01-17-2019 Regular MeetingREGULAR 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 LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT,
VIRGINIA ON THURSDAY, THE SEVENTEENTH DAY OF JANUARY IN THE YEAR TWO
THOUSAND AND NINETEEN
PRESENT:
William M. McCarty, Newport District, Chairman
Joel C. Acree, Windsor District, Vice -Chairman
Don G. Rosie, II, Carrsville District
Richard L. Grice, Smithfield District
Rudolph Jefferson, Chairman, Hardy 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 McCarty called the regular Board of Supervisors' meeting to order at
5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor Jefferson moved that the agenda be adopted as presented. The
motion was adopted unanimously (5-0).
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion
regarding the appointment of specific appointees to County boards, committees
or authorities and pursuant to Section 2.2-3711(A)(7) regarding consultation with
legal counsel pertaining to actual or probable litigation where such consultation
or briefing in open would adversely affect the negotiating or litigating posture of
the Board.
Upon motion of Supervisor Jefferson and all voting in favor, the Board entered
the closed meeting for the reasons stated by County Attorney Jones.
Upon motion of Supervisor Acree and all voting in favor, the Board reconvened
into open meeting.
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
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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 Jefferson, 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: Acree, Rosie, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Pastor Kim Shivers delivered the invocation and led the Pledge of Allegiance to
the American Flag of the United States of America.
CITIZENS' COMMENTS
David J. Dunn, President, Board of Directors, Lawnes Point on the James Property
Owners' Association, presented a request on behalf of the Association to
permanently close North and South Sycamore Drives to through traffic and that
locked gates be constructed at entrance and exits of both Sycamore Drives with
keys maintained in the office of the local fire station.
County Administrator Keaton said he would investigate the matter and advise the
Board on what needs to be done at its February 21, 2019 meeting.
Herb DeGroft of Mill Swamp Road spoke about the reported $70,000 shortfall in
the School's meals line item. He requested that the Board approve the Capital
Improvement Plan and the School budget by line item and not in a lump sum
amount.
Ed Easter of Hideaway Lane spoke about the reported $70,000 shortage in the
School's meals line item. He stated there are families with children in the County
that need help and to deny those children lunches is not a solution to the
problem.
James McCarver of Dover Court in Wellington Estates notified the Board of a
drainage problem in his yard which came about because of the County developing
a nearby trail.
County Administrator Keaton advised that the contractor is currently cleaning up
the area and he offered to request from staff the status of the cleanup effort and
advise Mr. McCarver accordingly.
Supervisor Acree commented on the recently held public meeting for the
proposed juvenile justice facility. He stated there is a misperception that the
County is rushing the project and not hearing the concerns of the citizens. He
encouraged the Board to slow the process down to allow citizens to get the facts
and hear their concerns.
Supervisor Jefferson defended County Administrator Keaton and stated that he
only does what the Board directs him to do. He stated the Town of Windsor will
receive the most benefits from the project in the form of jobs and money spent in
the Town.
Supervisor Grice emphasized the Board's transparency about this project and its
merits.
Chairman McCarty spoke about the importance of transparency and he welcomed
suggestions in which the Board could be more transparent.
CONSENT AGENDA
A. Resolution to Authorize Award Acceptance and to Accept and Appropriate
Funds received from the Commonwealth of Virginia Department of Criminal
Justice Services ($23,096) and Transfer Funds from the Grant Fund Local
Match to the 2019 V-STOP Grant ($7,699) to the Commonwealth Attorney's
Office for Services to Women Victims of Crime and a Sexual Assault
Response Team
B. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk
Management for Repairs to Sheriff's Department Vehicle ($5,356)
C. Resolution to Appropriate Animal Control Donations to the Grants Fund
Animal Control Donations Account ($9,733) from Individuals and
Organizations for the Care of Domestic Animals
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D. Resolution to Appropriate Revenues from Unsolicited and Unbudgeted
Donations from Local Citizens in the amount of $650 to the Family of
Sergeant Ronald Lee Helus
E. Minutes of September 20, 2018 Regular Meeting and October 4, 2018 Work
Session
Supervisor Grice moved that the Consent Agenda be adopted as presented. 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 Supervisors voting
against the motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Acree reported on items discussed at the most recent meeting of the
Hampton Roads Technical Advisory Committee and the Hampton Roads
Transportation Planning Organization involving potential tolls on the Hampton
Roads Bridge Tunnel and the 1-64 high rise bridge expansion.
Supervisor Jefferson reported on matters discussed at the most recent meeting of
the Western Tidewater Regional Jail Board and encouraged the County's
continued utilization of inmates.
