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01-03-2019 Organizational MeetingORGANIZATIONAL MEETING AND WORK 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 THIRD DAY OF JANUARY IN THE YEAR TWO THOUSAND AND NINETEEN PRESENT: Rudolph Jefferson, Hardy District William M. McCarty, Newport District Don G. Rosie, ll, Carrsville District Joel C. Acree, Windsor District Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman Jefferson called the organizational meeting to order at 11:00 a.m. Chaplin Joe Poe with Emergency Services delivered the invocation and led the Pledge of Allegiance to the American flag. Chairman Jefferson turned the meeting over to County Administrator Keaton who called for the nomination of a Chairman for 2019. Supervisor Grice moved that Supervisor McCarty be elected as Chairman of the Board for 2019. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisor voting against the motion. County Administrator Keaton turned the meeting over to Chairman McCarty. Chairman McCarty called for nomination of Vice Chairman of the Board for 2019. Supervisor Grice moved that Supervisor Acree be elected as Vice -Chairman of the Board for 2019. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisor voting against the motion. Chairman McCarty called for a motion to appoint a Clerk to the Board for 2019. Supervisor Acree moved that Carey Mills Storm be appointed as Clerk of the Board for 2019. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisor voting against the motion. Supervisor Jefferson moved that the following Resolution to Establish Regular Meeting and Work Session Schedule for 2019 be adopted: RESOLUTION TO ESTABLISH REGULAR MEETING AND WORK SESSION SCHEDULE FOR 2019 WHEREAS, the Board of Supervisors of the County of Isle of Wight is required by Section 15.2-1416 of the Code of Virginia to organize at its first meeting in January; and, WHEREAS, regular meetings of the Board of Supervisors (hereinafter referred to as "the Board") shall be held in the Robert C. Claud, Sr. Board Room on the third (3rd) Thursday of the month unless otherwise set by the Board; and, WHEREAS, regular meetings shall begin at 5:00 p.m. for closed session purposes only, with all other matters to be heard and considered at 6:00 p.m.; and, WHEREAS, work session meetings shall be held on the first (1") Thursday of every month, at the same place as regular meetings, and shall begin at 6:00 p.m. unless otherwise set by the Board. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that regular meetings and work sessions of the Board shall be held as shown below on the attached calendar for 2019. Thursday, January 3rd Thursday, January 3rd Thursday, January 17th Thursday, February 7th Thursday, February 21st Thursday, March 7th Thursday, March 21st Thursday, April 4th Thursday, April 18th Thursday, May 2nd Thursday, May 16th Thursday, June 6th Thursdays, June 20th Thursday, July 18th Thursday, July 18th Thursday, August 1st Thursday, August 15th Thursday, September 5th Thursday, September 19th Thursday, October 3rd Thursday, October 17th Thursday, November 7th Thursday, November 21st Thursday, December 12th Thursday, December 12th 11:00 a.m. Following Org. 5:00 P.M. 6:00 p.m. 5:00 p.m. 6:00 p.m. 5:00 P.M. 6:00 p.m. 5:00 P.M. 6:00 p.m. 5:00 p.m. 6:00 p.m. 5:00 p.m. 3:00 p.m. 5:00 p.m. 6:00 p.m. 5:00 P.M. 6:00 p.m. 5:00 P.M. 6:00 p.m. 5:00 P.M. 6:00 p.m. 5:00 P.M. 3:00 p.m. 5:00 P.M. Organizational Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting Work Session Regular Meeting N Thursday, January 2, 2020 11:00 a.m. Organizational Thursday, January 2, 2020 Following Org. Work Session The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisor voting against the motion. The Board is to advise Mr. Robertson if October 101h and 111h are good dates for the Board's 2019 retreat. Supervisor Jefferson moved that the following By-laws and Rules of Procedure for 2019 be adopted: ADOPTED ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS BY-LAWS AND RULES OF PROCEDURE Revised and Adopted January 3, 2019 ARTICLE 1— PURPOSE AND BASIC PRINCIPLES SEC.1-1. PURPOSE OF BY-LAWS AND RULES OF PROCEDURE A. To enable County government to transact business expeditiously, transparently bnd efficiently affording every opportunity for the citizens to witness and participate in the operation of government; B. To protect the rights of each individual Board Member; C. To preserve the spirit of cooperation among Board members; and D. To determine the will of the Board on all matters. SEC. 1-2. FIVE BASIC PRINCIPLES UNDERLYING BY-LAWS AND RULES OF PROCEDURE A. Only one subject may claim the attention of the Board at one time; B. Each item presented for consideration is entitled to full and free discussion; C. Every member has rights equal to every other member; D. The will of the majority must be carried out, and the rights and opinions of the minority must be preserved and respected; and E. Each member shall remain respectful of fellow board members, even in times of disagreement, in speech and in behavior. ARTICLE 2 — MEETINGS SEC. 2-1. WHEN AND WHERE REGULAR AND WORK SESSION MEETINGS HELD C A. The time and place of regular meetings and work sessions of the Board of Supervisors (hereinafter referred to as "the Board") shall be established at each annual organizational meeting. Such regular meetings shall be held in the Robert C. Claud, Sr. Board Room on the third (31) Thursday of the month unless otherwise set by the Board. Such meetings shall begin at 5:00 p.m. for closed session purposes only, with all other matters to be heard and considered at 6:00 p.m. Should the Board subsequently change the date, time or place of a regular meeting, it shall comply with the requirements of Section 15.2-1416 of the Code of Virginia (1950, as amended). B. Work session meetings shall be held on the first (1st) Thursday of every month, at the same place as regular meetings, and shall begin at 6:00 p.m. unless otherwise set by the Board. The purpose of such work sessions shall be to allow the Board an opportunity to further review items either held over by the Board from a regular meeting or such other items as may come before the Board at a regular meeting in the future. The Board shall not take any action to approve or deny any item before it during a work session, reserving such action solely to its regular meetings. SEC. 2-2. CONTINUED MEETINGS A regular or work session meeting shall be continued to the immediately following regular meeting date, time and place, unless otherwise set, if the Chair, or Vice Chair if the Chair is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required. SEC. 2-3. MEETING ADJOURNMENT Meetings of the Board shall adjourn not later than 11:00 p.m.; provided, however, with majority consent of those members present and voting, a meeting may be extended. SEC. 2-4. SPECIAL OR EMERGENCY MEETINGS A. The Board may hold such special or emergency meetings, as deemed necessary, at such date, time and place as it may find convenient; and it may adjourn from time to time. A special or emergency meeting of the Board shall be called pursuant to Sections 15.2-1417 and 15.2-1418 of the Code of Virginia (1950, as amended). B. Special or emergency meetings may be called by the Chairman or any two (2) members in writing to the County Administrator for any purpose staterd in the notice of the special or emergency meeting pursuant to Section 15.2-1418 of the Code of Virginia (1950, as amended). Only matters specified in the notice shall be considered unless all of the members of the Board are present. 