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01-17-2019 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE SEVENTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND NINETEEN PRESENT: William M. McCarty, Newport District, Chairman Joel C. Acree, Windsor District, Vice -Chairman Don G. Rosie, II, Carrsville District Richard L. Grice, Smithfield District Rudolph Jefferson, Chairman, Hardy District ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman McCarty called the regular Board of Supervisors' meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA/AMENDMENTS Supervisor Jefferson moved that the agenda be adopted as presented. The motion was adopted unanimously (5-0). CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities and pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel pertaining to actual or probable litigation where such consultation or briefing in open would adversely affect the negotiating or litigating posture of the Board. Upon motion of Supervisor Jefferson and all voting in favor, the Board entered the closed meeting for the reasons stated by County Attorney Jones. Upon motion of Supervisor Acree and all voting in favor, the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain 1 confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor Jefferson, the following Resolution was 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 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: Acree, Rosie, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Pastor Kim Shivers delivered the invocation and led the Pledge of Allegiance to the American Flag of the United States of America. CITIZENS' COMMENTS David J. Dunn, President, Board of Directors, Lawnes Point on the James Property Owners' Association, presented a request on behalf of the Association to permanently close North and South Sycamore Drives to through traffic and that locked gates be constructed at entrance and exits of both Sycamore Drives with keys maintained in the office of the local fire station. County Administrator Keaton said he would investigate the matter and advise the Board on what needs to be done at its February 21, 2019 meeting. Herb DeGroft of Mill Swamp Road spoke about the reported $70,000 shortfall in the School's meals line item. He requested that the Board approve the Capital Improvement Plan and the School budget by line item and not in a lump sum amount. Ed Easter of Hideaway Lane spoke about the reported $70,000 shortage in the School's meals line item. He stated there are families with children in the County that need help and to deny those children lunches is not a solution to the problem. James McCarver of Dover Court in Wellington Estates notified the Board of a drainage problem in his yard which came about because of the County developing a nearby trail. County Administrator Keaton advised that the contractor is currently cleaning up the area and he offered to request from staff the status of the cleanup effort and advise Mr. McCarver accordingly. Supervisor Acree commented on the recently held public meeting for the proposed juvenile justice facility. He stated there is a misperception that the County is rushing the project and not hearing the concerns of the citizens. He encouraged the Board to slow the process down to allow citizens to get the facts and hear their concerns. Supervisor Jefferson defended County Administrator Keaton and stated that he only does what the Board directs him to do. He stated the Town of Windsor will receive the most benefits from the project in the form of jobs and money spent in the Town. Supervisor Grice emphasized the Board's transparency about this project and its merits. Chairman McCarty spoke about the importance of transparency and he welcomed suggestions in which the Board could be more transparent. CONSENT AGENDA A. Resolution to Authorize Award Acceptance and to Accept and Appropriate Funds received from the Commonwealth of Virginia Department of Criminal Justice Services ($23,096) and Transfer Funds from the Grant Fund Local Match to the 2019 V-STOP Grant ($7,699) to the Commonwealth Attorney's Office for Services to Women Victims of Crime and a Sexual Assault Response Team B. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for Repairs to Sheriff's Department Vehicle ($5,356) C. Resolution to Appropriate Animal Control Donations to the Grants Fund Animal Control Donations Account ($9,733) from Individuals and Organizations for the Care of Domestic Animals 3 D. Resolution to Appropriate Revenues from Unsolicited and Unbudgeted Donations from Local Citizens in the amount of $650 to the Family of Sergeant Ronald Lee Helus E. Minutes of September 20, 2018 Regular Meeting and October 4, 2018 Work Session Supervisor Grice moved that the Consent Agenda be adopted as presented. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Acree reported on items discussed at the most recent meeting of the Hampton Roads Technical Advisory Committee and the Hampton Roads Transportation Planning Organization involving potential tolls on the Hampton Roads Bridge Tunnel and the 1-64 high rise bridge expansion. Supervisor Jefferson reported on matters discussed at the most recent meeting of the Western Tidewater Regional Jail Board and encouraged the County's continued utilization of inmates. Supervisor Jefferson advised that Rusty Jordan has been hired as the new Social Services Director, Chairman McCarty requested County Administrator Keaton to keep the Board apprised of any restraints due to the shutdown of the Federal Government. County Administrator Keaton advised that a letter has been sent to the General Assembly requesting adoption of legislation to raise the Federal