Loading...
06-20-2019 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 TWENTIETH DAY OF JUNE 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, 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 approved 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. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: A discussion regarding the appointment of specific appointees to County boards, committee or authorities pursuant to subsection 1; discussion concerning a prospective business or expansion of an existing business where no previous announcement has been made of business' interest in locating or expanding its facilities in Isle of Wight County pursuant to subsection 5; consultation with legal counsel and briefing by staff members pertaining to probable litigation regarding the construction of the Nike Park Trail, where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7; consultation with legal counsel and briefing by staff members pertaining to probable litigation regarding the construction of the Lawnes Point Waterline, where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7; and, consultation with legal counsel employed or retained by the Board regarding specific legal issues pertaining to possible zoning violations in connection with Tax Parcel Number 43A-06-025 requiring the legal advice by such; pursuant to subsection 8. Upon motion of Supervisor Grice and all voting in favor, the Board entered the closed meeting for the reasons stated by County Attorney Jones. Upon motion of Supervisor Jefferson 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 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 Richard Steel, Pastor, USAF Colonel Retired, delivered the invocation and led the Pledge of Allegiance to the American Flag of the United States of America. CITIZENS' COMMENTS William Faulkner of Day's Point Road recognized the professional contributions of Bob Watkins, Rachel Bass, Joe Luter, Sheriff Clarke and County Administrator Keaton. He advised the Board that the yards of property owners at Morgart's Beach are being utilized for parking during events being held at Fort Boykin. He 2 further advised that residents on Days Point Road are also concerned about an on-going sign violation on that roadway. Albert Burckard of the Newport District notified the Board that the Department of Historic Resources had issued a press release for the award of a national historic designation for the Courthouse and Nike Park Missile site. He acknowledged and thanked the Board for its past financial contribution during the application process. Reverend Marks notified the Board of his retirement status and advised of his desire to contribute and be a part of the County. Herb DeGroft of Mill Swamp Road encouraged the Board to address the needs identified by the Rushmere Volunteer Fire Department; commented that the Turner Drive intersection should have been better designed when originally built; notified the Board that he has advised the County's Transportation Planner and Department of Public- Works of the need for drainage pipes underneath the walking path on Nike Park Road at the Edward's driveway; that $39,000 remains to be collected by the School Division for meals; and, recommended that the Board visit other school facilities to learn what was done versus appropriating additional funds for a new design of Hardy Elementary School. Under Board comments, Chairman McCarty recommended that ways in which violators who ignore violation notices can be held responsible be discussed at a future work session. He offered to speak with the Director of Planning & Zoning and the Sheriff about the parking concern at Fort Boykin and requested that the area be patrolled, and all violators issued trespassing notices. Supervisor Grice asked staff to ensure that adequate drainage is installed at the walking path on Nike Park Road near the Edward's driveway. CONSENT AGENDA A. Resolution to Accept Donation of an Engine for the Mass Casualty Incident Bus B. American Red Cross Memorandum of Understanding C. Resolution to Adopt Financial and Accounting Policy Amendments to Isle of Wight County Policy Manual D. Minutes April 4, 2019 Work Session Minutes April 11, 2019 Work Session Minutes April 18, 2019 Regular Meeting Minutes April 25, 2019 Work Session Minutes Supervisor Acree moved that the Consent Agenda be adopted as presented. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, 3 Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. s REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Grice reported on the recent Commission on Aging meeting. Supervisor Grice reported on items discussed at a meeting he attended in Washington, DC on June 10, 2019 at the White House in conjunction with Leadership Day. Supervisor Rosie reported on a citizens' association meeting held last evening in Walters. Supervisor Acree reported on items discussed at today's Hampton Roads Technical Advisory Committee meeting. Chairman McCarty reported on items discussed at the most recent meeting of the Western Tidewater Regional Jail. He congratulated the 2019 graduating classes of Smithfield and Windsor high schools. APPOINTMENTS Supervisor Jefferson moved that Supervisor Grice be appointed to serve on the Board's Capital Improvements Program Committee. 