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12-12-2019 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 TWELFTH DAY OF DECEMBER 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 (via telephone) 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. The Board went downstairs and attended the annual Wreath Hanging event. APPROVAL OF AGENDA/AMENDMENTS Supervisor Acree moved that the agenda be approved as presented. The motion was adopted by a vote of (4-0) with Supervisors Acree, Grice, Jefferson and McCarty voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Rosie absent for the vote. Noting that Supervisor Rosie was present electronically, County Attorney Jones advised that under State code and the Board's By-laws, a Board member can participate remotely in a meeting if a quorum is assembled and if the member has requested and notified the Chairman that he/she wishes to appear remotely/electronically and that the remote Board member must advise his location and nature of the personal matter that keeps him from being present at a meeting. Supervisor Rosie advised that he is on a business trip in Alabama and Florida. Supervisor Acree moved to authorize the remote participation of Supervisor Rosie. The motion was adopted by a vote of (4-0) with Supervisors Acree, Grice, Jefferson and McCarty voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Rosie absent for the vote. 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 1 or authorities; pursuant to Section 2.2-3711(A)(1) regarding a discussion regarding job assignment of specific County employees within the Planning & Zoning Department and the Department of Inspections; and, pursuant to Section 2.2-3711(A)(8) regarding consultation with legal counsel employed by the Board regarding specific legal matters namely Section 15.1-915 and the restrictions it imposes upon the Board and Section 46.2-752 pertaining to vehicle licensing fees. Upon motion of Supervisor Jefferson and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Jones. Upon motion of Supervisor Jefferson and all voting in favor (5-0), 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 2 INVOCATION/PLEDGE OF ALLEGIANCE Pastor Mark delivered the invocation and led the Pledge of Allegiance to the American Flag of the United States of America. CITIZENS' COMMENTS Albert Burckard of the Newport District requested that the Board reconsider refunding and reestablishing a Department of Historic Resources with appropriate staffing levels; that the County eliminate from the Parks & Recreation long-range plan, the demolition of the buildings that comprise the former Nike Missile site in Carrollton; and, expand the mission of the task force to include the long-range goal of developing our new historic district at Nike Park into Commonwealth -level historic attraction with the ultimate goal of establishing the site as a national cold war museum. Herb DeGroft of Mill Swamp Road recognized the forwarding thinking of the Board regarding senior restricted developments. William Falkner of the Smithfield District distributed a Christmas gift to the individual Board members and thanked them for their service. Jim Henderson, on behalf of the Carrollton Civic League and the Isle of Wight Citizens Association, advised that the League and the Association are in favor of eliminating or reducing the vehicle license fee. William Havrilla of Carrollton advised that the two bridges on Route 17 are in need of expansion and he requested the Board to work with the City of Suffolk in requesting the State to expand such bridges. He remarked that the Board also needs to find areas within the budget or cut services so that the tax rate does not have to be increased. Robert Fry, Western Tidewater Free Clinic, thanked the Board for its past financial support. Supervisors Acree and Jefferson recognized the significant contributions of the Clinic to the community noting that the County receives a great return on its contribution. Chairman McCarty recognized all the contributions of all County organizations and expressed a desire to see how the on-line sales tax impacts the County. He further indicated a desire to discuss items with the City of Suffolk that have an impact on traffic in the County. Responsive to Mr. Burckard's comments, County Administrator Keaton advised that the County has entered into a 50% funding partnership with the Town of Smithfield for the museum and the same has been done for the Tourism office. Supervisor Acree commented that the Hampton Roads Transportation Advisory Committee has a comment period and he encouraged all citizens to get informed and provide their comments. Supervisor Rosie electronically advised that school buses are not visible at the last curve on Colossee Road as they go up/down the hill and he requested the installation of additional signage cautioning motorists to slow down. 3 CONSENT AGENDA A. September 19, 2019 Regular Meeting Minutes B. October 3, 2019 Work Session Minutes 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. APPOINTMENTS Supervisor Jefferson moved that Donald T. Robertson be reappointed to serve again on the Western Tidewater Community Services 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. SPECIAL PRESENTATIONS Adrian Winget, David Barlow, Jared Brown, Lee Barlow, Marc Meisner, and Walter Winget were recognized for their expertise and skills to transport a Nike Ajax missile, booster and launcher to Nike Park. Supervisor Acree moved that the following Resolution be adopted: RESOLUTION TO RECOGNIZE AND APPRECIATE THE EFFORTS OF THE VIRGINIA MILITARY PRESERVATION ASSOCIATION WHEREAS, the County has previously undertaken efforts to acquire a Nike Ajax missile, booster, and launcher; and, WHEREAS, the mobilization, transportation and siting of the missile, booster, and launcher requires specialized care and expertise; and, WHEREAS, members of the Virginia Military Preservation Association (VMPA) offered their expertise and skills to transport the missile, booster, and launcher from Air Power Park in Hampton, Virginia to its current location at Nike Park; and, WHEREAS, the services provided by the VMPA are invaluable and will contribute to preservation of historical artifacts for the benefit of current and future visitors to Isle of Wight County. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and expresses its appreciation to the VMPA and specifically Adrian Winget, David Barlow, Jared Brown, Lee Barlow, Marc Meisner, and Walter Winget for their efforts, expertise, and commitment to the citizens of Isle of Wight County in relocating the County's Nike Ajax Missile from Air Power Park in Hampton, Virginia to its current location at Nike Park. rd 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. Arthur E. Berkley, Director of Inspections, was recognized on the occasion of his retirement. Supervisor Acree moved that the following Resolution be adopted; RESOLUTION TO RECOGNIZE AND CONGRATULATE ARTHUR E. BERKLEY ON THE OCCASION OF HIS RETIREMENT WHEREAS, Arthur E. Berkley began employment with Isle of Wight County as the Building Official on June 3, 1991; and, WHEREAS, Mr. Berkley holds numerous professional certifications from the Virginia Department of Housing and Community Development covering amusement devices, building inspections, commercial building plans examination, fire protection, mechanical inspections, plumbing inspections, and professional code administration; and, WHEREAS, Mr. Berkley also holds numerous professional certifications from the International Code Council including, but not limited to, Certified Building Official, Building Code Specialist, Building Plans Examiner, Residential Combination Inspector, Property Maintenance and Housing Inspector, and Commercial Building Inspector; and, WHEREAS, Mr. Berkley has served as a Lead Instructor for the Virginia Department of Housing and Community Development and has also served on the Building Code Inspection Test Development and Review Committee for the National Certification Program for Construction Code Inspectors; and, WHEREAS, during his distinguished career, Mr. Berkley has held numerous statewide and regional leadership positions including President of the Virginia Building and Code Officials Association; and, WHEREAS, Mr. Berkley will retire from formal employment with Isle of Wight County, effective January 1, 2020. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates the considerable contributions of Arthur E. Berkley for outstanding service to the citizens of Isle of Wight County. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Arthur E. Berkley its best wishes for his future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this twelfth day of December 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. 5 Betsy Hedrick, P.B. Mares, LLP, advised the Board that P.B. Mares, LLP has issued an unmodified opinion on the County's Comprehensive Annual Financial Report for the fiscal year ending June 30, 2019. She acknowledged the Director of Budget & Finance and her staff for providing all the information necessary to complete the audit and issue it by the Virginia Auditor of Public Accounts' deadline of November 30, 2019. County Administrator Keaton recognized Ms. Humphries and her staff for their efforts in completing the Comprehensive Annual Finance Report inhouse for the first time. Stephanie Humphries, Director of Budget & Finance, provided a PowerPoint presentation on the County's General Fund detailing revenues; expenditures; other financing; and, sources and uses reflecting an increase of $1.3 million for a total General Fund of $24.9 million for year end. She reviewed the Unassigned Fund Balance, which was $16.2 million, well above the County's policy of 15%. She pointed out that Education spending is the largest portion of the budget and under governmental revenues, she reviewed property taxes, the tax collection rate and the General Fund Fund Balance. COUNTY ATTORNEY'S REPORT County Attorney Jones advised that he would be bringing an amendment to the County's License Fee Ordinance to the Board for its discussion by February 2020. County Attorney Jones presented the Board's by-laws for the upcoming year (2020). PUBLIC HEARINGS Sale of County Property/Great Springs Road County Attorney Jones advised that the property is a 30 -acre parcel of land located adjacent to the Isle of Wight Volunteer Rescue Squad which is landlocked and has no road frontage or deeded access. The property owner in front of the property has made an offer consistent with the land use values of all the surrounding properties of $80,000 for that property. Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the proposed sale. No one appeared and spoke. Chairman McCarty closed the public hearing and called for comments from the Board. Supervisor Jefferson moved to authorize the Chairman to execute all appropriate documents to transfer the property. 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. rel COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton advised that the matter under New Business concerning the ATV Trail Grant for Heritage Park would be moved to the Board's January 2, 2020 work session. ADJOURNMENT At 7:00 p.m., Chairman McCarty declared the meeting adjourned. LI Carey ills St rm, Cler 7 C— Joel C. Acree, G4 rman