inmate cap from 76 to 120. APPOINTMENTS Supervisor Jefferson moved that W. Lee Duncan be reappointed to serve on the Historical Architectural Review Committee representing the Hardy District. The motion was adopted unanimously (5-0). Supervisor Jefferson moved that Evelyn McCullough be reappointed to serve on the Senior Services of Southeastern Virginia. The motion was adopted unanimously (5-0). Supervisor Jefferson moved that Herb DeGroft be reappointed to serve on the Senior Services of Southeastern Virginia. The motion was adopted unanimously (5-0)• 4 Supervisor Grice moved that Shirley McGee be reappointed to serve on the Commission on Aging representing the Smithfield District. The motion was adopted unanimously (5-0). Supervisor Grice moved that Cynthia Taylor be reappointed to serve on the Planning Commission representing the Smithfield District. The motion was adopted unanimously (5-0). Supervisor Rosie moved that Jennifer Boykins be appointed to serve on -the Planning Commission representing the Carrsville District. The motion was adopted unanimously (5-0). Chairman McCarty moved that Brenda Reynolds be reappointed to serve on the Commission on Aging representing the Newport District. The motion was adopted unanimously (5-0). Chairman McCarty moved that Joshua Goodin be appointed to serve on the Board of Building Appeals replacing David Bugin and representing the Newport District. The motion was adopted unanimously (5-0). Chairman McCarty moved that Rudolph Jefferson be reappointed to serve on the Social Services Board as the Board's representative. The motion was adopted unanimously (5-0). COUNTY ATTORNEY'S REPORT Responsive to action taken by the Board at its January 3, 2019 organizational meeting to adopt an Invocation Policy for its meetings, County Attorney Jones presented a Resolution to Adopt a Policy for Opening Invocations for Appointed Authorities, Boards, Commissions and Committees for the Board's consideration. Supervisor Grice moved that the following Resolution be adopted which was adopted by a vote of (4-1) with Supervisors Acree, Grice, Jefferson and McCarty voting in favor of the motion and Supervisor Rosie voting against the motion: RESOLUTION TO ADOPT A POLICY FOR OPENING INVOCATIONS FOR APPOINTED AUTHORITIES, BOARDS, COMMISSIONS AND COMMITTEES WHEREAS, legislative prayer, such as an opening invocation at a legislative meeting, has ldng been understood as compatible with the Establishment Clause of the U.S. Constitution; and, WHEREAS, such an invocation takes place at the opening of legislative sessions, where it is meant to lend gravity to the occasion and reflect values long part of the heritage of the United States; and, WHEREAS, an invocation that invites lawmakers to reflect upon shared ideals and common ends before they embark on the fractious business of governing serves that legitimate function and is, therefore, constitutional; and, 5 WHEREAS, opening invocations seek peace for the nation, wisdom for its lawmakers, and justice for its people, appealing to universal values embodied not only in religious traditions but also in our founding documents and laws; and, WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia formally adopted a policy regarding opening invocations at its organizational meeting held on January 3, 2019; and, WHEREAS, the Board desires to adopt a policy to be followed by any County board, authority, commission or committee which desires to offer an opening invocation. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the Board hereby adopts the following policy regarding opening invocations, to wit: 1. In order to solemnize proceedings of any board, authority, commission or committee appointed by the Board of Supervisors of Isle of Wight County, Virginia, is the policy of the Board to allow for but not to mandate an invocation, which may include a prayer, a reflective moment of silence, or a short solemnizing message, to be offered before the meeting of any such board, authority, commission or committee. 2. Should any such board, authority, commission or committee decide to open its meeting with an invocation, shall adopt an invocation policy substantially similar in nature as the policy adopted by the Board on January 3, 2019. 3. This policy is not intended and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board's preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the Board's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Isle of Wight County. ll County Attorney Jones notified the Board that he would be attending the 2019 VACo Local Government Day on January 31, 2019. The Board took a break and returned to open session. PUBLIC HEARINGS Request for Real and Personal Property Tax Exemption from Mid -Atlantic Broadband Communities Corporation Assistant County Administrator Robertson provided an overview of the application. no Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the proposed request. Tad Deriso, President and CEO, Mid -Atlantic Broadband Communities Corporation, appeared and requested the Board's consideration of granting real and personal property tax exemption to Mid -Atlantic Broadband Communities Corporation. Mr. Deriso and Mark Varah, Chief Financial Officer, Mid -Atlantic Broadband Communities Corporation, responded to questions from the Board regarding the length of time it took to receive a copy of their assessment; what beneficial functions are performed by the corporate office that merits salaries in excess of $150,000; how this can be claimed a benevolent service while being compensated at the same time and what is the meaning of benevolent; the number of locations; have they communicated with the County's Director of