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. Supervisor Grice moved that Chairman McCarty be appointed to serve on the Board's Capital Improvements Program Committee. 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. Chairman McCarty moved that Ms. Dominique Pretlow be appointed to serve on the Isle of Wight County Community Policy & Management Team. 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. Supervisor Acree moved that Cathy Funk be reappointed to serve on the Blackwater Library Board. 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. Supervisor Acree moved that Tony Ambrose be appointed to represent the Town of Windsor, replacing Richard J. Holland, on the Economic Development Authority. 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. Supervisor Acree moved that Sharon Corey Stallings be appointed to fill the unexpired term of Len Alphin on the Economic Development Authority representing the Windsor District. 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. Chairman McCarty moved that Reynold Jordan be appointed to replace Pam Barton on the Tidewater Regional Group Home Commission. 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. SPECIAL PRESENTATIONS The family of Ms. Georgia M. Shivers was formally presented a resolution in recognition of her 105th birthday. Supervisor Acree moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE AND CONGRATULATE MRS. GEORGIA M. SHIVERS WHEREAS, Mrs. Georgia M. Shivers was born on March 15, 1914, as one of three children to Primbrook and Mattie Moton in Isle of Wight County; and, WHEREAS, Mrs. Shivers married the late Leslie R. Shivers on Christmas Day in 1945 and she is mother to fourteen children; and, WHEREAS, Mrs. Shivers is the matriarch of a family that now includes over 312 children, grandchildren, great grandchildren, great -great grandchildren, and great -great -great grandchildren; and, WHEREAS, Mrs. Shivers is a lifelong member of Little Zion Baptist Church in Smithfield, Virginia and continues to serve as an inspiration and role model to younger generations through her generosity and wisdom. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and congratulates Mrs. Georgia M. Shivers for having lived an exemplary life for over 105 years. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors celebrates the life and legacy of Mrs. Georgia M. Shivers and orders that a copy of this Resolution be spread upon the minutes of this Board this twentieth day of June 2019. 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. The Board received a presentation from Brian Camden, Alpha Corporation, on the evaluation results related to a renovation or replacement of the existing Hardy Elementary School facility. 5 Chairman McCarty directed County Administrator Keaton to set up a joint meeting between the Board and the School Board over the next several weeks. Mr. Camden was requested to also be present at the meeting. Supervisor Grice directed County Administrator Keaton to develop a timeline and cost estimate and report back to the Board prior to the joint meeting with the School Board. COUNTY ATTORNEY'S REPORT No report was offered. PUBLIC HEARINGS A. Application of W.C. Sawyer, Applicant and Owner, to Amend the Conditional General Commercial Zoning of 2.45 Acres of Land Located at 15135 Carrollton Boulevard (Rte. 17) to Increase the Number of Commercial Uses Permitted on the Property. Trenton Blowe, Planner, provided background information on the application. He advised that the Planning Commission recommended approval (10-0) and staff recommends approval based on the application's strengths. The public hearing was opened, and Chairman McCarty called for persons to speak in favor of or in opposition to the proposed application. Beverly H. Walkup, representing the applicant, owner and tenant, explained that the purpose of the application is to expand the uses at the shopping center to include a tattoo shop which will allow the applicant to be more competitive and have more of a level playing field with the shopping center located across the road. James Plessinger of the Newport District thanked the Board for its consideration in allowing him to have better visibility. Chairman McCarty closed the public hearing and called for comments from the Board. Chairman McCarty remarked that the business has a great reputation in Carrollton and approval will allow the applicant to more properly compete in the marketplace today. Supervisor Rosie remarked that approval of the application encourages business development and it is an appropriate use of the land. Chairman McCarty moved that the application be approved and the Ordinance to Amend the Conditional General Commercial Zoning of 2.45 Acres of Land Located at 15135 Carrollton Boulevard on the Property with Tax Parcel Identification Number 34-17-001 be adopted. 