91 C. Notice, reasonable under the circumstances, to the public and press of any special or emergency meeting shall be given contemporaneously with the notice provided the members of the Board and the County Attorney. SEC. 2-5. LEGAL HOLIDAY When a regularly scheduled meeting falls on a legal holiday, the meeting shall be held on the preceding business day unless the meeting is cancelled by a majority of the Board. SEC. 2-6. ANNUAL ORGANIZATIONAL MEETING A. The Board shall meet on the first (111) Thursday of January of each year which shall be known as the annual organizational meeting. The County Administrator shall preside during the annual organizational meeting pending the election of the Chair of the Board. B. The Chair shall be elected at the annual meeting for a term of one year, ending at the commencement of the organizational meeting the following yea r. C. Following the election of the Chair, he or she shall assume the Chair and conduct the election of the Vice Chair for the same term. D. Following the election of the Vice Chair, the Board shall: SEC. 2-7. 1. Appoint the Clerk of the Board (as set forth herein); 2. Establish dates, times and places for its regular meetings; 3. Adopt its By -Laws and Rules of Procedure; and 4. Appoint Board members to standing and ad hoc committee; and 5. Conduct any other necessary majority vote of the Board. PROCEDURE FOR ELECTION OF OFFICERS business as determined by a A. The following procedures shall be followed to elect the Chair and Vice Chair: 1. The presiding officer shall call for nominations from the membership. 2. Any member, after being recognized by the presiding officer, may place one or more names in nomination and discuss his or her opinions on the qualifications of the nominee(s). 3. When all nominations have been made, the presiding officer shall close the nominating process and call for the vote. 4. Each member may cast one vote for any one nominee. 5. A majority of those voting shall be required to elect the officer. B. Officers shall serve until replaced. SEC. 2-8. SEATING ARRANGEMENT The Board Chair shall occupy the center seat on the dias with the Vice Chair occupying the seat at his or her immediate left. The remaining members of the Board shall determine their seating arrangement by seniority with the most senior member selecting his or her seat first and the remaining members selecting their respective seats in seniority order based on years served on the Board. In the event that two or more Board members have equal seniority, the selection of seating for those members shall be by alphabetical order. SEC. 2-9. QUORUM AND METHOD OF VOTING A. At any meeting, a majority of the Board shall constitute a quorum. B. All actions authorized by the Board shall be pursuant to a roll call vote which shall be taken by the Clerk or Deputy Clerk of the Board. The Clerk or Deputy Clerk shall call the name of each member and receive in reply the vote of such member as either "Yes" or "No" on the measure being considered. At the beginning of any meeting, the Clerk shall conduct a silent roll call of members present and absent. C. The order of voting shall be as called by the Clerk of the Board, with the Chair voting last. D. If there is an abstention, it shall be the responsibility of the Chair to note the abstention for the record and to request that the member abstaining state his or her reason for abstaining for the record. E. A tie vote fails. F. A motion to approve which fails shall be deemed a denial of the question on the floor. SEC. 2-10. CLOSED MEETING A. Closed meetings shall only be used when the matter to be discussed is exempt from open meeting requirements pursuant to the Virginia Freedom of Information Aci. 6 B. No meeting shall become a closed meeting until the Board takes an affirmative recorded vote in open session. Any member dissenting in such vote shall state the reason for the dissent. 1. The motion to move to closed session shall state specifically the purpose or purposes which are the subject of the closed meeting and reasonably identify the substance of the matters to be discussed. The motion shall make specific reference to the applicable exemption(s) under the Freedom of Information Act, which authorizes the closed meeting. 2. The County Attorney shall assist the members in formulating the proper motion to move to closed session in accordance with the requirements of the Freedom of Information Act. C. No resolution(s), ordinance(s), rule(s), contract(s), regulation(s) or motion(s) considered in a closed meeting shall become effective until the Board reconvenes in an open meeting and takes a vote of the membership on such resolution(s), ordinance(s), rule(s), contract(s), regulation(s) or motion(s) which shall have its substance reasonably identified in the open meeting. D. At the conclusion of a closed meeting, the Board shall reconvene in open session immediately thereafter and shall cast a vote certifying that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements were discussed; and 2. Only public business matters identified in the motion convening the closed meeting were heard, discussed or considered. Any member who believes that there was a departure from the above requirements shall so state prior to the Chair's call for the vote, indicating the substance of the departure that, in his or her judgment, has taken place. E. The failure of the certification to receive the affirmative vote of the majority of the members present during the closed meeting shall not affect the validity or confidentiality of the closed meeting with respect to matters considered therein in compliance with the Freedom of Information Act. F. The Board may permit non-members to attend a closed meeting if their presence will reasonably aid the Board in its consideration of an issue. G. Prior to the certification of a closed meeting pursuant to the Virginia Freedom of Information Act, the County Attorney shall be responsible for remind all closed meeting participants of the intent that such closed meeting discussions remain confidential, as provided for under the Virginia Freedom of Information Act, and that such matters as discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a formal action is taken by the Board in accordance with Section 2-10(C) above. 