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10-15-2020 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 FIFTEENTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND TWENTY PRESENT: Joel C. Acree, Windsor District, Chairman Richard L. Grice, Smithfield District, Vice -Chairman Don G. Rosie, II, Carrsville District Rudolph Jefferson, Hardy District William M. McCarty, Newport District ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Amber Johnson, Deputy Clerk CALL TO ORDER Chairman Acree called the regular Board of Supervisors' meeting to order at 5:00 p.m. APPROVAL OF AGENDA/AMENDMENTS Supervisor McCarty moved to approve the agenda as presented. The motion was unanimously adopted (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 and performance of specific appointees to County boards, committees, or authorities to include the Board of Building Appeals, the Commission on Aging, the Monument Task Force, and the Historical Architectural Review Committee and pursuant to Section 2.1-3711(A)(7) concerning consultation with legal counsel regarding actual litigation regarding International Paper where such consultation would adversely affect the negotiating or litigation posture of this public body. Upon motion of Supervisor Jefferson and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Jones. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) 1 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 Jefferson and all voting in favor (5-0), 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, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Bishop Johnson delivered the invocation and led the Pledge of Allegiance to the flag of the United States of America. CITIZENS' COMMENTS Bob Fry, representing the Western Tidewater Free Clinic, thankfully acknowledged the County's past contributions and shared with the Board what was done with the County's contribution. Wendy Hazelett spoke on southern heritage preservation. She advised that the Shenandoah Valley Battlefields Foundation considers memorials to be historic and 2 worthy of protection and is opposed to the wholesale eradication or removal of plaques, memorials and other public honors associated with the history and heritage of the United States. Derek Boone addressed the Board regarding needed improvements to recreational facilities in the County. Chairman Acree requested County Administrator Keaton to contact the School Superintendent and relay Mr. Boone's comments. CONSENT AGENDA A. Resolution to Amend the FY 2020-21 Grant Fund Budget and Appropriate Funding from the Virginia Department of Motor Vehicles Alcohol Enforcement Program ($21,600) B. Resolution to Amend the FY2020-21 Grant Fund Budget and Appropriate Funding from the Virginia Department of Motor Vehicles Speed Enforcement Program ($5,736) C. Resolution to Amend the FY2020-21 Budget and Restrict and Appropriate Fund Balance for Coronavirus Response ($1,800,000) Supervisor McCarty moved to approve the Consent Agenda as presented. The motion was unanimously adopted (5-0). REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Rosie reported on items discussed at the most recent meeting of the Hampton Roads Military & Federal Facilities Alliance concerning impacts to the region related to COVID-19. Supervisor McCarty reported on items discussed at the most recent meeting of the Hampton Roads Transportation Planning Organization and the Hampton Roads Planning District Commission regarding how traffic will flow once the expansion is completed to the Hampton Roads Bridge Tunnel and on the importance of continuing to move forward as a region as it relates to the harnessing of wind energy. At the request of Chairman Acree, Vice -Chairman Grice reported on the project underway near Battery Park which is located within the Smithfield Town limits. APPOINTMENTS Chairman Acree moved to appoint Phillip Upton to the Board of Building Appeals. The motion was unanimously adopted (5-0). tJ SPECIAL PRESENTATIONS Lisa Betterton, Voter Registrar, provided a briefing on mail -in ballots and the voting process for the upcoming election. COUNTY ATTORNEY'S REPORT County Attorney Jones advised that Article 3, Section 3-2 of the Board's By-laws allows for the Board to appoint a Deputy Clerk to fill in in the absence of the Clerk. Vice -Chairman Grice moved to appoint Amber Johnson as the Deputy Clerk. The motion was unanimously adopted (5-0). PUBLIC HEARINGS A. Amendments and Revisions of Chapter 10- Licenses and Chapter 15 - Taxation of the Isle of Wight County code of Ordinances. County Attorney Jones provided an explanation of the recommended revisions and amendments identified by staff. Chairman Acree opened the public hearing and called for those who wished to speak in favor of or in opposition to the proposed amendments. Chairman Acree closed the public hearing and called for comments from the Board. Supervisor Jefferson moved to approve the amendments and revisions of Chapter 10 — Licenses and Chapter 15 — Taxation of the Isle of Wight County Code. The motion was unanimously adopted (5-0). B. Conveyance of Property Located on Cedar Grove Road and Deep Water Way County Attorney Jones advised that an adjoining property owner to land owned by the County located on Cedar Grove Road and Deep Water Way has offered to purchase said property consisting of approximately .44 acres (Tax Map Parcel Number 341-1-01-000A) for $5,000. He advised that the public hearing to consider the approval of the transfer of property has been properly advertised for tonight. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed conveyance. No one appeared and spoke. Chairman Acree closed the public hearing and called for comments from the Board. !I Supervisor McCarty moved to approve execution of documents for the sale of County -owned property located on Cedar Grove Road and Deep Water Way. The motion was unanimously adopted (5-0). COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton advised that information was recently received from all three of the credit rating agencies relative to its bond ratings. He advised that Fitch Ratings, Moody's Investors Service, and Standard & Poor's Global Ratings affirmed the County's excellent credit ratings of AA, Aa2, and AA+ respectively which will allow the County to continue to receive very favorable interest rates resulting in significant savings to taxpayers over the life of the bonds. The Board took a recess and reconvened its meeting. UNFINISHED/OLD BUSINESS Don Jennings, Director of Utilities, briefed the Board on proposed water source options for the new Hardy Elementary School when it is completed. Regarding the Board's direction at its work session of October 1, 2020, Mr. Jennings advised that he has had a brief discussion with a representative of Smithfield Foods but not received an answer regarding how much water can be withdrawn under Smithfield Foods' current permit. Other water source options include a new well or extend the waterline from the Town of Smithfield. He stated staff's recommendation is to extend the Town water system to provide water to Hardy Elementary School and as a future water source to extend to three (3) communities. Supervisor Grice moved to continue exploring the Hardy Elementary School water supply by extending the Town of Smithfield water system to provide water to the school and as a future water source to extend to three communities and including Smithfield Foods' needs as an option. The motion was unanimously adopted (5-0). Assistant County Administrator Robertson reviewed a draft legislative strategy for inclusion in the County's 2021 Legislative Agenda with the Board which includes an issue proposing an additional penny on the sales tax for educational purposes and support of HB1052. Supervisor McCarty requested Assistant County Administrator Robertson to draft language pertaining to protection for second amendment rights and outfall structures. 5 Assistant County Administrator Robertson briefed the Board on the progress made by the Monument Task Force at its first meeting on October 7, 2020 and advised that they will be meeting again on October 211t and will be reporting its findings/recommendations back to the Board by December 1, 2020. NEW BUSINESS County Administrator Keaton requested the Board designate an Authorized Voting Delegate and Authorized Alternate Delegate for the upcoming 2020 Annual Business Meeting of the Virginia Association of Counties being held on November 11, 2020 Chairman Acree moved to designate Supervisor McCarty as the Authorized Voting Delegate and Supervisor Jefferson as the Authorized Alternate Delegate at the 2020 VACo Annual Business Meeting. The motion was unanimously adopted (5-0). County Administrator Keaton advised that the Western Tidewater Regional Jail Authority (WTRJA) is in the process of refunding/refinancing bonds in the amount of $6,580,000 in an effort to save funding by taking advantage of historically low interest rates. While there is minimal risk to the County, it is noted that financing of the proposed bonds requires a "moral obligation" pledge by each of the member jurisdictions (Cities of Franklin and Suffolk and the County of Isle of Wight) to pay its pro rata share of any debt service on the 2020 Bonds for which the WTRJA's net revenues are insufficient. Supervisor Jefferson moved to adopt the following Resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA APPROVING THE ISSUANCE OF REVENUE REFUNDING BONDS BY THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY A. The Western Tidewater Regional Jail Authority (the "Authority") was created pursuant to Article 3.1, Chapter 3, Title 53.1 of the Code of Virginia of 1950, as amended, by the City of Franklin, Virginia, the County of Isle of Wight, Virginia, and the City of Suffolk, Virginia (collectively, the "Member Jurisdictions"). B. As authorized by a resolution adopted by the board of directors of the Authority on October 14, 2020, the Authority proposes to issue its revenue refunding bonds in an aggregate principal amount of up to $6,580,000 (the "2020 Bonds") for the purpose of (a) refunding the Authority's Revenue Refunding Bond, Series 20148, issued on May 9, 2014 and its Revenue Bond, Series 2015, issued on August 11, 2015 (collectively, the "Refunded Bonds"); and (b) paying the costs of issuing the 2020 Bonds. C. The goal of the Authority in refunding the Refunded Bonds is to secure debt service savings for the Authority and the Member Jurisdictions. 