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06-16-2022 Regular Meeting 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 SIXTEENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND TWENTY-TWO BOARD MEMBERS PRESENT Rudolph Jefferson, District 3, Chairman William M. McCarty, District 2, Vice-Chairman Richard L. Grice, District 1 Don G. Rosie, II, District 5 Joel C. Acree, District 4 STAFF MEMBERS PRESENT Randy R. Keaton, County Administrator Robert W. Jones, Jr., County Attorney Carey Mills Storm, Clerk CALL TO ORDER Chairman Jefferson called the regular meeting to order at 5:00 p.m. APPROVAL OF THE AGENDA Supervisor McCarty moved that the agenda be approved with the following additions: 1.) Under Old Business, add an item concerning No Wake Zone signs on Jones Creek and 2.) Under New Business, add an item concerning the titling of an ambulance for the Isle of Wight Rescue Squad. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie 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 moved to enter the closed meeting for the limited purpose of: (1) A discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, and the performance of specific employees of the Department of Planning and Zoning, pursuant to subsection 1 (2) Consultation with legal counsel regarding actual litigation regarding Chesapeake Bay Preservation Area, the park-to-park trail, Drainage Outfalls and M&Ttax where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7. (3) Consultation with legal counsel employed by the Board regarding specific legal matters requiring the provision of legal advice by such counsel regarding enforcement of Vehicle Grant Agreements and parking enforcement, pursuant to subsection 8. 1 (4) A discussion concerning a prospective business or the expansion of an existing business where no previous announcement has been made of business' interest in locating or expanding its facilities in the County at the Shirley T. Holland Industrial Park, the Rt. 460 83-acre site, and the former DJJ site, pursuant to subsection (5) Discussion or consideration of the disposition of publicly held real property in the Central Hill and Rushmere areas, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board pursuant to subsection 3. The motion was unanimously adopted (5-0). Upon motion of Supervisor McCarty and all voting in favor(5-0),the Board returned to 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 2 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Pastor Blake Winfield of Hope Presbyterian Church delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Caleb Kitchen, District 4, reported that the Virginia Department of Elections voter registration cards have been mailed out advising County residents of their new voting locations and new districts. He advised that Tuesday is the Republican Primary for the Second Congressional District and the polls will be open with the exception of the Bowling Green Precinct which has been moved to the Isle of Wight Ruritan Club for this Primary only. He noted that this Saturday is the last day to vote early. CONSENT AGENDA A. Resolution to Amend the FY2022-23 Operating Budget and Appropriate Funding for Employee Compensation ($211,830) B. Resolution to Amend the FY2022-23 Budget and Appropriate Funds from the Commonwealth of Virginia ($296,457) to the Instructional Category within the Isle of Wight County Schools Budget C. Resolution to Adopt an Information Security Incident Response Plan D. Resolution to Adopt the Updated 2022 Hampton Roads Hazard Mitigation Plan E. A Resolution to Decline Tenancy in Common in Public School Property F. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate Funding for the Farmer's Market ($5,000) G. Resolution to Amend Chapter 1: Personnel, Article III —Compensation Plan, Sections 3.3 and 3.6 of the County Policy Manual H. Resolution of the BOS of IOWC to Request VDOT to Include Certain Streets in the System of State Highways (Briarmeade Estates) I. Vehicle Grant Agreement for Carrollton Volunteer Fire Department Ladder Truck J. Vehicle Grant Agreements for Isle of Wight Volunteer Rescue Squad for a Medic Unit and an ambulance Re-Chassis K. Resolution to Amend the FY2021-22 Budget and Appropriate Funds for Capital Improvements Projects ($7,207,988) 3 L Minutes April 28, 2022 Budget Work Session May 12, 2022 Budget Approval Minutes • Supervisor McCarty moved that the Consent Agenda be adopted as presented. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. • REGIONAL AND INTER-GOVERNMENTAL REPORTS No reports were offered. APPOINTMENTS No appointments were offered. SPECIAL PRESENTATIONS Gerald H. Gwaltney, Commissioner of Revenue, provided an overview of tax exemption options available to County residents. Responsive to Supervisor McCarty's inquiry about future incentives for County residents, Mr. Gwaltney advised that the County has adopted all exemptions granted by the General Assembly with the exception of the one related to personal property relief for those over 65 with an income level of $7,500. COUNTY ATTORNEY'S REPORT There was no report offered. PUBLIC HEARINGS A. Route 10 Waterline Booster Station Conditional Use Permit Amy Ring, Director of Community Development, represented the request for a Conditional Use Permit and an exception request from the Highway Corridor Overlay District for use of a chain-link fence. Chairman Jefferson opened the public hearing and called for citizens to speak in favor of or in opposition to the application. Ken Turner, design engineer, Timmons Group, provided an overview of the project and requested approval of the Conditional Use Permit and the exception to use a chain-link fence. Chairman Jefferson closed the public hearing and called for comments from the Board. County Administrator Keaton was requested to explore other types of fencing and bring back cost estimates for a more aesthetically pleasing fence other than barb- wire. 4 Supervisor McCarty moved that the Conditional Use Permit be approved. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. B. Deed of Easement for Community Electric County Attorney Jones advised that Community Electric Cooperative is seeking an easement to allow electric service to serve a single-family residence at 12507 Four Square Road which crosses the County's well lot. Chairman Jefferson called for persons to speak in favor of or in opposition to the proposed easement. No one appeared and spoke. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the Chairman be authorized to execute the Deed of Easement. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. COUNTY ADMINISTRATOR'S REPORT Ms. Ring reviewed the "Share the Isle: Isle of Wight County's Plan for an Age and Mixed Ability Inclusive Community" for the Board's information. In additional to matters contained in the agenda for the Board's information, County Administrator Keaton reported that the Windsor Library addition design work took longer than anticipated and staff anticipates going out to bid on that project in July. He further reported on bids for projects at Heritage Park. Supervisor Acree requested staff to develop a para-medicine program. County Administrator Keaton advised that staff is currently reviewing lessons learned from other localities and a report on his findings will be presented to the Board. UNFINISHED/OLD BUSINESS Michael Etheridge, Solid Waste Manager/Public Works, addressed the Board regarding proposed improvements to the Wrenn's Mill Refuse and Recycling Center which will significantly improve the current flooding issue; increase disposal capacity due to a stormwater problem; address traffic flow; decrease site maintenance; drastically decrease environmental issues; increase disposal options adding residential construction waste; and drastically increase safety and maneuverability in servicing containers. He advised that the bid price came in at $862,700 to complete this joint project between the Public Works and Stormwater departments. Supervisor McCarty moved to approve the low bid of Brown's Enterprises LLC and necessary funding and authorize County Administrator Keaton to execute all the 5 contract documents related to this project. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. The Board took a break. County Administrator Keaton presented a corrected resolution from the resolution contained in the Board's agenda at its previous meeting which referenced two specific projects and should have been for capital maintenance in general. Supervisor McCarty moved that the following resolution be adopted: RESOLUTION TO AMEND THE FY 2021-2022 GENERAL FUND BUDGET AND APPROPRIATE SCHOOL CAPITAL MAINTENANCE FUNDS WHEREAS, on June 30, 2021, the Isle of Wight County FY 2020-2021 General Fund Budget had unexpended funds appropriated for School Capital Maintenance; and, WHEREAS, at its regular meeting on May 19, 2022, the Board adopted a resolution that was subsequently determined to have contained errors; and, WHEREAS, the Isle of Wight County School Board has requested unexpended funds in the amount of $197,444 be made available in FY 2021-2022 for School Capital Maintenance items; and, WHEREAS, the Board of Supervisors has approved the request to amend the FY 2021-2022 County budget from the General Fund Unassigned Fund Balance to the School Capital Maintenance Account; and, WHEREAS, the Board of Supervisors needs to appropriate $197,444 for the School's capital maintenance and repair needs. NOW, THEREFORE, BE IT 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 $197,444 to the School Capital Maintenance Account. 