7 SEC. 2-11. ELECTRONIC MEETINGS Except as provided for in this Section 2-11, the Board shall not conduct any meeting wherein the public business is discussed or transacted through telephonic, video, electronic or other communication means where the members are not physically assembled. A. Quorum Physically Assembled -- a Board member may participate in a meeting through electronic communication means from a remote location that is not open to the public if: 1. on or before the day of a meeting, the Board member notifies the Chair of the Board that he or she is unable to attend the meeting due to an emergency or personal matter and identifies with specificity the nature of the emergency or personal matter, and the Board (a) approves the member's participation by a majority vote of the members present at a meeting and (b) the Board records in its minutes the specific nature of the emergency or personal matter and the remote location from which the member participated. In deciding whether or not to approve a Board member's request to participate from a remote location, the Board shall not consider the identity of the member making the request or the matters that will be considered or voted on at the meeting. If a Board member's participation from a remote location is disapproved, such disapproval will be recorded in the minutes with specificity. Such participation by a Board member shall be limited each calendar year to two meetings or twenty- five percent (25 ) of the meetings of the Board, whichever is fewer; or 2. a Board member notifies the Chair that he or she is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance and the Board records this fact and the remote location from which the member participated in the minutes. A Board member may participate in a meeting by electronic means pursuant to this subsection A only when a quorum of the Board is physically assembled at the primary or central meeting location and the Board makes arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. B. Quorum Not Physically Assembled — the Board may meet by electronic communication means without a quorum physically assembled at one location when the Governor of the Commonwealth of Virginia has declared a state of emergency in accordance with Section 44-146.17 of the Code of Virginia (1950, as amended), provided that: 1. the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location, and 2. the purpose of the meeting is to address the emergency. If it holds a meeting pursuant to this subsection B, the Board shall: E'1 1. give public notice using the best available method given the nature of the emergency contemporaneously with the notice provided members of the Board; 2. make arrangements for public access to the meeting; 3. make available to the public, at the time of the meeting, agenda packets and all materials, unless exempt, that will be distributed to members of the Board in sufficient time for duplication and forwarding, as best as practicable given the emergency, to all locations at which public access will be provided; 4. record minutes of the meeting; and 5. record in the minutes votes taken by name in roll -call fashion. The nature of the emergency, the fact that the meeting was held by electronic communication means and the type of electronic communication means by which the meeting was held shall be stated in the minutes of the meeting. C. Reporting — if a Board meeting is held by electronic communication means, the Board shall: 1. make a written report of the following to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science by December 1 of each calendar year: a. the total number of electronic communication meetings held that year; b. the dates and purposes of the meetings; c. a copy of the agenda for each meeting; d. the number of sites for each meeting; e. the types of electronic communication means by which the meetings where held; f. the number of participants, including members of the public, at each meeting location; g. the identity of the members of the Board recorded as absent and those recorded as present at each meeting location; h. a summary of any public comment received about the electronic communication meetings; and i. a summary of the Board's experience using electronic communication meetings, including its logistical and technical experience. 2. make copies of the public comment form prepared by the Virginia Freedom of Information Advisory Council available to the public. ARTICLE 3 — OFFICERS E SEc. 3-1. CHAIR AND VICE CHAIR The Chair shall preside over all meetings of the Board. The Vice Chair serves in the absence of the Chair. In the absence from any meeting of both the Chair and Vice Chair, the members present shall choose one of their members as temporary chair. The Chair shall recommend all appointments to standing or ad hoc Board Committees to be approved by majority vote of the Board. SEC.3-2. CLERK The Clerk of the Board shall be appointed by the Board at its annual organizational meeting, and the duties and responsibilities of the Clerk shall be as set out in Sections 15.2-1538 and 15.2-1539 of the Code of Virginia (1950, as amended). The Board may also designate a Deputy Clerk, and at the discretion of the Board, any County employee can be designated as Temporary Clerk. SEC.3-3. PARLIAMENTARIAN The County Attorney, or his or her designee, shall serve as the Parliamentarian for the purpose of interpreting these By -Laws and Rules of Procedure, Robert's Rules of Order and the Code of Virginia, as may be directed by the Chair, or as required as a result of a point of order raised by any one or more Board member. If the County Attorney, or his or her designee, is unavailable, the County Administrator shall serve as the Parliamentarian. SEC. 3-4. PRESERVATION OF ORDER A. At meetings of the Board, the presiding officer shall preserve order and decorum. B. Board members shall not speak until recognized by the Chair. Board members shall address the Chair or address other members through the Chair. After being recognized by the Chair, a Board member shall not be interrupted, except when a point of order is called or when requested to yield the floor by another member. SECTION 4— CONDUCT OF BUSINESS SEC. 4-1. ORDER OF BUSINESS A. At regular meetings of the Board on the third (3rd) Thursday of the month, the order of business shall generally be as follows: 1. Call to Order — Silent Roll Call of Members (commencing at 5 p.m.) 2. Approval of Agenda 3. Closed Meeting (if necessary) 10 4. Return to Open Session/Public Meeting (commencing at 6 P.M.) 5. Invocation - Pledge of Allegiance 6. Citizens' Comments 7. Consent Agenda 8. Regional & Inter -Governmental Reports 9. Appointments (if necessary) 10. Special Presentations 11. Public Hearings (if necessary) 12. County Attorney's Report (if necessary) 13. County Administrator's Report 14. Unfinished/Old Business 15. New Business 16. Adjournment B. The above order of business may be modified by the County Administrator, after the Chair has been notified, to facilitate the business of the Board. C. Regional reports and special presentations are limited to five (5) minutes per speaker. This time may be extended at the discretion of the Chair. D. Citizens' Comments shall be governed by the following rules: 1. Citizens' Comments shall be for the limited purpose of allowing members of the public to present any matter, which, in their opinion, deserves the attention of the Board. They shall not serve as a forum for debate with the Board or individual members of the Board. 