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. D B. Application of Carlton K. Outland, Owner, for a Change in Zoning Classification from Rural Agricultural Conservation (RAC) to Rural Residential (RR) and a Waiver to Section 4-3004.13.3 of the Isle of Wight County Zoning Ordinance in Order to Create Two Single Family Residential Lots. Sandra Robinson, Zoning Coordinator, provided background information on the application related to its tax map identification number, its location, current zoning, proposed zoning, election district, the application's purpose, its strengths and weaknesses and staff's recommendation. Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. Carlton K. Outland, Owner, requested the Board's favorable consideration of his request. Chairman McCarty closed the public hearing and called for comments from the Board. Supervisor Rosie stated that this request is in accordance with what is typically done with farmland and it fits historically into what has been approved by the Board in the past. Supervisor Rosie moved that the application be approved and the Ordinance to Rezone and Amend the Official Zoning Map of IOWC to Change the Zoning from RAC, Rural Agricultural Conservation, to RR, Rural Residential, for Property Located on Freeman Drive with Tax Parcel Identification Number 66-01-105 be adopted. 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. C. Ordinance to Join the Eastern Virginia Regional Industrial Facility Authority. Chris Morello, Director of Economic Development, briefed the Board regarding the newly formed Eastern Virginia Regional Industrial Facility Authority. Chairman McCarty opened the public hearing and called for comments from persons in favor of or in opposition to the proposed ordinance. No one appeared and spoke. Chairman McCarty closed the public hearing and called for comments from the Board. Chairman McCarty cited concern with not knowing what the maintenance cost going forward will be. Mr. Morello advised that the annual maintenance fee is based on population. 7 Attorney Steven A. Meade, partner with the law firm of Patten, Wornom, Hatten & Diamonstein, stated that theoretically the County could expect to pay $1,250 initially and $1,500 for its renewal fee the next year although those amounts still need to be voted on. He further advised that Go Virginia has approved utilizing existing funds to cover its operating cost. He advised that the Authority is developing a budget which will come back to the Authority for approval. Supervisor Jefferson moved that the following Ordinance be adopted: AN ORDINANCE TO JOIN THE EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY PURSUANT TO SECTION 15.2-6400 ET SEQ. OF THE CODE OF VIRGINIA (the "Act") WHEREAS, this Board of Supervisors recognizes that a mechanism for localities in the local region to cooperate in the development of economic development projects and facilities is needed and desired in the Region (as defined below); and WHEREAS, this Board of Supervisors acknowledges that the purpose of a regional industrial facility authority is to enhance the economic base for its member localities by developing, owning and operating one or more facilities on a cooperative basis involving its member localities; and WHEREAS, this Board of Supervisors finds that economic growth and development of the County of Isle of Wight, Virginia (the "County"), and the comfort, convenience and welfare of the citizens of the County require the development of facilities, and that the collaborative and collective action through a regional industrial facility authority by the County of Gloucester, the County of James City, the City of Hampton, the County of James City, the City of Newport News, the City of Poquoson, the City of Williamsburg and the County of York, will facilitate the development of the needed facilities within the region that comprises said geographic areas (the "Region"). NOW THEREFORE BE IT ORDAINED AND ENACTED this day of 2019, by the Board of Supervisors of Isle of Wight County, Virginia (the "Board of Supervisors"), that 1. That the County hereby joins the "Eastern Virginia Regional Industrial Facility Authority" (the "Authority"), which Authority was formed effective December 18, 2018. The admission of the County will be completed effective upon the approval of the Authority Board. 