Supervisor Jefferson advised that Rusty Jordan has been hired as the new Social
Services Director,
Chairman McCarty requested County Administrator Keaton to keep the Board
apprised of any restraints due to the shutdown of the Federal Government.
County Administrator Keaton advised that a letter has been sent to the General
Assembly requesting adoption of legislation to raise the Federal inmate cap from
76 to 120.
APPOINTMENTS
Supervisor Jefferson moved that W. Lee Duncan be reappointed to serve on the
Historical Architectural Review Committee representing the Hardy District. The
motion was adopted unanimously (5-0).
Supervisor Jefferson moved that Evelyn McCullough be reappointed to serve on
the Senior Services of Southeastern Virginia. The motion was adopted
unanimously (5-0).
Supervisor Jefferson moved that Herb DeGroft be reappointed to serve on the
Senior Services of Southeastern Virginia. The motion was adopted unanimously
(5-0)•
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Supervisor Grice moved that Shirley McGee be reappointed to serve on the
Commission on Aging representing the Smithfield District. The motion was
adopted unanimously (5-0).
Supervisor Grice moved that Cynthia Taylor be reappointed to serve on the
Planning Commission representing the Smithfield District. The motion was
adopted unanimously (5-0).
Supervisor Rosie moved that Jennifer Boykins be appointed to serve on -the
Planning Commission representing the Carrsville District. The motion was adopted
unanimously (5-0).
Chairman McCarty moved that Brenda Reynolds be reappointed to serve on the
Commission on Aging representing the Newport District. The motion was
adopted unanimously (5-0).
Chairman McCarty moved that Joshua Goodin be appointed to serve on the Board
of Building Appeals replacing David Bugin and representing the Newport District.
The motion was adopted unanimously (5-0).
Chairman McCarty moved that Rudolph Jefferson be reappointed to serve on the
Social Services Board as the Board's representative. The motion was adopted
unanimously (5-0).
COUNTY ATTORNEY'S REPORT
Responsive to action taken by the Board at its January 3, 2019 organizational
meeting to adopt an Invocation Policy for its meetings, County Attorney Jones
presented a Resolution to Adopt a Policy for Opening Invocations for Appointed
Authorities, Boards, Commissions and Committees for the Board's consideration.
Supervisor Grice moved that the following Resolution be adopted which 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:
RESOLUTION TO ADOPT A POLICY FOR
OPENING INVOCATIONS FOR APPOINTED AUTHORITIES, BOARDS, COMMISSIONS
AND COMMITTEES
WHEREAS, legislative prayer, such as an opening invocation at a legislative
meeting, has ldng 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,
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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; and,
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia formally
adopted a policy regarding opening invocations at its organizational meeting held
on January 3, 2019; and,
WHEREAS, the Board desires to adopt a policy to be followed by any County
board, authority, commission or committee which desires to offer an opening
invocation.
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, to wit:
1. In order to solemnize proceedings of any board, authority, commission or
committee appointed by the Board of Supervisors of Isle of Wight County,
Virginia, is the policy of the Board to allow for but not to mandate an invocation,
which may include a prayer, a reflective moment of silence, or a short solemnizing
message, to be offered before the meeting of any such board, authority,
commission or committee.
2. Should any such board, authority, commission or committee decide to open its
meeting with an invocation, shall adopt an invocation policy substantially similar
in nature as the policy adopted by the Board on January 3, 2019.
3. 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.
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County Attorney Jones notified the Board that he would be attending the 2019
VACo Local Government Day on January 31, 2019.
The Board took a break and returned to open session.
PUBLIC HEARINGS
Request for Real and Personal Property Tax Exemption from Mid -Atlantic
Broadband Communities Corporation
Assistant County Administrator Robertson provided an overview of the
application.
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Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed request.
Tad Deriso, President and CEO, Mid -Atlantic Broadband Communities
Corporation, appeared and requested the Board's consideration of granting real
and personal property tax exemption to Mid -Atlantic Broadband Communities
Corporation.
Mr. Deriso and Mark Varah, Chief Financial Officer, Mid -Atlantic Broadband
Communities Corporation, responded to questions from the Board regarding the
length of time it took to receive a copy of their assessment; what beneficial
functions are performed by the corporate office that merits salaries in excess of
$150,000; how this can be claimed a benevolent service while being compensated
at the same time and what is the meaning of benevolent; the number of
locations; have they communicated with the County's Director of Economic
Development; if there is opportunity for additional sites; the value in dollars in
terms of what is being provided to the schools; the amount of estimated revenue
stream from the carriers and what percentage of that is put back into the
infrastructure to keep it maintained; would Community Electric provide positive
feedback; in what ways has he worked with the County's Department of
Economic Development; where the fibers are located in the County; and, what
can they expect to save if the exemption is approved.