2. Board members shall not discuss issues raised by the public except by consent of a majority of the Board members present. 3. Citizens wishing to speak during the Citizens' Comments portion of the agenda shall sign the registration form, identifying, with reasonable certainty, the subject matter of his or her comments prior to the commencement of the Citizens' Comments portion of the agenda. Citizens who do not sign the registration form prior to the commencement of Citizens' Comments may address 11 the Board after all others who had signed the registration form have had an opportunity to speak. 4. Remarks shall be addressed directly to the Board and not to staff, the audience or the media. 5. The Chair shall open Citizens' Comments. 6. The Chair will explain the Citizens' Comments policy prior to the commencement of the first citizen's comment(s) being received by the Board. 7. The Chair will call on each speaker who has signed the registration form in the order upon which their name shall appear on the registration form. 8. Each speaker shall clearly state their name and address and/or election district of residence and shall be subject to a four (4) minute time limitation. The Parliamentarian shall be responsible for noting the expiration of time limits, and the Chair shall be responsible for enforcing it. If the speaker represents a group of individuals in attendance at a particular meeting, there shall be a time limit of six (6) minutes. Members of a group in attendance shall forfeit their right to speak on the same topic. For purposes of this section, a "group" shall constitute ten (10) or more individuals. No speaker shall address the Board more than once during Citizens' Comments at any single Board meeting and citizens shall not donate their unused speaking time to another speaker. Notwithstanding the time limitations stated herein, the Chairman may, at his or her discretion, allow any citizen to speak beyond the designated time limitation for a reasonable period of time in order to conclude his or her remarks. 9. There shall be no comment during Citizens' Comments on a matter for which a public hearing is scheduled during the same meeting. 10. There shall be no comment during Citizens' Comments on a matter which has already been the subject of a previous public hearing where no final vote has been taken by the Board. 11. Any issue raised by the public which the Board wishes to consider may be put on the agenda for the next Board meeting by a majority vote. 12. Public comment shall be germane to policies, affairs and services of the county government. 13. The above rules notwithstanding, members of the public may present written comments to the Board or to individual Board members at any time during the meeting. Such written comments shall be submitted through the Clerk and shall become a part of the record. SEC. 4-2. CONSENT AGENDA A. The Consent Agenda shall be introduced by a motion "to approve", and shall be considered by the Board as a single item. B. Upon the request of any Board member, an item may be removed from the Consent Agenda for consideration after approval of the remaining items on the consent agenda. SEC. 4-3. SPECIAL PRESENTATIONS Special presentations shall be for the purpose of informing the Board of matters of public interest, as well as to provide the Board an opportunity to properly recognize individuals and organizations, either public or private, for the outstanding service or work they perform for or in Isle of Wight County. Any governmental agencies or entity, organization or individual wishing to present an item to the Board shall contact the County Administrator fourteen (14) days prior to the Board's regularly scheduled meeting to seek inclusion in the Board's agenda. SEC. 4-4. CONDUCT OF MEETINGS When two or more members of the Board wish to speak at the same time, the Chair shall name the one to speak. The Chair may call a brief recess at any time. The Chair may order the expulsion of a disorderly member of the public, subject to appeal to the full Board. The Chair may automatically adjourn, without benefit of any motion or debate, any meeting of the Board. SEC. 4-5. FORM OF PETITIONS, ETC. Every petition, communication or address to the Board shall be in respectful language and is encouraged to be in writing. SEC.4-6. MOTIONS A. Mi?mbers are required to obtain the floor before making motions or speaking, which they can do while seated. B. Motions need not be seconded. C. Informal discussion of a subject is permitted while no motion is pending. D. An amended or substitute motion shall be allowed to any motion properly on the floor; it shall have precedence over an existing motion and may be discussed prior to being voted on. If the amended or substitute motion fails, the former motion can then be voted upon. If the amended or substitute motion passes, the amended or substitute motion shall be deemed the main motion and shall stand as having been passed by such vote. If an amended or substitute motion fails, a second amended or substitute motion may be made. No more than two (2) amended or substitute motions may be made. 13 E. When a motion is under debate, no motion shall be received unless it be one to amend, substitute, commit or refer for study, postpone, call for the previous question, lay on the table, or to adjourn. F. The Chair need not rise while putting questions to vote. G. The Chair can speak in discussion without rising or leaving the chair; and, can make motions and vote on all questions. H. A motion to call for the question is not in order until every member of the Board has had an opportunity to speak. I. When a vote upon any motion has been announced, it may be reconsidered on the motion of any member who voted with the prevailing side provided that such motion shall be made at the session of the Board at which it was decided. Such motion for reconsideration shall be decided by a majority of the votes of the members present. A member present at the meeting but temporarily absent during a vote may move for reconsideration. J. A motion to rescind shall not be in order for a land use decision involving a rezoning or a conditional use permit. K. A motion to adjourn shall always be in order. SEC. 4-7. DECISIONS ON POINTS OF ORDER The Chair, when presiding at a meeting of the Board, without vacating the chair, shall refer any point of order to the Parliamentarian. The Parliamentarian shall advise the Chair who shall then make a ruling on the point of order. A Board member may appeal the ruling