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 Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. 6 // County Administrator Keaton recalled that earlier under the Consent Agenda there was a budget amendment of$296,457 in additional funding from the State and the amount of funding from the set aside can be reduced. He advised that the School Board is requesting that the Board consider taking some of the set aside funds in that same amount to fund School Resource Officers. Following a lengthy discussion, the Board's consensus was to dedicate its July work session to the discussion of school security measures. Due to a conflict with Supervisor Acree's calendar, Supervisor McCarty moved that the following resolution be adopted moving the July 14, 2022 meeting to July 21, 2022 with a work session beginning at 3:00 p.m. followed by the regular meeting beginning at 5:00 p.m.: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO CHANGE ITS MEETING SCHEDULE ADOPTED BY THE BOARD AT ITS ORGANIZATIONAL MEETING OF JANUARY 6, 2022 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, held its organizational meeting on January 6, 2022, in the Robert C. Claud, Sr. Board Room located at 17130 Monument Circle, Isle of Wight, Virginia and adopted its 2022 meeting schedule; and, WHEREAS, the Board of Supervisors, at its meeting held on June 16, 2022, made it known that they desired to move their work session and regular meetings from July 14, 2022 to July 21, 2022. NOW, THEREFORE, BE IT RESOLVED that the meeting date of its work session scheduled to begin at 3:00 p.m. on July 14, 2022, be moved to Thursday, July 21, 2022, at 3:00 p.m. and its regular meeting scheduled to begin at 5:00 p.m. on July 14, 2022, be moved to Thursday, July 21, 2022, at 5:00 p.m. both to be held in the Robert C. Claud, Sr. Board Room located at 17130 Monument Circle, Isle of Wight, Virginia and,'as is required by the Board's By-laws and §15.2-1416 of the Code of Virginia, that this resolution moving the meeting date be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the County at least seven days prior to the first such meeting. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. // Supervisor McCarty asked for an update on the request for a No Wake Zone sign on Jones Creek. Tommy Potter, Sheriff's Office, advised that he anticipates the installation of the signs by the first of July. NEW BUSINESS County Attorney Jones explained that in 2018, the County had purchased an ambulance in the amount of$217,447 and upon execution of the grant agreement, the title was transferred to the Isle of Wight Volunteer Rescue Squad. The County had retained a lien on the vehicle because public funds were used to purchase the ambulance. The agreement provides the framework for the procedure when equipment reaches the end of its useful life. The vehicle would be returned to the County and the County would release its lien, sell it and any funds acquired would be designated to be used by that particular agency. Part of the agreement says that because of the lien,the agency cannot sell the equipment without the County's consent. Based on the language of the agreement, he believes that the proceeds should be assigned to the County. Supervisor McCarty moved to approve the release of the lien on the vehicle upon execution and assignment of the proceeds and authorize County Administrator Keaton to sign on behalf of the County. The motion was adopted unanimously (5- 0) with Supervisors Jefferson, McCarty, Grice, Rosie 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 moved to enter the closed meeting for the limited purpose of a discussion regarding the performance of specific employees of the Department of Planning and Zoning, pursuant to subsection 1. Supervisor McCarty moved that the Board enter the closed meeting for the reason stated by County Attorney Jones. The motion was unanimously adopted (5-0). Upon returning to open meeting, Supervisor McCarty moved and all voted in favor (5-0) to reconvene 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 Acree and all voting in favor (5-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING 8 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 ADJOURNMENT At 9:30 p.m., Chairman Jefferson declared the regular meeting adjourned. eCkitteltdE 51-61-1. Eddil /4WD Rudolph Jefferson, Chairman Carey Mills Storm, Clerk 9