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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 1 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. 11 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. 11 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 K 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 4 &W*00P Rudolph Jefferson, Chairman