of the Chair to the full Board which shall decide the matter by majority decision. SEC. 4-8. SUSPENDING RULES One or more of these By -Laws and Rules of Procedure may be temporarily suspended by a majority vote of the members present, or by unanimous consent. SEC. 4-9. ROBERT's RULES OF ORDER The proceedings of the Board, except as otherwise provided in these By - Laws and Rules of Procedure and by applicable state law, shall be governed by Robert's Rules of Order. ARTICLE V — PUBLIC HEARINGS SEC. 5-1. PUBLIC HEARING AUTHORIZATION The Couhty Administrator, or his/her designee, shall be authorized to set public hearings for such regular meetings as are appropriate in order to effectuate the timely consideration of matters requiring Board consideration. M SEc. 5-2. FORMAT FOR PUBLIc HEARINGS A. The following format shall be followed for all Public Hearings conducted before the Board: 1. The Chair will make a brief statement identifying the matter to be heard and verify that all legal notification requirements have been met. 2. The Chair will call upon the appropriate county staff member to present the item to be heard. Staff presentations should be concise. 3. The applicant may appear on his own behalf, or be represented by counsel or an agent. The applicant, or his counsel or agents, shall have a combined total of ten (10) minutes to speak to the application. 4. The Chair will open the floor to public comment, if any, after the applicant, or his counsel or agent, has spoken. Any private citizen may speak for or against the issue. The Clerk shall prepare a registration form for citizens to sign their name, address and/or election district of residence. The Chair shall call each speaker in the order that their name appears on the registration form. Each speaker shall clearly state his or her name, address and/or election district of residence for the record. Citizen comments are limited to four (4) minutes per citizen speaker. If the speaker represents a group of individuals in attendance at a particular meeting, there shall be a time limit of six (6) minutes. Members of a group shall forfeit their right to speak on the same topic. For purposes of this section, a "group" shall constitute ten (10) or more individuals. The applicant, or his counsel or agent, shall be given the opportunity for rebuttal, which shall last for no more than five (5) minutes. Notwithstanding the time limitations stated herein, the Chairman may, at his or her discretion, allow any citizen to speak beyond the designated time limitation for a reasonable period of time in order to conclude his or her remarks. 5. Speakers will be given a warning one (1) minute prior to the expiration of their presentation time. 6. The Parliamentarian shall be responsible for noting the expiration of time limits, and the Chair shall be responsible for enforcing it. 7. Upon the conclusion of public comments or the applicant's rebuttal, the Chair shall close the public hearing. B. When a public hearing shall have been closed by order of the Chair, no further public comments shall be received by the Board. However, any Board member may ask a question of any person who spoke during the public hearing after being recognized by the Chair to do so. C. Following the close of the public hearing, the Chair may entertain a motion to dispose of the issue and the Board may debate the merits of the issue. 15 ARTICLE 6 — AGENDA SEC.6-1. PREPARATION A. The Clerk shall prepare an agenda, at the direction of the County Administrator, for the regularly scheduled meetings conforming to the order of business specified in Section 4-1 entitled "Order of Business". B. All items which are requested to be placed on the agenda which have not been submitted within the prescribed deadline, as set by the County Administrator, shall be placed on the next regular agenda for consideration. C. Nothing herein shall prohibit the Board from adding or removing items to the agenda, provided that such a request is in the form of a motion, voted upon by a majority of the Board. Members must use discretion in requesting the addition of items to the agenda. It is considered desirable to have items listed on the published agenda. SEC. 6-2. DELIVERY OF AGENDA The Board agenda and related materials shall be received by each member of the Board and the County Attorney on the Friday before the scheduled regular meeting. The Clerk of the Board may request an adjustment to the delivery schedule due to special circumstances. SEC.6-3. COPIES The Clerk shall prepare or cause to be prepared extra copies of the agenda and shall make the same available to the public and the press in the Office of the County Administrator and on the County website. The Clerk shall also have at least one hard copy available at each regular meeting. SEC. 6-4. COMMENTS, QUERIES OF BOARD MEMBERS Board members are to observe the following rules during the discussion of agenda items: 1. The Chair shall ensure that Board comments are constructive and contain no personal attacks of staff or other Board members. 2. The Chair shall keep discussion germane to the subject. Points of clarification shall be limited to questions only. The Chair shall rule other comments out of order. 3. Board members may address questions to the County Administrator or staff member presenting at the meeting. Staff members should be at the podium when addressing Board members' questions. All legal questions should be addressed to the County Attorney. ARTICLE 7 - BOARD, AUTHORITIES, COMMISSIONS AND COMMITTEES 16 SEC. 7-1. APPOINTMENTS TO BOARDS, AUTHORITIES, COMMISSIONS & COMMITTEES Members of all boards, authorities, commissions and committees shall be appointed by a majority of the Board after review of qualifications and discussion in Closed Meeting. Proposed appointments shall be voted upon under the Appointments section of the Agenda. Appointees' terms shall run in accordance with the applicable by-laws of such boards, authorities, commission or committees to which the appointee is appointed, unless a shorter term is specified by the Board. Subject to any state law provisions to the contrary, all appointees to boards, commissions and committees serve and may be removed, with or without cause, at the pleasure of the Board. SEC.7-2. ATTENDANCE Members of any standing or ad hoc board, authority, committee or commission of the Board, or of any committee to which the Board appoints a member, shall be expected to attend every scheduled meeting of the body to which they have been appointed. It shall be the duty of the chairman of any Board of Supervisors' appointed committee to annually report to the Board, but in no event later than the Board's regular meeting in March, the level of attendance of members for that particular body for the prior calendar year. Any member of an appointed body who fails to attend a minimum of seventy-five percent (75%) of the scheduled meetings of that particular body in any given calendar year may, at the discretion of