2. The County will join the existing member localities shall be the County of Gloucester, the City of Hampton, the County of James City, the City of Newport News, the City of Poquoson, the City of Williamsburg and the County of York (each, a "Member Locality" and collectively, the "Member Localities"). Each Member Locality's respective governing body enacted an ordinance substantially similar to this ordinance authorizing the creation of the Authority. At any time subsequent to the creation of the Authority, the membership of the Authority may, with the approval of the Authority Board (as hereinafter defined and as more fully described in the Bylaws of the Authority The admission of the County will be completed effective upon the approval of the Authority Board.), be expanded to include any locality within the region that would have been eligible to be an initial member. The governing body of a locality seeking to become a member shall evidence its intent to become a member by adopting an ordinance substantially similar to this ordinance (and otherwise in conformance with Section 15.2-6402 of the Act). The admission of such member shall be completed upon the Authority Board approving the admission, after being presented with the requisite ordinance adopted by such locality. 3. The Authority shall be governed by an initial board (the "Authority Board") consisting of two (2) board members from each Member Locality. Authority Board members shall be appointed by their respective Member Locality's governing body. Each governing body of each Member Locality may appoint up to two (2) alternate Authority Board members. Alternates shall be appointed for terms that coincide with one or more of the Authority Board members from the Member Locality that appoints the alternate. If either Authority Board member for a Member Locality is not present at a meeting of the Authority, an alternate shall have all the voting and other rights of the Board member not present and shall be counted for purpose of determining a quorum and all other purposes of that meeting. In the event that additional Member Localities shall enact an ordinance to join the Authority and are admitted upon the Authority Board approving the admission, the number of members of the Authority Board shall be increased by two (2) members for each additional Member Locality, with Authority Board members to be appointed in accordance with the criteria set forth above for initial Authority Board Members and alternates. Each member of the Authority Board shall serve for a term of four (4) years and may be reappointed for as many terms as the governing body from said Authority Board member's Member Locality desires. 4. The Authority Board shall have such authority and exercise such powers as are permitted by the Code of Virginia, the Agreement Creating Authority (as defined below), and in the Bylaws of the Authority Board (a draft copy of which is attached hereto and which shall be approved by the Authority in substantially the same form as said draft). 5. The Authority Board shall elect from its membership a Chair, Vice Chair, Treasurer and Secretary for each calendar year. The Authority Board may also appoint an Executive Director and staff who shall discharge such functions as may be directed by the Authority Board. The Executive Director and staff may be paid from funds received by the Authority. 6. This Board of Supervisors authorizes approval, by appropriate execution by the designated representative of the County and/or by the Chair of this Board of Supervisors, of an agreement (the "Agreement Creating Authority") approved and adopted by the Member Localities whereby the Authority was established and 0 further whereby the respective rights and obligations of the Member Localities with respect to the Authority, in accordance with the provisions of the Act, shall be set forth (a copy of which is attached hereto). The Agreement Creating Authority shall (i) establish the terms for participation in the Authority by Member Localities and (ii) further describe the participation agreements (the "Participation Agreements") that the Authority may enter into with one or more Member Localities by which any projects and facilities allowed by the Act may be constructed, developed and operated. This authorization includes, but is not limited to, authority for this Board of Supervisors to approve, by ordinance, Participation Agreements by which Authority projects shall be constructed, developed and operated and which may be funded from this Board of Supervisors' commitment of loans or grants and in the event that a facility will be located within the County, future tax revenue derived from the Authority's project facilities located within the County, pursuant to Section 15.2-6406 of the Act. 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. D. Resolution to Amend the Adopted FY2018-19 Operating and Capital Budgets County Administrator Keaton stated for the Board's consideration is a resolution to amend the County's current budget from $2,946,128 from the General Fund to the Capital Projects Fund. Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Resolution. No one appeared and spoke in favor of or in opposition to the proposed resolution. Chairman McCarty closed the public hearing and called for comments by the Board. Supervisor Grice moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2018-2019 OPERATING BUDGET AND APPROPRIATE FUNDING FOR CAPITAL IMPROVEMENT PROJECTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia recommends an amendment to the FY 2018-2019 Budget for the transfer of two million, nine hundred forty-six thousand, one hundred twenty-eight dollars ($2,946,128) of Unassigned General Fund Balance to the Capital Improvement Projects Fund for future Capital Improvement Projects; and, WHEREAS, the Board of Supervisors needs to appropriate two million, nine hundred forty-six thousand, one hundred twenty-eight dollars ($2,946,128) for 10 the transfer from the General Fund to the Capital Improvement Projects Fund for future Capital Improvement Projects. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2018-2019 budget is hereby amended to transfer two million, nine hundred forty-six thousand, one hundred twenty-eight dollars ($2,946,128) from the Unassigned Fund Balance of the General Fund to the Capital Improvements Projects Fund; and, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that two million, nine hundred forty-six thousand, one hundred twenty-eight dollars ($2,946,128) is hereby appropriated in FY 2018-2019 for the General Fund Transfer to the Capital Improvements Projects Fund. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. 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. E. Ordinance to Impose Tax Rates for Isle of Wight County for the Fiscal Year July 1, 2019 Through June 30, 2020 County Administrator Keaton stated the County's recent reassessment had generated increases in the overall assessment of more than 1% which requires the County to determine what the revenue neutral amount would be and requires a separate public hearing from the adoption of the budget. Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the Ordinance. No one appeared and spoke in favor of or in opposition to the Ordinance. Chairman McCarty closed the public hearing and called for comments from the Board. Supervisor Grice moved that the following Ordinance be adopted: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2019 THROUGH JUNE 30, 2020 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: Section 1: That there is hereby levied for the fiscal year beginning July 1, 2019, a tax of $0.85 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public 11 service corporations in accordance with Section 58.1-2606 of the Code of Virginia (1950, as amended). Section 2: That there is hereby levied for the fiscal year beginning July 1, 2019, a tax of $1.75 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1- 3507 of the Code of Virginia (1950, as amended). Section 3: That there is hereby levied for the fiscal year beginning July 1, 2019, a tax of $1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 58.1-3606 of the Code of Virginia (1950, as amended). Section 4: That there is hereby levied for the fiscal year beginning July 1, 2019, a tax of $4.50 per one hundred dollars of assessed valuation on all tangible personal property, as defined and classified in Sections 58.1- 3500 through 3504 and Section 58.1-3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1-3504 are exempt from said levy. Section 5: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2019 shall be set at forty-five percent (45%) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100%). Section 6: That there is hereby levied for the fiscal year beginning July 1, 2019, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used for recreational purposes only. Section 7: That there is hereby levied for the fiscal year beginning July 1, 2019, a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1-2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. 12 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 Don Jennings, Director of Utility Services, provided an update on the progress of the Lawnes Point waterline replacement and Route 10 waterline installation projects. Jamie Oliver, Transportation Planner, provided information on the SMART SCALE statewide program designed to distribute funding based on a transparent and objective evaluation of projects. County Administrator Keaton advised that the final payment associated with the Benns Grant repayment process for the intersection has been received and all the water and sewer tap fees will now go into the utility fund and the proffer money will go to the proffer fund. Chairman McCarty acknowledged the trash pick-up report under the "Matters for the Board's Information' tab and publicly recognized Tony Wilson and Michael Etheridge for their work well done. UNFINISHED/OLD BUSINESS County Attorney Jones presented consideration of an Ordinance to Vacate Public Interest in North Sycamore Drive and South Sycamore Drive. He advised this matter was discussed at the Board's May 16, 2019 meeting and tabled to allow him an opportunity to contact the homeowners' associations for Rushmere Shores and Lawnes Point. He further advised that both parties have reached an agreement as to the location of the