Chairman McCarty closed the public hearing and recommended that the matter
be tabled for further discussion.
Chairman McCarty moved that the request be tabled to the Board's February 7,
2019 work session for further discussion. 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 Supervisors voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
Responsive to Sheriff Clarke's request at the Board's work session of December
12, 2018, Supervisor Grice moved to authorize an additional full-time Animal
Control Officer and convert a current part-time Kennel Attendant position from
part-time to full-time. 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 Supervisors voting against the motion.
County Administrator Keaton advised that once the Sheriff goes through his
selection process, staff will return to the Board and advise the actual cost for the
remainder of this fiscal year and will proceed with building the cost into the
budget for the FY2020 fiscal year.
County Administrator Keaton advised that there is currently $34,224 in the Grant
Fund account for Animal Control. He advised that it is a challenge to determine
what the individuals want to see the donated funds spent on as there is not an
organized group.
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Supervisor Acree encouraged the Sheriff to work with the volunteers to find out
what they want the donated funds spent on as donations are intended to be
spent on extras and not basic items.
Supervisor Grice asked Sheriff Clarke to have a meeting with the volunteers
regarding how the donor money is to be spent.
County Administrator Keaton advised the Board that the entire old E-911 radio
system was turned off last week. He advised that the School system is not on the
new system yet but will be next.
Supervisor Acree commented that the system is an $8,000,000 public safety
investment and it is imperative that a person be online whose sole responsibility
is to be the advocate and ensure that the system is operating to the standards set
by Motorola.
The Board recessed and returned to open session.
The following individuals were recognized as recipients of the Caught You Caring
Awards for the Second Quarter of FY2018-19: Amber Johnson; Tyler Butler,
Frances Jewell; Renee Allen -Stallings; Shelby Hamilton; Steven Henson; Inga
Johnson; Virginia Branch; Herb Finch; Jenilee Hallman; Janette Jeffrey; Jarvis
Brannon; Benjamin Bowen; Jonas Carpenter; Faye Drewery; DeAnna Lawrence;
Dan Wilson; Robert Flood; Bobbi Donnelly; Ellen Powell; Dave Kuzma; Melissa
Lindgren; Tory Rowland; Connie Chapman; Bill Hanlon; Robert Cox, Ana Montiel;
Georgine Koenig; Deborah Duncan; Kathy Mountjoy; and, Theresa Frantz.
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Matters for the Board's information were highlighted by County Administrator
Keaton.
Supervisor Grice requested that the Board look at restricted and other bond
issues for the 12,000,000 in the Capital Improvements Plan.
UNFINISHED/OLD BUSINESS
Application of Jeremy H. and Lucy M. Kooiman, Owners, for an Exception to the
Chesapeake Bay Preservation Area Ordinance Under Article 5, Section 5002 to
Place a 16x16-Square-Foot Garden Shed in the Resource Protection Area (RPA)
and to Allow for a Mitigation Landscaping Reduction at 214 Shivers Mill Lane,
Carrollton
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Kim Hummel, Environmental Planner, provided a brief overview of the
application.
Supervisor Grice moved that the application be approved. The shed now brings
the coverage limit up to 5,343 square feet, along with the limitation of the
landscaping. 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
Supervisors voting against the motion.
NEW BUSINESS
At its meeting on January 3, 2019, the Board briefly discussed the potential of
creating a financial/accounting management committee to look at the long-term
implications of the County's capital program and to determine the best strategies
for funding said program. Said Committee is to consist of two (2) members of the
Board of Supervisors, the Commissioner of the Revenue, the County
Administrator, the Assistant County Administrator, and the Director of Finance
with the School Superintendent and a member of the School Board being ad hoc
members.
Supervisor Grice requested that the current Board Chairman be a member and
Supervisor Rosie requested that representatives from the Sheriff's office and
emergency services be added for consideration by the Board at its February 17,
2019 meeting.
The consensus of the Board was to direct County Administrator Keaton to develop
a resolution for consideration of the Board at its February meeting.
On the subject of modifications to the Benn's Grant Payment Agreement, County
Administrator Keaton briefed the Board on a payment agreement entered into by
the County with Benns Church Properties and EW - Benn's Church, LLC for the
payment of proffers associated with the development of the Benns Grant
subdivision. He presented a request for an extension of the deadline for all
payments due from January 15, 2019 to June 20, 2019. In consideration of the
time extension, interest on the outstanding balance will be paid at an annualized
rate of 5%.
Supervisor Jefferson moved to authorize execution of modifications to the
Agreement. 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
Supervisors voting against the motion.
ADJOURNMENT
At 9:15 p.m., Chairman McCarty declared the meeti jvtm
William M. Mcc`a`tty, Chairman
Car Its St r , Clerk
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