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.
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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,
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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.
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Rudolph Jefferson, Chairman