gates and the sharing of the gate key and he recommends adoption of the ordinance. Supervisor Jefferson moved that the following Ordinance be adopted, and the Chairman authorized to execute same and other necessary documents to relinquish the County's interest on behalf of the Board: AN ORDINANCE TO VACATE INTEREST IN NORTH SYCAMORE DRIVE AND SOUTH SYCAMORE DRIVE, HARDY DISTRICT, ISLE OF WIGHT, VIRGINIA WHEREAS, by a deed dated September 18, 1981, and recorded in the Circuit Court Clerk's Office of Isle of Wight County in Deed Book 455, page 586, 0. E. Parker, E. W. Goodrich and C. L. Goodrich, partners trading as Rushmere Shores did convey unto the County of Isle of Wight a fifty (50) foot wide strip of land to be used as a public county road, said strip of land more particularly depicted on that certain plat entitled "PLAT SHOWING PROPERTY OF RUSHMERE SHORES, INC", recorded in the Circuit Court Clerk's Office of Isle of Wight County in Plat Book 4, page 173 and further depicted as "existing 50' access easement along centerline of existing road" on that certain plat entitled "LAWNES POINT ON THE JAMES" of record in 13 the aforesaid Clerk's Office as Plat Instrument Number 2-156-9 and 2-156-10, and commonly referred to as North Sycamore Drive and South Sycamore Drive; and WHEREAS, the above reference strip of land has never been maintained by Isle of Wight County and has not been accepted into the Secondary Highway System; and WHEREAS, the General Assembly of Virginia has authorized governing bodies of counties to vacate public rights -of way as provided in Section 15.2-2006 of the Code of Virginia, 1950 as amended; and WHEREAS, Lawnes Point on the James Property Owner's Association is the sole owner of the property immediately adjoining or contiguous to the above referenced rights -of way; and WHEREAS, Lawnes Point on the James Property Owner's Association has applied to Isle of Wight County to request the vacation of the above referenced public rights-of-way; and WHEREAS, Lawnes Point on the James Property Owner's Association has agreed to reimburse Isle of Wight County its actual cost of advertisement and recordation fees; and WHEREAS, Lawnes Point on the James Property Owner's Association has agreed to allow Emergency Services to have access to and to make use of the above referenced land as situations warrant; and WHEREAS, the vacation of the above referenced public rights of way will not impede nor alter any parties access to their property. NOW, THEREFORE BE IT ORDAINED that the Isle of Wight County Board of Supervisors hereby vacates that certain fifty (50) foot wide strip of land depicted on that certain plat entitled "PLAT SHOWING PROPERTY OF RUSHMERE SHORES, INC", recorded in the Circuit Court Clerk's Office of Isle of Wight County in Plat Book 4, page 173, as conveyed in that certain deed recorded Circuit Court Clerk's Office of Isle of Wight County in Deed Book 455, page 586 in accordance with Section 15.2-2006 of the Code of Virginia , 1950. 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 recalled that the Board had previously authorized the hiring of three full-time fire and EMS positions in the budget with the request that action be delayed until the Volunteer Fire and Rescue Association had had a chance to discuss the matter. He advised that the need for these positions and improved communication between staff and the Volunteer Rescue Association had been discussed with the Association which voted to support the first year's plan, converting three part-time positions to full-time positions as long as there is 14 not a drop to less than five ambulances and that staff is at a minimum, an EMT I or P as the attendant in charge. Supervisor Jefferson moved to authorize the advertising and filling of three full- time EMS positions. 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. Supervisor Acree requested that Mr. Terwilliger relay the Board's appreciation to those volunteers who assisted with the fire at Kings Cove this past weekend. NEW BUSINESS County Attorney Jones presented A Resolution to Adopt an Uncollectible Accounts Write -Off Policy for consideration by the Board. Chairman McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 2: FINANCIAL AND ACCOUNTING, ARTICLE IV, FINANCIAL POLICIES OF THE COUNTY POLICY MANUAL WHEREAS, the County's General Billing process includes sending notices to individuals or businesses when County Departments determine a non -tax debt is due to the County; and, WHEREAS, the County makes every effort possible to collect all amounts that it is owed prior to collection efforts that are initiated by the County Treasurer's Office; and, WHEREAS, over the normal course of business, certain amounts due to the County are deemed to be uncollectible and are required to be written off as bad debts; and, WHEREAS, Isle of Wight County's Policy Manual needs to be amended to come include a policy to address uncollectible accounts. NOW, THEREFORE, BE IT RESOLVED that