07-05-2018 Work SessionWORK SESSION 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 ON THURSDAY, THE FIFTH DAY OF JULY, IN THE YEAR TWO
THOUSAND AND EIGHTEEN
PRESENT:
Rudolph Jefferson, Chairman, Hardy District
Don G. Rosie, II, Carrsville District
Joel C. Acree, Windsor District
Richard L. Grice, Smithfield District
ABSENT:
William McCarty, Vice -Chairman, Newport District
ALSO IN ATTENDANCE:
Mark C. Popovich, County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
At 6:00 p.m. the work session of the Board of Supervisors was called to order and
all those present welcomed by Chairman Jefferson.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor Acree moved that the agenda be approved, as presented. The motion
was adopted unanimously (4-0) of those members present. Supervisor McCarty
was absent from the meeting.
INVOCATION
Supervisor Rosie delivered the invocation and led the Pledge of Allegiance to the
American Flag.
COUNTY ADMINISTRATOR'S REPORT
Sheriff Clarke addressed the Board regarding the need for additional staffing and
vehicles within the Animal Control Department.
Supervisor Grice requested an organizational chart of employees and volunteers.
In response to the recent incident involving the injury of an animal, he inquired
what procedures have been implemented to ensure animals are not subjected to
lengthy periods of stay in vehicles during the heat.
Sheriff Clarke advised that an internal investigation into that incident is ongoing
and staff is currently in the process of identifying improvements which can be
implemented to prevent it from ever reoccurring.
County Administrator Keaton advised that he and the Sheriff will be meeting with
a concerned volunteer regarding her concerns. He further advised that animals at
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the shelter are receiving proper nutritional value and that the concern seems to
be rather one of food preference. He advised that the policy has been changed to
animals being spayed or neutered when adopted versus their arrival at the shelter
and he recommended that further consideration be given regarding the length of
time animals are housed at the shelter before being euthanized.
Supervisor Grice requested a staff presentation on the number of calls and the
types of service being provided by the Animal Control Department.
Supervisor Rosie requested clarification on the Shelter's mission; the definition of
low -kill; and, the length of time the County houses animals brought there.
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On the issue of invocations at Board meetings, County Attorney Popovich briefed
the Board on the recent ruling of Rowan County, North Carolina, Fourth Circuit
Court of Appeals which found the Rowan County Board of Commissioners had
violated the establishment clause of the United States Constitution. He advised
that this case was appealed to the United States Supreme Court, and declined to
be heard, resulting in the Fourth Circuit Court of Appeals' decision standing in the
Commonwealth of Virginia. He remarked that this Board also practices this
concept by delivering the invocation themselves and suggested using a Chaplain
from the Sheriff's office, the County Administrator, the public at large, a moment
of silence, or designation of County churches as an alternative method for
delivery of invocations.
Noting the absence of Supervisor McCarty and that input from the community is
desired, staff was requested to place this item on the Board's August 16, 2018
meeting for further discussion.
Responsive to the Board's desire to conduct a meeting with the County's General
Assembly delegation, Assistant County Administrator Robertson suggested a
September timeframe and requested the Board's consideration of subject matter.
The following matters were identified by the Board as matters of discussion with
the County's legislative delegation: Proffers; clarification on VDOT's abandoned
responsibility for installation on easements in 2016; assistance with a joint
community internet improvement or broadband project/Isle of
Wight/Surry/Franklin & Southampton County; discussion on the impact of a
recent Supreme Court ruling on public service union membership in the
Commonwealth; unfunded State mandates; and, the designation of an ERT medic
on emergency response teams.
Mr. Robertson promised to return to the Board soon with potential meeting
dates.
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1)
Regarding a recent school funding request, County Administrator Keaton
recommended that funds be placed in the County's Capital Budget for funding
intended to be dedicated to next year's budget. He advised that the school
division has $57,000 left over funds from this past year in their Capital
Maintenance Budget, which now totals approximately $200,000.
On the subject of a proposed youth development center to be owned and
operated by the Virginia Department of Juvenile Justice, Chris Morello, Director of
Economic Development, distributed copies of a preliminary wetland assessment
conducted by Kimley Horn on soils located in the Shirley T. Holland Industrial Park
on Route 258 just outside the Town of Windsor.
County Administrator Keaton advised that an initial site on Walters Highway had
been considered, however, the benefits associated with the Buckhorn site are
that it would be cheaper to get water and sewer to this site from the Town of
Windsor; that this site is wooded and would offer a buffer; and, the facility would
be located behind an existing State-owned VDOT facility.
The following matters were identified for discussion in closed meeting by County
Attorney Popovich:
Pursuant to Section 2.2-3711(A)(8) of the Code of Virginia concerning consultation
with legal counsel requiring the provision of legal advice related to outstanding
employee liability matters and pursuant to Section 2.2-3711(A)(5) concerning
discussion of a perspective business where no previous announcement has been
made of the business's interest in locating.
Upon motion of Supervisor Rosie and all voting in favor (4-0), the Board entered
the closed meeting for the reasons stated by County Attorney Popovich.
Upon motion of Supervisor Rosie and all voting in favor (4-0), the Board
reconvened into open meeting.
County Attorney Popovich 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, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
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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 and Jefferson
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: McCarty
ADJOURNMENT
At 8:50 p.m., Chairman Jefferson declared the work session adjourned.
C �Mill Sto , Clerk
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Rudolph Jefferson, Chairman