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12-10-2020 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 TENTH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND TWENTY PRESENT: Joel C. Acree, Windsor District, Chairman Richard L. Grice, Smithfield District, Vice -Chairman Don G. Rosie, II, Carrsville District Rudolph Jefferson, Hardy District William M. McCarty, Newport District ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER Chairman Acree called the regular meeting to order at 5:00 p.m. APPROVAL OF AGENDA Supervisor McCarty motioned that the agenda be approved as amended with the addition of a matter under New Business concerning lighting at the Jones Creek Convenience Center. The motion was adopted unanimously (5-0) with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion. CLOSED MEETING Pursuant to Section 2.2-3711(A) of the Code of Virginia, Supervisor McCarty motioned to move to closed session for the limited purpose of: 1. A discussion regarding the appointment of specific appointees to County boards, committee or authorities pursuant to subsection 1, to include the Commission on Aging, Fair Committee, Historical Architectural Review Committee, 5' Judicial Circuit Community Corrections Board, Western Tidewater Community Services Board and Wetlands Board; and 2. A discussion regarding the performance of a specific County employee, namely the County Attorney, pursuant to subsection 1 The motion was adopted unanimously (5-0) with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion. Supervisor McCarty motioned that the Board reconvene into open meeting which was adopted unanimously (5-0) with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion. 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 unanimously (5-0): 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, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 11WI GTiiANART Retired Admiral Dale Baugh delivered the invocation and led the Pledge of Allegiance to the American flag. 2 CITIZEN'S COMMENTS Antonia Viudez requested ample room be provided to accommodate attendance by the public to allow for open communications between citizens and the Board. Richard Gillerlain of the Newport District requested that his name be removed from those contributing to the Comprehensive Plan revision. CONSENT AGENDA On motion of Supervisor McCarty, the following Consent Agenda was unanimously adopted (5-0) as presented with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion A. Replacement of EMS Lifepak Monitors ($213,000) B. Resolution to Amend the FY2020-21 Operating Budget and Appropriate Funding for a Virginia Department of Environmental Quality Litter Prevention & Recycling Grant ($8,777) C. Memorandum of Agreement with the Clerk of Circuit Court to have employees of that office qualify for and abide by the current Isle of Wight County Pay Plan D. Minutes April 2, 2020 Work Session Minutes August 20, 2020 Regular Meeting Minutes September 3, 2020 Special Meeting Minutes September 9, 2020 Special Joint Meeting with School Board Minutes September 10, 2020 Special Bond Meeting Minutes A status report on the potential relocation of the Confederate monument from the Courthouse complex to the Town of Windsor cemetery was provided by County Administrator Keaton who advised that the Windsor Town Council will be considering the request to relocate the monument at its January 2021 meeting. REGIONAL REPORTS Supervisor McCarty reported on matters discussed at the most recent meeting of the Hampton Roads Transportation Accountability Commission related to Covid- 19 impacts to the region. Supervisor Rosie reported on matters discussed at the most recent meeting of the Hampton Roads Military & Federal Facilities Alliance related to stimulus packages. Supervisor Rosie reported on matters discussed at the most recent meeting of the Board's Broadband Taskforce related to hot spots in the southern end of the County and a survey currently underway by James Henderson. 3 APPOINTMENTS Supervisor McCarty moved that Christie Ek be appointed to serve on the Fifth Judicial District Community Corrections Board. The motion was adopted unanimously (5-0) with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion. Supervisor Jefferson moved that Toni Brown be reappointed to serve on the Western Tidewater Mental Health Community Services Board. The motion was adopted unanimously (5-0) with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion. Supervisor Jefferson moved that Denise Tynes be reappointed to serve on the Western Tidewater Mental Health Community Services Board. The motion was adopted unanimously (5-0) with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion. Chairman Acree moved that Maggie Richards be appointed to serve on the Commission on Aging representing the Windsor District. The motion was adopted unanimously (5-0) with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion. SPECIAL PRESENTATIONS Ron H. Pack was presented a resolution recognizing and commending him for his service on the Economic Development Authority Board. Upon motion of Supervisor McCarty, the following Resolution was unanimously (5-0) adopted with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion: RESOLUTION TO RECOGNIZE AND COMMEND RONALD H. PACK WHEREAS, Ronald H. Pack was appointed to serve on the Isle of Wight County Economic Development Authority Board of Directors (EDA Board) in 1986, and was reappointed to serve eight (8) consecutive four-year terms; and, WHEREAS, Ronald H. Pack served with distinction, commitment and generosity through December 2020 as a Board member, with many of those years, including his final year, as Chairman of the EDA Board; and, WHEREAS, Ronald H. Pack, in his role on the EDA Board, was instrumental to the successful development of Shirley T. Holland Intermodal Park, which is home to three internationally recognized companies employing over 700 people; and, WHEREAS, Ronald H. Pack has provided guidance and support for citizens and business owners as a member of the EDA Board and as a distinguished business and community leader; and, 21 WHEREAS, Ronald H. Pack is the owner of a family -operated, award- winning restaurant, hotel, marina and conference center in the Town of Smithfield; and, WHEREAS, Ronald H. Pack has, over several decades, demonstrated his commitment to serve the community as a founding member of many important organizations, including the current County Chamber of Commerce, the County's Tourism Advisory Board and the Hampton Roads Sports Authority; and, WHEREAS, it is the desire and the intent of the Isle of Wight County Board of Supervisors to honor and recognize Ronald H. Pack for his contributions to the Economic Development Authority and to the businesses and citizens of the County of Isle of Wight. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Isle of Wight County, Virginia does hereby recognize and commend Ronald H. Pack for his selfless and tireless service as a member of the Isle of Wight County Economic Development Authority. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Ronald H. Pack its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board meeting this 10th day of December 2020. John B. Edwards was presented a resolution recognizing and commending him for his many years of outstanding achievements and faithful service to the County. Upon motion of Chairman Acree, the following Resolution was unanimously (5-0) adopted with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion: RESOLUTION TO RECOGNIZE AND COMMEND JOHN B. EDWARDS WHEREAS, the Board of Supervisors desires to recognize and commend John B. Edwards for his many years of outstanding achievements and faithful service to Isle of Wight County; and, WHEREAS, John B. Edwards became a reporter for the Smithfield Times in 1972 and he and his wife Anne acquired the newspaper in 1986; and, WHEREAS, John B. Edwards has served as a reporter and subsequently as owner/operator of the Smithfield Times for nearly 50 years and has received many journalism awards during his tenure with the newspaper; and, 5 WHEREAS, in addition to keeping Isle of Wight County residents informed via the pages of the Smithfield Times, John B. Edwards has also served the community as a volunteer with the Smithfield Volunteer Fire Department, a member of Smithfield 2020, and served as the Chair of the Main Street Beautification Project in the Town of Smithfield; and, WHEREAS, John B. Edwards has been a leader in bringing people of all ages, races, and backgrounds together by founding and hosting the Friday Night Concert Series on the front lawn of the Smithfield Times and by featuring local and regional musical talent representing various genres of music; and, WHEREAS, John B. Edwards, even in retirement, continues to actively serve the community and continues to write his "In the Short Rows" column for the Smithfield Times. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia does hereby recognize and commend John B. Edwards for his many contributions as a journalist, business owner, and volunteer who has improved the quality of life for all residents of Isle of Wight County. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to John B. Edwards its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board meeting this 10th day of December 2020. Betsy Hedrick, P.B. Mares, reported an Unmodified and Clean Opinion on the County's comprehensive annual financial report for fiscal year ended June 30, 2020. Andrea Nichols, P. B. Mares, thanked staff for its assistance in preparation of the audit. COUNTY ATTORNEY'S REPORT County Attorney Jones apprised the Board that Supervisor McCarty has provided him with suggested changes to the Board's bylaws which he is requesting time to draft prior to sharing with the Board at its organizational meeting. PUBLIC HEARING Application of William E. and Patricia M. Rhodes, Property Owners, for a Conditional Use Permit to Establish a Residential Accessory Apartment on Property Located at 21116 Rescue Road. Trent Blowe, Planner, provided an overview of the application noting that no weaknesses have been identified. He advised that the Planning Commission Z recommended approval of the application and that staff recommends approval as submitted. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. William E. Rhodes, applicant, requested approval of his application to build a mother-in-law suite for his in-laws. Chairman Acree closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the application of William E. and Patricia M. Rhodes be approved which was unanimously (5-0) adopted with Supervisors Acree, Grice, Jefferson, McCarty and Acree voting in favor of the motion and no Supervisor voting against the motion. COUNTY ADMINISTRATOR'S REPORT The Board received background information on the cigarette tax which has been approved by the General Assembly from Gerald H. Gwaltney, Commissioner of Revenue and the matter was deferred to a future work session. H David Smith, Director of Parks and Recreation, updated the Board on the following projects: Tyler's Beach Marina Phase I, Restoration FYI 9 was completed in early 2020 Phase II, Objectives Phase III, Objective Bradby Park Phase I Objectives and timeline H The Board took a break and upon returning to open session, Judy Winslow, Director of Tourism, shared the following related to the second round of the Gift Card Program in support of local businesses: 109 business participated 3,375 transactions 15,128 gift certificates purchased total cash expended was $302,560 It was noted that the County and the Towns of Smithfield and Windsor contributed $302,560; however, the money received by local businesses equivalated to $605,120. Coupled with Round 1, those businesses received a total of $800,000. VA Chris Morello, Director of Economic Development, noted that in addition to the $800,000 noted above and inclusive of the Obici Foundation contribution, a grand total of $2.3 million has been pumped into the local economy. // Matters for the Board's information were highlighted by County Administrator Keaton with emphasis on a State Utility Relief Program in the amount of $58,658. // County Administrator Keaton reported on the County's declaration of crop disasters due to drought and rainy conditions in 2020. UNFINISHED/OLD BUSINESS County Attorney Jones advised that he has developed a new proposed definition of the term "junk" in the Zoning Ordinance as follows: "Junk" shall mean any worn, cast off, or discarded article or material which is ready for destruction and has been collected or stored for salvage or conversion to some use. Supervisor McCarty commented that he remains unclear in the areas of "watercraft" and "junk" and he was requested by County Attorney Jones to forward his questions to him for clarification. The consensus of the Board was that this matter be moved to a work session for additional discussion. NEW BUSINESS Supervisor McCarty notified the Board of a need for additional lighting at the area near the boat ramp at the Jones Creek Convenience Center. Vice -Chairman Grice commented on the need to grade the road leading into the Jones Creek Convenience Center and recommended a back-up power system be installed to run the compactors in the event of a loss of power. ADJOURNMENT At 9:30 p.m., Chairman Acree declared the meeting adjourned. 0,0�mtmt�% S612x7_ Ca ills'Storm, Clerk `O�R� Richard L. rice, C firman