revisions to Chapter 2: Financial and Accounting, Article IV, Financial Policies are hereby adopted as follows: Chapter 2: Financial and Accounting ARTICLE IV Financial Policies (Adopted March 20, 2014, Revised August 18, 2016, November 17, 2016) POLICY PURPOSE The County of Isle of Wight (the "County") and its governing body, the County Board of Supervisors (the "Board of Supervisors"), is responsible to the County's citizens to carefully account for all public funds, to manage County finances wisely and to plan for the adequate funding of services desired by the public, including 15 the provision and maintenance of facilities. The following financial policies and guidelines establish the framework for the County's overall fiscal planning and management. 1.1 Policy Goals This fiscal policy is a statement of the guidelines and goals that will influence and guide the financial management practices of the County. A fiscal policy that is adopted, adhered to, and regularly reviewed is recognized as the cornerstone of sound financial management. Effective fiscal policy: • Contributes significantly to the County's ability to insulate itself from fiscal crisis, • Enhances short term and long-term financial credit ability by helping to achieve the highest credit and bond ratings possible, • Promotes long term financial stability by establishing clear and consistent guidelines, • Promotes the view of linking long term financial planning with day to day operations, and • Provides the Board of Supervisors and the citizens a framework for measuring the fiscal impact of government services against established fiscal parameters and guidelines. 1.2 Policy Implementation and Coordination The County Board of Supervisors has assigned the County Administrator as the Executive Agent of County and has authorized him or his designee to implement this policy. 1.3 Review and Revision These polices will be reviewed for appropriateness and comparability with Tier 1 & 2 strongly rated jurisdictions every three years or more frequently if a need for review is identified. REVENUES 2.1 Revenue Diversification The County will strive to maintain diversified and stable revenue streams to protect the government from problematic fluctuations in any single revenue source and provide stability to ongoing services. Current revenues are expected to fund current expenditures and a diversified and stable revenue system will be pursued to protect programs. 2.2 Fees and Charges 16 (Revised August 18, 2016) All fees established by the County for licenses, permits, fines, services, applications and other miscellaneous charges shall be set to recover all or a portion of the County's expense in providing the attendant service. These fees shall be reviewed annually with the development of the annual operating budget. Fees and Charges as set forth herein shall be waived for the following projects: - Projects performed by county staff on county property, or County administered projects provided that permit fees are not included in the bid award. - Projects funded by the Community Development Block Grant Program, or other County administered grant programs, provided that permit fees are not included in the bid award. - Repair and rehabilitation of properties damages by natural disasters to include but not necessarily limited to flood, hurricanes, tornadoes or similar occurrences. - Construction, repair, and rehabilitation of handicapped accessible ramps for disabled individuals. 2.3 Revenue Collections The County will strive to achieve an overall property tax collection rate of 100% to ensure all citizen service recipients contribute to the costs of public services they receive. 2.4 Use of Fund Balance The County's General Fund equity balance will be utilized to provide sufficient working capital in anticipation of current budgeted revenues and to finance unforeseen emergencies without borrowing. Absent extraordinary circumstances, the General Fund equity of the County (Unassigned Fund Balance) should not be used to finance current operations. 2.5 Restricted Revenue Restricted revenue (such as Medicaid or Grant funds) shall only be used for the purpose intended and in a fiscally responsible manner. 2.6 Uncollectible Accounts The County's General Billing process sends notices to individuals or businesses when County Departments determine a non -tax debt is due to the County. This debt can be the result of user fees or other assessments being collected by a county department. The Department will make every effort possible to collect all amounts that it is owed prior to collection efforts that are initiated by the County Treasurer's Office. However, over the normal course of business, certain amounts due to the County are deemed to be uncollectible and are required to be written off as bad debts. 17 Uncollectible Accounts Accounts determined to be uncollectible will be written off at least annually via the following guidelines. An account is determined to be uncollectible if it meets the following criteria: 1. The debt does not qualify for collection by the Treasurer (i.e. Safe Harbor EMS Billings). 