeting to order at 4:05 p.m // ~l County- Administrator Caskey presented a late item concerning the recent Board of Equalization nomination for the Newport District. He explained that the individual recently nominated to the Circuit Court for appointment was unable to serve due to the requirement in the Code of Virginia. that all appointees are to be land holders in the County. He stated the Board could either nominate another individual or proceed with the current four (4) members. Supervisor Clark moved the Board nominate Thomas Finderson for recommendation to the Circuit Court for appointment to represent the Newport District. The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. County Administrator Caskey .presented for Board endorsement a Resolution to Support Enabling Legislation for Counties to Impose a Cigarette Tax. He stated VACo would be asked to distribute the Resolution statewide. u Supervisor MacManus noted there were two. (2) typographical errors. that need correction in the title of the Resolution. Supervisor Bradshaw moved the Board adopt the following resolution, as corrected: RESOLUTION TO SUPPORT ENABLING LEGISLATION FOR COUNTIES TO IMPOSE A CIGARETTE TAX 1 eoo~ 21.a:; ~.~0 WHEREAS, counties within the Commonwealth of Virginia share many of the same responsibilities as cities relative to the provision of services to their respective constituencies; and, WHEREAS, the Code of Virginia provides for more diversification. in the types of local taxing authority afforded to cities and towns than .for counties; and, ' WHEREAS, one of the areas of taxing disparity .lies with the authority to impose local taxes on the sales of cigarettes; and, WHEREAS, equal. taxing authority relative to the imposition of a local tax on the sales of cigarettes would .have a significantly positive impact on counties throughout the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the Virginia Association of Counties request and strongly encourage the Virginia General Assembly to adopt enabling legislation to provide that all counties. may impose a local tax on the sales of cigarettes. The motion was adopted. with Supervisors MacManus, Bradby, Bradshaw, Clark and. Claud voting in favor of the motion (5-0) and no Supervisors voting against the motion. Chairman Claud requested the County Administrator prepare an appropriate letter for signature by the Chairman forwarding a copy of the Resolution to VACo and every elected county official in the State requesting their support and endorsement. Supervisor Bradshaw recommended that the Resolution also be sent to the Mayors and Chairs Caucus. // County Administrator Casket' requested a closed session under Section 2:2-371.1 Al of the Freedom of Information Act concerning a personnel matter and under Section 2.2-3711 AS concerning .three (3) economic development matters dealing .with siting and incentives for new and existing industry. Supervisor Clark moved the Board enter closed session for the reasons stated: The motion was adopted with .Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (5-0) and no .Supervisors voting against the motion. ii .. ., 2 ° a~ Upon returning to open session, Chairman Claud moved. the Board adopt the following resolution:. 1 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, 2,2-3712D 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 requirement. 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: MacManus, Bradby, Bradshaw, Clark and Claud NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The motion was adopted with Supervisors MacManus, Bradby, Bradshaw, Clark and Claud voting in favor of the motion (S-0) and no Supervisors voting against the motion. // ~i County Administrator Caskey reminded the Board of their joint meeting with the School Board scheduled for August 8, 2002 at 5:00 p.m. He advised the Board members that follow up information on cooperative opportunities . with School Administration staff is being develo ed and will be mailed to the P respective Boards as soon as available. He indicated this information. will provide greater detail on the progress which is being made on various shared work efforts. '~ County Administrator Caskey inquired if the Board of Supervisors " wishes to go forward with the joint meeting at this time if there are no pressing matters or concerns for discussion. 3 s 800h 21 ~A'~' ~~2 The Board agreed that although there were several matters which could serve as topics for discussion, there were no pressing .issues, and directed the County Administrator request the .Superintendent of .Schools to similarly poll the members of the School Board to determine if they felt a joint meeting was necessary at this time and to advise the Board accordingly. // At 6:15 p.m., Chairman Claud moved the Board adjourn its meeting. The motion was adopted unanimously (5-0). Robert.C. Claud, Sr., Chairman