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08-19-2021 Regular Meeting REGULAR 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 NINETEENTH DAY OF AUGUST IN THE YEAR TWO THOUSAND AND TWENTY-ONE PRESENT: Richard L. Grice, Smithfield District, Chairman Don G. Rosie, II, Carrsville District, Vice-Chairman Rudolph Jefferson, Hardy District William M. McCarty, Newport District Joel C. Acree, Windsor 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 Grice called the regular meeting to order at 5:00 p.m. APPROVAL OF AGENDA Supervisor McCarty moved that the agenda be amended to include Board discussion at the end of Citizens' Comments and that the Resolution to Amend the FY2021-22 Budget and Appropriate Funds from the Federal Government ($1,300,000) under the Consent Agenda be moved to New Business. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: Pursuant to Section 2.2-3711(A) of the Code of Virginia, a motion to move to closed session for the limited purpose of: A discussion regarding the appointment of specific appointees to County boards, committees or authorities as set forth in the agenda pursuant to subsection 1; consultation with legal counsel regarding actual litigation regarding M & T tax, drainage outfall, and opioid litigation 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 by the Board regarding specific legal matters requiring the provision of legal advice by such counsel, namely the implementation and possible correction of the utility consumer tax and the constitutionality of vaccine mandates pursuant to subsection 8. 1 Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Jones. At 7:00 p.m., 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 McCarty and all voting in favor (5-0), 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, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION David Smith, Director of Parks & Recreation, delivered the invocation and led the Pledge of Allegiance to the American Flag. 2 CITIZENS' COMMENTS Mike McCabe of the Newport District asked the Board to consider roundabouts for future road projects as they offer a continuous flow, are safer and more efficient. Martha Dackoon of Smithfield requested the Board to remain committed to funding of the Hardy Elementary School. Candice Vandebiake, Windsor District, requested the Board to investigate the School Board's use of taxpayer dollars, specifically related to the equity program. Curt Lytle and his daughter, Summer, Carrsville District, requested that the ban on rifles for hunting be updated citing rifles are a safer method of hunting; are a more 'ethical method of hunting game; and are easier on bodies. Herb DeGroft recommended a return to appointed School Board members. Albert Burckhardt of the Newport District spoke in favor of roundabouts. He invited the Board to attend a ceremony this Saturday at 1:00 p.m. at the Episcopal Church related to the fire.of 1921 which changed the entire industry of the Town of Smithfield from the peanut to the ham capital of the world. The following comments were offered by the Board responsive to the comments from citizens (above): Supervisor Acree recognized the upcoming 20th anniversary of the 9/11 attack; recommended individualized bathrooms in school facilities; believes that School Board members should be elected; and that the Hardy Elementary School is a work in progress and has not been slowed down by anyone. Supervisor Rosie spoke in favor of individualized bathrooms in school facilities; was in favor of reviewing the rifle laws related to hunting; and confirmed that there is no intentional delay in building the Hardy Elementary School. Supervisor Jefferson encouraged people to be respectful of each other's beliefs; take any concerns with funding to the Superintendent, the School Board Chairman or the School Board members; confirmed that the Board is moving forward with funding of the Hardy Elementary School; believes in shotgun versus rifle hunting; and concurs with roundabouts. Chairman Grice reported that the contract for Hardy Elementary School has been awarded to two contractors who need to return with their guaranteed fixed price. He stated that following the School Board's review the Board will have an opportunity to address the funding. He stated that any delay of this project would be a result of inflation and/or supplies. The date of the school opening is set for September of 2023. Supervisor McCarty remarked it would not be in the Board's best interest to interfere with matters that are the responsibility of the School Board; he agreed it might be worth looking at options to create private bathrooms in school facilities; 3 that at no time has this Board considered cancelling the Hardy Elementary School project; that this Board has no control over roadways in the County; and that he is not in favor of returning to the appointment of School Board members. Chairman Grice read into the record a letter from Kyle Jennings of Smithfield, a DMX racer, suggesting that the pump track at Nike Park can be improved by making it asphalt and larger. CONSENT AGENDA Supervisor McCarty moved that the following Consent Agenda be adopted which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion: A. Resolution to Amend the Budget and Restrict and Appropriate Fund Balance for Coronavirus Response ($500,000) B. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate Funding from the Virginia Department of Motor Vehicles Alcohol Enforcement Program ($24,354) C. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate Funding from the Virginia Department of Motor Vehicles Speed Enforcement Program ($5,448) D. Resolution to Amend the FY22 Budget and Appropriate Funding to Purchase Vehicles Using Lease Financing Proceeds ($251,245) E. Resolution to Amend the Budget and Appropriate Funding for the Virginia Tourism Corporation Shop Small Grant ($10,000) F. Resolution to Amend the Budget and Appropriate Funding for the Smithfield Sidewalk Construction Project ($69,000) G. Resolution to Amend the Budget and Appropriate Funding to Purchase an Ambulance ($20,406) H. Minutes May 13, 2021 Budget Adoption Minutes May 20, 2021 Regular Meeting Minutes June 3, 2021 Work Session Minutes June 10, 2021 Regular Meeting Minutes REGIONAL AND INTER-GOVERNMENTAL REPORTS County Administrator Keaton reported that Dale Baugh has been elected Chairman of the Southeastern Public Service Authority. 4 Regarding the Eastern Virginia Regional Industrial Facilities Authority, Chairman Grice reported that the land is being readied to be transferred to the solar farm and there is renewed interest in other portions of that property. Regarding the Hampton Roads Workforce Council, Supervisor Acree reported there is a need for workers in the hospitality industry. APPOINTMENTS Supervisor McCarty moved that Kimberly L. Davenport be appointed to serve on the Virginia Alcohol Safety Action Program. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. SPECIAL PRESENTATIONS Andrew McRoberts, attorney hired to assist the County in the redistricting process, provided a PowerPoint presentation outlining the following: statutory requirements to redistrict every year ending in one (e.g., 2021); time limits set by statute; how to redistrict- unwritten criteria, Constitutional basics, statutory criteria, contiguous and compact, more or less equal population, clearly defined and observable boundaries, scheduling issues regarding Federal preclearance; Federal Voting Rights Act and preclearance; 2021 Virginia Rights of Voters Act; possible schedule for redistricting; and effects of redistricting — statutory provisions. Supervisor McCarty moved that a Redistricting Task Force be created to include five members from each district and two at-large members agreed upon by the Board. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. It was the consensus of the Board: Task Force members are to be identified and appointed at the Board's next work session. Task Force is to set its schedule at its first meeting. Task Force will include GIS (Herb Finch), Assistant County Administrator Robertson, County Administrator Keaton and County Attorney Jones, all who will attend the first meeting to help establish goals/mission statement and prepare a draft of dates. meetings will be at least voice recorded. no Board members will sit on the Task Force other than those attending as a public member. begin with five districts (this is to be incorporated into the mission statement). The presentation by the Isle of Wight Historical Society Presentation was postponed until a future date. 5 COVID-19 Vaccine Update - Resolution to Amend Chapter 1: Personnel, Article V. Section 5.15 and Article XI: Miscellaneous Policies and Regulations of the County Policy Manual It was the consensus of the Board that the Resolution be amended to include language in that the testing will be at the County's expense and that should an employee test positive as a result of this and it is determined that that was a false test, that any time off as a result of the quarantine would not be ultimately charged to that employee's leave provisions. It was the consensus of the Board that mask/face coverings will be mandatory for all employees and visitors effective Monday, August 23rd COUNTY ATTORNEY'S REPORT County Attorney Jones stated pursuant to the Virginia Code being amended in May of 2021 to allow governing bodies to adopt a resolution concerning its position on collective bargaining, he has drafted a resolution establishing that the County's position does not recognize labor unions or employee associations as collective bargaining agencies. Supervisor Rosie moved that the following Resolution be adopted which was adopted (4-1) with Supervisors Grice, Rosie, Acree and McCarty voting in favor and Supervisor Jefferson voting against the motion: A RESOLUTION REGARDING COLLECTIVE BARGAINING OF PUBLIC EMPLOYEES WHEREAS, Isle of Wight County values its employees and has a long history of providing competitive wages and benefits; and, WHEREAS, effective May 1, 2021, Virginia Code § 40.1-57.2 vests the governing body of a locality with the authority to pass a resolution establishing its policy concerning collective bargaining; and, WHEREAS, the Board of Supervisors has determined the need for collective bargaining with its employees to be unwarranted; and, WHEREAS, the Board of Supervisors deems it to be in the best interest of the County and its employees to make it known that it does not support collective bargaining. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the County will not recognize any labor union or other employee association as a bargaining agent of any public officers or employees and will not collectively bargain or enter into any collective bargaining contract with 6 any such union or association or its agents with respect to any matter relating to them or their employment or service. PUBLIC HEARINGS A. Transfer of County property located on Rt. 258 to the Virginia Department of Transportation County Attorney Jones advised that the purpose is to convey the .191 acres located on the west side of the Luter Sports Complex to VDOT for it to be part of the primary highway system. Chairman Grice opened up the public hearing and called for persons to speak in favor of or in opposition to the proposed transfer. No one appeared and spoke. Chairman Grice closed the public hearing and called for comments by the Board. Supervisor McCarty moved that the Chairman be authorized to execute all appropriate documents necessary to transfer the subject property. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT Stephanie Humphries, Director of Budget & Finance, provided a presentation on the new on-line budget information now available on the County's website. Staff was recognized for the County being awarded a Certificate for Achievement of Excellence in Financial Reporting by the Government Finance Officers Association of the United States and Canada for the tenth consecutive year. Danny Byrum played a clip of the Fair advertisement and provided an overview of upgrades for the 2021 Fair. County Administrator Keaton stated based on the breakdown submitted by Mr. Byrum, he would recommend a budget amendment for the Fair in the amount of $31,000.00 Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2021-2022 OPERATING BUDGET AND APPROPRIATE FUNDING FOR COUNTY FAIR ACTIVITIES WHEREAS, the County Fair Committee has requested an increase in funding for the County Fair budget of$31,000 for annual activities at Heritage Park; and 7 WHEREAS, the Board of Supervisors of Isle of Wight County desires to increase funding to the County Fair budget for these activities; and WHEREAS, the Board of Supervisors of Isle of Wight County must budget and appropriate $31,000 for the annual activities at Heritage Park from revenue collected during recent activities at Heritage Park in the amount of $7,000 and General Fund Unassigned Fund Balance in the amount of$24,000. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the FY 2021-2022 Budget is hereby amended and funds appropriated in the amount of$31,000 for the transfer from the General Fund to the County Fair Fund for annual activities at Heritage Park. 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 unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. County Administrator Keaton highlighted the following matters for the Board's information July 2021 Delinquent Tax Collections June 2021 Cash Position Statement June 2021 Statement of Treasurers Accountability July 2021 Incidents by Zone Map & Data July 2021 Station Activity Report July 2021 Website Statistics July 2021 Museum Report UNFINISHED/OLD BUSINESS Assistant County Administrator Robertson referred to the 2021 legislative priorities contained in the agenda and requested that the Board advise staff of any other statewide items it would like to support. Supervisor McCarty moved to adopt the County's following 2021 legislative list reflecting the "Additional Sales Tax for Educational Purposes" issue being the number one priority: PROPOSED 2021 LEGISLATIVE PRIORITY LIST LOCAL ISSUES — Additional Sales Tax for Educational Purposes — Education Funding Support from the Commonwealth — Exemption of State Revenue Recovery for Western Tidewater Regional Jail — Limited Residential Lodging Act — Unfunded Mandates 8 - Transportation Funding - Proffer/Impact Fee Legislation - Assistance to Broadband Internet - Support for Second Amendment - Proffer/Impact Fees The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION IN SUPPORT OF A VIRGINIA TELECOMMUNICATIONS INITIATIVE GRANT TO PROVIDE BROADBAND SERVICE IN ISLE OF WIGHT COUNTY WHEREAS, high-speed broadband connectivity is a necessity for families and businesses attempting to access a wide array of services including, but not limited to, education, healthcare, e-commerce, banking, communication, etc.; and, WHEREAS, a significant portion of the 15,000 homes and 2,000 businesses in Isle of Wight County are underserved or unserved relative to reliable high-speed broadband internet service; and, WHEREAS, the Board of Supervisors of Isle of Wight County is committed to providing local match funding sufficient to support implementation of the broadband project. • NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia authorizes the submission of a Virginia Department of Housing and Community Development Virginia Telecommunications Initiative Grant application. BE IT FURTHER RESOLVED that the County Administrator is authorized to sign and submit the appropriate documents for the submittal of the Virginia Telecommunications Initiative Grant proposal and any subsequent contract documents necessary to satisfy program requirements. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. Chairman Grice requested a breakdown be provided at the Board's next meeting of the money to be received by the County and any other monies that are unspent. Supervisor Rosie requested a letter be drafted to the towns and the schools requesting their support. NEW BUSINESS 9 Resolution to Amend the FY2021-22 Budget and Appropriate Funds from the Federal Government ($1,300,000): Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2021-22 BUDGET AND APPROPRIATE FUNDS FROM THE FEDERAL GOVERNMENT WHEREAS, Isle of Wight County Schools will receive additional funding from the U. S. Department of Agriculture in the amount of$1,300,000 for school breakfasts and lunches for the FY2021-22 school year; and, WHEREAS, the Board of Supervisors wishes to amend the FY 2021-22 budget and appropriate federal funding to the Food Service category within the Isle of Wight County Schools budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2021-22 budget is hereby amended and funds in the total amount of one million three hundred thousand dollars ($1,300,000) be appropriated to the Food Service budget category. 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 unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. ADJOURNMENT At 10:00 p.m., Chairman Grice declared the meetin! _ • urned. I Richard L.Q airman ectruik ikoNinfrt Carey �Ils Millsrm, Clerk 10