Economic Development; if there is opportunity for additional sites; the value in dollars in terms of what is being provided to the schools; the amount of estimated revenue stream from the carriers and what percentage of that is put back into the infrastructure to keep it maintained; would Community Electric provide positive feedback; in what ways has he worked with the County's Department of Economic Development; where the fibers are located in the County; and, what can they expect to save if the exemption is approved. Chairman McCarty closed the public hearing and recommended that the matter be tabled for further discussion. Chairman McCarty moved that the request be tabled to the Board's February 7, 2019 work session for further discussion. The motion was adopted by a vote of (5- 0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT Responsive to Sheriff Clarke's request at the Board's work session of December 12, 2018, Supervisor Grice moved to authorize an additional full-time Animal Control Officer and convert a current part-time Kennel Attendant position from part-time to full-time. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. County Administrator Keaton advised that once the Sheriff goes through his selection process, staff will return to the Board and advise the actual cost for the remainder of this fiscal year and will proceed with building the cost into the budget for the FY2020 fiscal year. County Administrator Keaton advised that there is currently $34,224 in the Grant Fund account for Animal Control. He advised that it is a challenge to determine what the individuals want to see the donated funds spent on as there is not an organized group. VA Supervisor Acree encouraged the Sheriff to work with the volunteers to find out what they want the donated funds spent on as donations are intended to be spent on extras and not basic items. Supervisor Grice asked Sheriff Clarke to have a meeting with the volunteers regarding how the donor money is to be spent. County Administrator Keaton advised the Board that the entire old E-911 radio system was turned off last week. He advised that the School system is not on the new system yet but will be next. Supervisor Acree commented that the system is an $8,000,000 public safety investment and it is imperative that a person be online whose sole responsibility is to be the advocate and ensure that the system is operating to the standards set by Motorola. The Board recessed and returned to open session. The following individuals were recognized as recipients of the Caught You Caring Awards for the Second Quarter of FY2018-19: Amber Johnson; Tyler Butler, Frances Jewell; Renee Allen -Stallings; Shelby Hamilton; Steven Henson; Inga Johnson; Virginia Branch; Herb Finch; Jenilee Hallman; Janette Jeffrey; Jarvis Brannon; Benjamin Bowen; Jonas Carpenter; Faye Drewery; DeAnna Lawrence; Dan Wilson; Robert Flood; Bobbi Donnelly; Ellen Powell; Dave Kuzma; Melissa Lindgren; Tory Rowland; Connie Chapman; Bill Hanlon; Robert Cox, Ana Montiel; Georgine Koenig; Deborah Duncan; Kathy Mountjoy; and, Theresa Frantz. // Matters for the Board's information were highlighted by County Administrator Keaton. Supervisor Grice requested that the Board look at restricted and other bond issues for the 12,000,000 in the Capital Improvements Plan. UNFINISHED/OLD BUSINESS Application of Jeremy H. and Lucy M. Kooiman, Owners, for an Exception to the Chesapeake Bay Preservation Area Ordinance Under Article 5, Section 5002 to Place a 16x16-Square-Foot Garden Shed in the Resource Protection Area (RPA) and to Allow for a Mitigation Landscaping Reduction at 214 Shivers Mill Lane, Carrollton 8 Kim Hummel, Environmental Planner, provided a brief overview of the application. Supervisor Grice moved that the application be approved. The shed now brings the coverage limit up to 5,343 square feet, along with the limitation of the landscaping. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS At its meeting on January 3, 2019, the Board briefly discussed the potential of creating a financial/accounting management committee to look at the long-term implications of the County's capital program and to determine the best strategies for funding said program. Said Committee is to consist of two (2) members of the Board of Supervisors, the Commissioner of the Revenue, the County Administrator, the Assistant County Administrator, and the Director of Finance with the School Superintendent and a member of the School Board being ad hoc members. Supervisor Grice requested that the current Board Chairman be a member and Supervisor Rosie requested that representatives from the Sheriff's office and emergency services be added for consideration by the Board at its February 17, 2019 meeting. The consensus of the Board was to direct County Administrator Keaton to develop a resolution for consideration of the Board at its February meeting. On the subject of modifications to the Benn's Grant Payment Agreement, County Administrator Keaton briefed the Board on a payment agreement entered into by the County with Benns Church Properties and EW - Benn's Church, LLC for the payment of proffers associated with the development of the Benns Grant subdivision. He presented a request for an extension of the deadline for all payments due from January 15, 2019 to June 20, 2019. In consideration of the time extension, interest on the outstanding balance will be paid at an annualized rate of 5%. Supervisor Jefferson moved to authorize execution of modifications to the Agreement. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. ADJOURNMENT At 9:15 p.m., Chairman McCarty declared the meeti jvtm William M. Mcc`a`tty, Chairman Car Its St r , Clerk 9