0 D. The financing of the 2020 Bonds requires a "moral obligation" pledge by each of the Member Jurisdictions to pay its pro rata share of any debt service on the 2020 Bonds for which the Authority's net revenues are insufficient. E. Section 4.1(b) of the Amended and Restated Service Agreement dated as of April 15, 2011 (the "Service Agreement"), by and among the Authority and its Member Jurisdictions sets forth provisions for actuating the moral obligation pledge. F. Section 5.9 of the Service Agreement requires the consent of each of the Member Jurisdictions to the issuance by the Authority of the 2020 Bonds. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia (the "County"), that: 1. The County hereby consents to the Authority's issuance of the 2020 Bonds for the purposes described in Recitals B and C above, subject to the adoption of similar resolutions by the governing bodies of the other Member Jurisdictions. 2. The County hereby pledges and agrees that if during any fiscal year the Authority lacks sufficient funds to pay scheduled debt service on the 2020 Bonds or any other bonds issued in accordance with the Service Agreement, or to fulfill any debt service reserve funding requirements, the County will pay, subject to the conditions contained in Section 4.1(b) of the Service Agreement and the limitations set forth below, a portion of such insufficiency equal to its pro rata share as determined pursuant to Section 3.2 of the Service Agreement. Any such payment will be subject to the appropriation of funds by the Board of Supervisors of the County and shall constitute a moral, non-binding payment obligation. In no event shall the obligation of the County under Section 4.1(b) of the Service Agreement be deemed to constitute a debt within the meaning of the Constitution of Virginia. 3. This resolution shall take effect immediately. The motion passed unanimously (5-0). County Attorney Jones requested a closed meeting pursuant to Section 2.2-3711 (A)(1) to discuss the appointment or performance of specific appointees concerning the Monument Task Force. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Jones. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) 7 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 Jefferson and all voting in favor (5-0), 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, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 County Attorney Jones was requested by Chairman Acree to read out loud an email from Albert Burckard, a member of the Monument Task Force County Attorney Jones advised that the email he is about to read is an email sent from Albert Burckard on October 27th to three members of the Monument Task Force. The subject is the Confederate Memorial Task Force. "Volpe you did very well tonight and thanks for being our point man. I am somewhat constrained because I have to represent the IWCHS. I know you are disappointed in the responses of Derek, Raymond and Lilton. Their entire argument against the memorial was that it offended them, or their feelings were hurt by the sight of it. Derek is a shouter and Lilton is a filibusterer. All three of them are trying to make this a racial issue which it is not. It is about respecting the history of others. Becky Mercer, as much as I really love her for being crucial in helping my son graduate, is a K typical white government school person. I want to say to all of the black men to stop whining, man up and stop pretending that you are a victim of a 115 -year-old piece of granite. I might make this little speech at our next meeting. The two hours this evening was spent almost exclusively on moving the monument. Our next meeting must focus on our second task of contextualizing in place. Albert" It was the consensus of the Board that the contents within Mr. Burckard's email would jeopardize the ability of the Monument Task Force to continue its mission and fulfill its responsibilities to provide good feedback and information to this Board. Supervisor McCarty moved to remove Albert Burckard from the Monument Task Force. The motion passed unanimously (5-0). Supervisor Grice moved to appoint Joan Jones to the Monument Task Force. The motion passed unanimously (5-0). ADJOURNMENT At 9:00 p.m., Chairman Acree declared the meeting adjourned. CareY UW Sto r�m, Clerk I Richard L. trice, C airman