the Board, be deemed to have forfeited his or her membership on that body. In the event that the Board determines that an appointee has forfeited his or her appointment pursuant to this section, the Clerk of the Board shall notify, in writing, the appointee of his or her removal from that body based upon his or her failure to attend there required percentage of scheduled meetings and shall thank the appointee for his or her service to the community. Upon the appointment of any appointee, the Clerk of the Board shall forward to the member a copy of this section. SEC. 7-3. PLANNING COMMISSION MEMBERS ATTENDANCE Notwithstanding the foregoing provision, a member of the Planning Commission may be removed from office by the Board without limitation in the event that the commission member is absent from any three (3) consecutive meetings of the commission, or is absent from any four (4) meetings of the commission within any twelve (12) month period. In either such event, a successor shall be appointed by the Board for the unexpired portion of the term of the member who has been removed. SEC. 7-4. BY-LAWS AND RULES OF PROCEDURE OF BOARDS, AUTHORITIES, COMMISSIONS AND COMMITTEES The By -Laws and Rules of Procedure of any board, authority, commission or committee not established by state law shall be submitted to the Board for approval prior to becoming effective. 17 SEC. 7-5. ROLE OF STANDING OR AD Hoc BOARD COMMITTEES; DESIGNATED STANDING COMMITTEES; MEETING REQUIREMENTS A. The role of any standing or ad hoc committee(s) of the Board, as they may be created from time to time, shall be to review and consider all matters properly placed before them by motion of the Board. After review and consideration of such matters, the standing or ad hoc committee shall provide the Board with its formal recommendation for action through such report as may be determined appropriate by the County Administrator in the Board's regular agenda as set forth herein. B. The following standing committees are hereby created by the Board for the purposes stated: 1. Public Works — responsible for the review and recommendation of matters related trash/refuse, public buildings and fleet issues; 2. Community Development — responsible for the review and recommendation of matters related to economic development, planning and zoning, inspections and public utilities; 3. Parks, Recreation and Cultural — responsible for the review and recommendation of matters related to parks and recreation and cultural development; 4. Personnel — responsible for the review and recommendation of matters related to personnel policies and procedures, wages and benefits for public employees, oversight of the timely coordination of the County Administrator and County Attorney's performance reviews, participation in periodic review of recommendations related to the organizational structure of County departments, and participation in the review of recommendations regarding contracted services for the County; 5. Public Safety — responsible for the review and recommendation of matters related to law enforcement, fire and rescue and all support services related thereto; 6. Franklin Intergovernmental Relations --- responsible for the review and recommendation of matters related to intergovernmental operations between Isle of Wight County the City of Franklin; 7. Smithfield Intergovernmental Relations — responsible for the review and recommendation of matters related to intergovernmental operations between Isle of Wight County and the Town of Smithfield; 8. Windsor Intergovernmental Relations — responsible for the review and recommendation of matters related to intergovernmental operations between Isle of Wight County and the Town of Windsor; and 9. Joint Tourism — responsible for the review and recommendation of matters related to the efforts of the jointly funded tourism office by Isle of Wight County and the Town of Smithfield. C. No later than March 31" of each calendar year, each Standing Committee referenced in subsection B(1) through B(5) above shall hold a meeting, on a day and time agreeable to the Board members appointed thereto, to set each committee's regular meeting schedule for that calendar year. ARTICLE 8 —GENERAL OPERATING POLICY SEC. 8-1. ACTIONS BY INDIVIDUAL MEMBERS OF THE BOARD It shall be the policy of the Board that no member(s) shall exert individual action or direct any county employee or initiate any action or assert their individual preference(s) in a manner that would require a county employee to perform any action contrary to the laws, ordinances or policies of Isle of Wight County or which would require the expenditure of public funds in any amount without the approval of the Board. Further, no member of the Board shall seek nor accept more favorable treatment from county officers or employees than would be given to other members of the Board, nor attempt to influence the decisions or recommendations of county appointees, officers or employees. Notwithstanding the foregoing, each Board member may, and is encouraged, to share information with county appointees, officers and employees and to promote a positive working environment for all employees. SEC. 8-2. NUMBERING AND INDEXING OF RESOLUTIONS, ORDINANCES AND PROCLAMATIONS It shall be the responsibility of the Clerk to number and index all resolutions, ordinances and proclamations of the Board. Resolutions and proclamations shall be numbered consecutively and use the last two digits of the calendar year. For example, for the first resolution in January, 2014, the resolution number would be shown as: Resolution No. 14-01. SEC. 8-3. MINUTES OF THE BOARD The minutes of the Board meeting shall reflect the official acts of the Board and names of the public commenting during public hearings and citizen comments, as well as a summary of the Board's proceedings at each meeting. They shall reflect the issues discussed and Board comments in summary form. SEC. 8-4. AMENDING BY-LAWS These by-laws may be amended with the concurrence of two-thirds (2/3) of the members present at any meeting subsequent to the introduction of a suggested by-laws amendment. SEC. 8-5. ENACTMENT OF BY-LAWS AND RULES OF PROCEDURE No later than December 11' of each year, the County Attorney shall deliver a copy of the most recently enacted By -Laws and Rules of Procedure to each member and member -elect of the Board, soliciting any proposed changes to the same. The County Attorney shall prepare proposed amendments based on any such Board comments as directed by passage of a motion and include them in the Agenda for consideration at the Organizational Meeting. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisor voting against the motion. Supervisor Acree moved that the following Board -member Committees for 2019 be adopted, which was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisor voting against the motion. COMMITTEES MEMBER TERM EXPIRES Public Works Acree January 2020 (Trash, Bldg, Refuse, Fleet) McCarty January 2020 Community Development Grice January 2020 (ED, Planning, Inspections, Rosie January 2020 Utilities) Joint Tourism Grice January 2020 McCarty January 2020 Parks, Recreation & Jefferson January 2020 Cultural Grice January 2020 Personnel Grice January 2020 Jefferson January 2020 Public Safety Jefferson January 2020 (Fire, EM, 911, Sheriff) Acree January 2020 Intergovernmental Water & Acree January 2019 Sewer Task Force Grice January 2019 Franklin Intergovernmental Acree January 2020 Relations Rosie January 2020 Smithfield Intergovernmental Jefferson January 2020 W Relations Grice January 2020 Windsor Intergovernmental Acree January 2020 Relations Rosie January 2020 Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO ADOPT AN INVOCATION POLICY WHEREAS, legislative prayer, such as an opening invocation at a legislative meeting, has long been understood as compatible with the Establishment Clause of the U.S. Constitution; and, WHEREAS, such an invocation takes place at the opening of legislative sessions, where it is meant to lend gravity to the occasion and reflect values long part of the heritage of the United States; and, WHEREAS, an invocation that invites lawmakers to reflect upon shared ideals and common ends before they embark on the fractious business of governing serves that legitimate function and is, therefore, constitutional; and, WHEREAS, opening invocations seek peace for the nation, wisdom for its lawmakers, and justice for its people, appealing to universal values embodied not only in religious traditions but also in our founding documents and laws. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the Board hereby adopts the following policy regarding opening invocations before meetings of the Board, to wit: 1. It is the intent of the Board to allow a private citizen to solemnize the proceedings of the Board of Supervisors. It is the policy of the Board to allow for an invocation, which may include a prayer, a reflective moment of silence, or a short solemnizing message, to be offered before its meetings for the benefit of the Board. 2. Although the invocation may be listed in the program or schedule of events, it shall not be considered an agenda item for the meeting or part of the public business. 3. No member or employee of the Board or any other person in attendance at the meeting shall be required to participate in any invocation that is offered and such decision shall have no impact on the ability of the person to actively participate in the business of the Board. 4. The invocation shall be voluntarily delivered by an individual and to ensure that such person (the "Invocation Speaker") is selected on a rotating basis and from among a wide pool, the Invocation Speaker shall be selected according to the following procedure: a. The Clerk to the Board (the "Clerk") shall compile and maintain a database (the "Invocations List") of leaders of religious congregations, leaders of any assembly that periodically and regularly meets for the 21 purpose of worship or discussing their religious perspectives and benevolent organizations with an established presence in the County of Isle of Wight and citizens of the County of Isle of Wight who request to be added to the Invocation List. The Invocations List shall be compiled from all available sources including the listing for "churches," "congregations," other religious assemblies or non- religious/ non-profit organizations that are devoted to the betterment of the County and its inhabitants in databases maintained by the County, suggestions from Board members, the annual phonebook and research from the Internet. b. The policy is intended to be and shall be applied in a way that is all inclusive of every diverse religious congregation, benevolent organization and private citizens, including those who do not belong to religious congregations, of Isle of Wight County. A person's faith or an individual having no religious affiliation shall not preclude their ability to give an invocation. c. The Invocations List shall be updated, by reasonable efforts of the Clerk, in December of each calendar year. d. Within thirty (30) days of the effective date of this policy, the Clerk shall post on the Isle of Wight County website the following: The Board of Supervisors of Isle of Wight County makes it a policy to invite members of the clergy, representatives of religious and benevolent organizations in our County to voluntarily offer an invocation before the beginning of its meetings, for the benefit and blessing of the Board. Any citizen of Isle of Wight County, including those who do not belong to a religious congregation, is also invited. Any organization or individual willing to assist the Board in this regard, please send a written reply through the County's website, via email at or via U.S. mail to This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and ecumenism, the Board requests that the opportunity not be exploited as an effort to convert others to the particular faith of the Invocation Speaker, nor to disparage any faith or belief different than that of the Invocation Speaker. On behalf of the Board of Supervisors, I thank you in advance for considering this invitation. Sincerely, Clerk to the Board e. On a rotating basis, a Board member will select an Invocation Speaker, with preference to an Invocation Speaker from said Board member's election district, from the Invocations List and schedule a meeting date for the Invocation Speaker to appear. f. The Invocations List is compiled and used for purposes of logistics, efficiency, and equal opportunity for all who may themselves choose whether to respond to the Board's invitation and participate. 5. No Invocation Speaker shall receive compensation for his or her service. 6. No guidelines or limitations shall be issued regarding an invocation's content, except that the Board shall request by the language of this policy that invocations in the form of a prayer, when considered collectively, should avoid having "sectarian references" become too frequent and no invocation should proselytize 22 or advance any faith, or disparage the religious faith or non -religious views of others. 7. Invocations shall be delivered by one person and shall not exceed two minutes in length. 8. No Invocation Speaker shall be scheduled to offer an invocation at consecutive meetings of the Board, or at more than three (3) Board meetings in any calendar year. If the scheduled Invocation Speaker fails to appear, then the Board may ask for a volunteer to deliver an invocation or a Board member may deliver an invocation. 9. Neither the Board nor the Clerk shall engage in any prior inquiry, review of, or involvement in, the content of any invocation to be offered by an Invocation Speaker. 