2. The collection efforts of the Treasurer's Office have been unsuccessful, and the debt is at least 3 years old and has had no payment activity within the last 12 months. 3. The account owner has filed a bankruptcy and the debt is discharged in bankruptcy. 4. The County Attorney determines the debt is not collectible. Prior to write off, all liens and/or judgements must have been processed and applied in accordance with applicable statutory authority. Procedure Transactions to write off uncollectible accounts are handled through a journal entry. Supporting documentation for a write-off will at a minimum include a listing of aged accounts, dates of services, original charge amount and the balance being written off. This listing will be attached to the annual memo to be reviewed and signed by the Department Head and the Director of Finance. The County Administrator will approve the annual write off of uncollectible accounts. For accounting and financial reporting purposes, write-offs of uncollectible receivables are to be made against the appropriate allowance or revenue accounts. Adjustments to the allowance accounts can be done monthly, quarterly or at a minimum annually by June 30 of each fiscal year. 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 presented a Resolution Requesting the Commonwealth Transportation Board Prioritize Funding for the Next Segment of the Interstate 64 Widening Project for the Board's consideration. Supervisor Acree moved that the following Resolution be adopted: RESOLUTION CELEBRATING THE CREATION OF ADDITIONAL FUNDING FOR STATE FUNDED INTERSTATE 64 IMPROVEMENTS AND REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD PRIORITIZE THE NEXT COMMONWEALTH FUNDED SEGMENT OF WIDENING INTERSTATE 64 TO BEGIN IN HAMPTON ROADS AT EXIT 234 AND ADVANCE INCREMENTALLY WESTWARD TOWARD BOTTOMS BRIDGE 19 WHEREAS, Interstate 64 (1-64) is a significant transportation corridor linking Hampton Roads and the Historic Triangle to Interstates 95 and 81 (1-95 and 1-81); and, WHEREAS, 1-64 provides not only daily commuting for residents and business trips, but provides access to tourist attractions throughout the region; and, WHEREAS, 1-64 is essential for economic development in Hampton Roads and directly supports the transportation of freight in and out of the Port of Virginia; and, WHEREAS, 1-64 is essential to national security and supports military readiness by providing access to, from, and between military facilities; and, WHEREAS, 1-64 is essential as an emergency evacuation route, particularly during hurricane events affecting the Hampton Roads region; and, WHEREAS, for these reasons, the Commonwealth Transportation Board, the Hampton Roads Transportation Accountability Commission (HRTAC), and the Hampton Roads Transportation Planning Organization (HRTPO) have all put into place significant funding for congestion relief on 1-64; and, WHEREAS, in support of relieving congestion in Hampton Roads, $114 million has been invested into Segment I of 1-64, $176 million in Segment II, and $244 million in Segment III; and, WHEREAS, an additional $3.86 billion has been approved to make improvements to the Hampton Roads Bridge Tunnel; and, WHEREAS, the Commonwealth has invested $43.4 million into widening 1-64 eastward in Henrico and New Kent Counties; and, the Commonwealth has identified that widening the entirety of 1-64 from the end of Segment III, which currently ends at Exit 234, to the Richmond area is needed. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia, is of the opinion that a significant investment has already been made into the widening of 1-64 within the Hampton Roads region. BE IT FURTHER RESOLVED, that the Board of Supervisors is also of the opinion that the investment and momentum into the next segment of improving 1-64 should also be within Hampton Roads and the Historic Triangle. BE IT FURTHER RESOLVED, in support of our regions' tourism and travel demands, to improve access to and from the Port of Virginia, to continue to provide enhanced connectivity and congestion relief to our significant military installations, and to continue to improve the emergency evacuation route away from the coastline, that the Board of Supervisors finds that the next widening improvement of 1-64, funded by the Commonwealth Transportation Board utilizing its new dedicated revenue source of funds established during the 2019 19 Session of the General Assembly, should commence at Exit 234 and proceed incrementally westward to Bottoms Bridge. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, urges the HRTAC, the HRTPO, and the other Hampton Roads localities to take a similar position and make that position known to the Commonwealth Transportation Board. 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 meeting adjourned. Car Mi Is Sto m, Clerk 20 iam M. McCarty, Chairman