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09-06-2018 Special MeetingSPECIAL 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 ON THURSDAY, THE SIXTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND EIGHTEEN PRESENT: Rudolph Jefferson, Chairman, Hardy District William M. McCarty, Vice -Chairman, Newport District Don G. Rosie, 11, Carrsville District Joel C. Acree, Windsor District Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Robert W. Jones, Jr., Interim County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER Chairman Jefferson called the special Board of Supervisors' meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA Supervisor McCarty moved that the agenda be approved with the addition of the following items under New Business: 1) Resolution to Request Appropriation of $331,098 Contribution from the Windsor Volunteer Fire Department and Amend the FY2018-19 Capital Projects Budget; 2) discussion involving the creation of a Fire & Rescue Commission; and, 3) discussion of a Strategic Capital Planning Commission. The motion was adopted unanimously (5-0). CLOSED MEETING The following matters were identified for discussion in closed meeting by Interim County Attorney Jones: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia regarding discussion and consideration of a prospective candidates for employment and Section 2.2- 3711(A)(7) regarding consultation with legal counsel pertaining to probable litigation. Upon motion of Supervisor Grice, the Board entered the closed meeting for the reasons stated by Interim County Attorney Jones, which was adopted unanimously (5-0). Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. 1 Interim 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, 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: Rosie, Grice, Jefferson, McCarty, Acree NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Pastor George Boomer of Hope Presbyterian Church provided the invocation. COUNTY ADMINISTRATOR'S REPORT Christopher Morello, Director of Economic Development, provided an update of environmental and potential wetland issues associated with Phase III of the Shirley T. Holland Intermodal Park property. Carl Murphy, Kimley-Horn, addressed regulatory changes, matters related to climate and other factors important for going forward with characterizing and maximizing future use of the property. Supervisor Grice moved that the County be authorized to proceed with working with the engineers to make the applications necessary to obtain the delineation confirmation. The motion was adopted unanimously (5-0). The Board received a briefing from Richard Rudnicki, Assistant Director of Planning and Zoning, on landscaping requirements and screening standards. UNFINISHED/OLD BUSINESS Regarding proposed options related to the giving of the legislative invocation to comply with applicable law as articulated in Lund v. Rowan County, Supervisor McCarty moved that the Board members select individuals within their respective districts to deliver the invocation and that this be an interim process until the Board's by-laws are again adopted. The motion was adopted unanimously (5-0). NEW BUSINESS Responsive to the resignation of Mark C. Popovich as County Attorney at the Board's regular meeting of August 16, 2018, Supervisor Rosie moved that Robert W. Jones, Jr. be appointed as the Interim County Attorney. The motion was adopted unanimously (5-0). County Administrator Keaton requested execution of a Deed of Trust Modification Agreement and related documents necessary to facilitate the sale of property in a portion of the Benns Grant subdivision and to amend the payment agreement. Supervisor Grice moved to authorize the Chairman to execute the Deed of Trust Modification Agreement and related documents. The motion was adopted unanimously (5-0). County Administrator Keaton presented a Resolution to Request Appropriation of $331,098 Contribution from the Windsor Volunteer Fire Department and Amend the FY2018-19 Capital Projects Budget for the Board's consideration. He advised that $450,000 was in the Capital Improvements Program for the Windsor Volunteer Fire Department; however, the vehicle wanted for purchase is considerably more than the amount allocated and they are adding $331,098 to the County's portion to purchase the vehicle. Supervisor Acree moved that the following Resolution be adopted: RESOLUTION TO REQUEST APPROPRIATION OF $331,098 CONTRIBUTION FROM THE WINDSOR VOLUNTEER FIRE DEPARTMENT AND AMEND THE FY 2018-19 CAPITAL PROJECTS BUDGET WHEREAS, in fiscal year 2017-2018, the County started the Fire and EMS apparatus replacements project; and, 3 WHEREAS, included in the adopted FY2019-2028 Capital Improvements Plan, $625,000 is budgeted for apparatus replacement for the fiscal year 2018-19; and WHEREAS, a contribution in the amount of $331,098 was received from the Windsor Volunteer Fire Department to partially fund the purchase of a new Fire Rescue Truck. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that three hundred thirty-three thousand ninety-eight dollars ($331,098) be appropriated to the FY 2018-19 Capital Projects Fund for the Fire and EMS apparatus replacement project. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted unanimously (5-0). Responsive to action taken by the Board at its July 19, 2018 meeting that a Blackwater Property Task Force be created, Assistant County Administrator Robertson provided a list of recommended individuals for appointment to the Task Force. Supervisor McCarty moved that be following individuals be appointed to serve on the Blackwater Property Task Force: David Smith, Parks & Recreation; Judy Winslow, Tourism; Rob Wilson, Scouts of America; Billy Holleman, Mill Swamp Hunt Club; Todd West, Isle of Wight Hunt Club; Curtis Lytle, County resident; Pete Acker, Department of Game and Inland Fisheries; Ed Easter, County resident; Della Carrico, kayaker; Brian Carroll, fire and rescue; and, Cristin Emrick, hikers and runners. Serving in ex-officio non -voting advisory position are: Scott Bachman, Department of Forestry; Amanda Sheps, Department of Forestry; Darren Loomis, Department of Conservation and Recreation; and, Lynn Crump, Department of Conservation and Recreation. The motion was adopted unanimously (5-0). At the suggestion of Supervisor Grice on the creation of a Fire & Rescue Commission, the consensus of the Board was to authorize the formation of the Fire & Rescue Commission to include a representative from all volunteer fire and rescue agencies and the Department of Emergency Services to return with a recommendation, mission statement, by-laws; and, a recommended name selected by the Fire & Rescue Association for the proposed commission in November of 2018. At the suggestion of Supervisor Grice on the creation of a Strategic Capital Planning Commission, County Administrator Keaton was requested to explore options related to the direction that the Board should proceed. CLOSED MEETING Interim County Attorney Jones requested a closed meeting pursuant to Section 2.2.3711(A)(1) of the Code of Virginia regarding discussion of the performance of a specific County employee. Supervisor McCarty moved that the Board enter the closed meeting for the reason stated by Interim County Attorney Jones which was adopted unanimously (5-0). Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. Interim 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. Supervisor McCarty moved that the following Resolution be 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 E ADJOURNMENT At 8:45 p.m., Chairman Jefferson declared the meeting adjourned. 0 D4tA-) q77 (Y`5 grey NUIs Sto , Clerk POW J4940-D Rudolph Jefferson, Chairman