10. To clarify the Board's intentions, as stated herein above, the following disclaimer shall be posted at the entrance of the Board's meeting room in at least ten (10) point font: "Any invocation that may be offered before the official start of the Board meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Board. The views or beliefs expressed by the Invocation Speaker have not been previously reviewed or approved by the Board and do not necessarily represent the religious beliefs or views of the Board in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Board." 10. A member of the Board shall introduce the Invocation Speaker. 11. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the Board with, nor express the Board's preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the Board's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Isle of Wight County. Supervisor Rosie commented that he would like to see the Board members included in the policy so if a Board member decides to step down as a citizen, that he can also give the invocation and exercise his freedom of religion. The motion was adopted by a vote of (4-1) with Supervisors Acree, Grice, Jefferson and McCarty voting in favor of the motion and Supervisor Rosie voting against the motion. An Invocation Policy for Board -appointed Boards/Committees/Commissions will be discussed at the Board's January 17th meeting. Chairman McCarty moved that the following Board member regional appointments for 2019 be adopted. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisor voting against the motion. COMMITTEES MEMBER TERM EXPIRES Commission on Aging Grice January 2020 Social Services Board Jefferson January 2020 23 Opportunity, Inc. HREDA HRMFFA HRPDC HRTPO H RTAC Mayors/Chairs Southside Mayors/Chairs WTRJ WTWA McCarty January 2020 Grice January 2020 McCarty January 2020 McCarty January 2020 Keaton/Voting Member Acree January 2020 Keaton/Non-Voting Member Acree January 2020 McCarty January 2020 McCarty January 2020 Jefferson/McCarty Acree/Grice January 2020 Supervisor Acree expressed an interest in the ability of citizens to express their interest in serving on Board -appointed Boards/Committees/Commissions by submitting a bio or resume. The consensus of the Board was to discuss in the future that meetings of Board - appointed Boards/Committees/Commissions contain a Citizens Comments period. Chairman McCarty closed the organizational meeting. Chairman McCarty opened the work session of the Board. APPROVAL OF AGENDA/AMENDMENTS Supervisor Jefferson moved that the work session agenda be adopted as presented. The motion was adopted unanimously (5-0). COUNTY ADMINISTRATOR'S REPORT Chris Morello, Director of Economic Development, addressed the Board regarding services secured by the County in 2016 for a consulting firm to assist with efforts to recruit a large water using business to the Shirley T. Holland Intermodal Park. The need for large water users in the County was expressed by Supervisor Grice. Mr. Morello commented that the timeline of the County for supplying water, in terms of infrastructure and being able to supply the water, is approximately two years. Don Jennings, Director of Utility Services, stated the County has a short extension from the Shirley T. Holland Park to the County line, roughly one mile and the County will need to build a booster tank. 24 County Administrator Keaton reminded the Board that the County has 200,000 gallons of allocated water from the Town of Windsor which could be utilized in the interim and then the County could switch over to water from the Western Tidewater Water Authority. The Board expressed the importance of being kept apprised about other variables such as when the natural gas line will be built. Chairman McCarty directed County Administrator Keaton and staff to follow up with previously contacted, heavy water -using businesses to gauge any current interest in relocating or expanding in the Intermodal Park and return to the Board with the gathered feedback to help determine how to proceed with this matter. County Administrator Keaton addressed the Board regarding the creation of a Financial/Accounting Management Board or Committee charged with making capital project recommendations to the Board of Supervisors. Following general discussion that the proposed Committee should know the County's long-range plans and financial obligations so that it might make reasonable recommendations to the Board of Supervisors, it was the consensus of the Board that the Committee consist of the County Administrator, Assistant County Administrator, Finance Director, Commissioner of Revenue, two members from the Board of Supervisors, the School Superintendent, and a School Board member and the formation begin at the Board's January 17, 2019 meeting and that it take effect in the summer of 2019 before the next CIP. County Administrator Keaton addressed the Board regarding the hiring of a consultant to address and offer recommendations to correct the County's unfriendly business reputation. It was the consensus of the Board that County Administrator Keaton provide the Board with a report on complaints received about the Inspections Department at its January 17, 2019 meeting. // The Board tool a recess and returned. // Don Jennings, Director of Utility Services, provided a PowerPoint presentation on water usage rates versus water costs. He covered historic water rates for the years 2009 through 2018; the water cost structure for FY2015 in the total amount of $8.2 million; the purchase of water cost projection (Norfolk) for the years 2011- 2025; fixed capacity cost projection (Suffolk) for the years 2011-2025; proposed rates for 2015-2020; the cost of water per approved FY2019 budget in the amount of $7,251,250; water revenues per approved FY2019 budget in the amount of $3,477.940; that a General Fund draw is required to subsidize the difference of $3,773,210; water and sewer bill comparisons for FY2015; water and sewer bill comparisons for FY2020; and, demand/growth scenarios. 25 Supervisor Grice vocalized the need to begin marketing the County's water to customers. He recommended the implementation of a non -user fee program. Chairman McCarty voiced nonsupport of the rate continuing to be raised as senior citizens are already struggling. 11 Chris Morello, Director of Economic Development, provided an update on the juvenile justice facility in terms of the wetlands delineation finalization as shown in yellow on the map prepared by Kimley-Horn and distributed to the Board by Mr. Morello, County Administrator Keaton advised the Board that a press release has been issued and the informational meeting set to occur next week in the Town of Windsor has been advertised on the County's channel. He advised that he is in the process of determining impact to EMS and the Department of Emergency Services. He requested, and the Board concurred, that staff be authorized to work with the Economic Development Authority with regard to the land transferring process to the Virginia Department of General Services. ADJOURNMENT At 2:35 p.m., Chairman McCarty declared the work session adjourned. ( �nLNT&nz C rey IMIlls rm, Clerk William M. Mc rty, Chairman 26