1-2-2020 Organizational MeetingORGANIZATIONAL 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 SECOND DAY OF JANUARY IN THE YEAR
TWO THOUSAND AND TWENTY
PRESENT:
William M. McCarty, Newport District
Joel C. Acree, Windsor District
Don G. Rosie, II, Carrsville District
Richard L. Grice, Smithfield District
Rudolph Jefferson, 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 organizational meeting to order at 11:00 a.m.
INVOCATION
Mason McCarty, Youth Pastor at Healing Waters Church, delivered the invocation
and led the Pledge of Allegiance to the American Flag.
Chairman McCarty turned the meeting over to County Administrator Keaton who
called for nomination of a Chairman for 2020.
Supervisor Jefferson moved that Supervisor Acree be elected as Chairman of the
Board for calendar year 2020. 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 turned the meeting over to Chairman Acree.
Chairman Acree called for nomination of Vice Chairman of the Board for 2020.
Supervisor McCarty moved that Supervisor Grice be elected as Vice Chairman of
the Board for calendar year 2020. 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.
Supervisor McCarty moved that Carey Mills Storm be appointed as Clerk of the
Board for calendar year 2020. 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.
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Supervisor McCarty moved that the following Resolution to Establish the Regular
Meeting and Work Session Schedule for 2020 be adopted as amended:
RESOLUTION
Thursday, January 2nd
11:00 a.m.
Organizational
Thursday, January 2nd
Following Organizational/Work
Session
Thursday, January 16th
5:00 p.m.
Regular Meeting
Thursday, February 13th
6:00 p.m.
Work Session
Thursday, February 27th
5:00 p.m.
Regular Meeting
Thursday, March 5th
6:00 p.m.
Work Session
Thursday, March 19th
5:00 p.m.
Regular Meeting
Thursday, April 2nd
6:00 p.m.
Work Session
Thursday, April 16th
5:00 p.m.
Regular Meeting
Thursday, May 7th
6:00 p.m.
Work Session
Thursday, May 21st
5:00 p.m.
Regular Meeting
Thursday, June 4th
6:00 p.m.
Work Session
Thursday, June 18th
5:00 P.M.
Regular Meeting
Thursday, July 16th
3:00 p.m.
Work Session and Regular Meeting
Thursday, August 6th
6:00 p.m.
Work Session
Thursday, August 20th
5:00 p.m.
Regular Meeting
Thursday, September 3rd
6:00 p.m.
Work Session
Thursday, September 17th
5:00 p.m.
Regular Meeting
Thursday, October 1st
6:00 p.m.
Work Session
Thursday, October 15th
5:00 p.m.
Regular Meeting
Thursday, November 5th
6:00 p.m.
Work Session
Thursday, November 19th
5:00 p.m.
Regular Meeting
Thursday, December 10th
3:00 p.m.
Work Session
Thursday, December 10th
5:00 p.m.
Regular Meeting
Thursday, January 7, 2021
11:00 a.m.
Organizational
Thursday, January 7, 2021
Following Organizational/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 Supervisors voting
against the motion.
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County Administrator Keaton requested the Board to check their respective
calendars and advise of any conflicts with proposed budget meetings on April Stn
and April 23rd and budget adoption on May 14th.
Vice Chairman Grice requested that Intergovernmental Relations Committee
meetings be placed on the Board's calendar.
Chairman Acree requested future meetings involving large projects be conducted
at the Windsor Town Center.
Regarding Westside Elementary School, it was the consensus of the Board that its
Chair and Vice Chair conduct a meeting with school representatives to discuss the
preliminaries associated with Westside Elementary School and return to the
Board with the results of that meeting.
Staff was directed to provide the Board with a revised meeting calendar.
Invocations are to remain the same.
County Attorney Jones introduced the Board's By -Laws and Rules of Procedure for
Calendar Year 2020 for consideration.
Supervisor McCarty moved that the following By-laws and Rules of Procedure for
calendar year 2020 be adopted:
ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
BY-LAWS AND RULES OF PROCEDURE
Revised and Adopted January 2, 2020
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 and 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
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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
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 (3rd) 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
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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 stated 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.
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 (1St) 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
year.
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:
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
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4. Appoint Board members to standing and ad hoc committee;
and
5. Conduct any other necessary business as determined by a
majority vote of the Board.
SEC. 2-7. PROCEDURE FOR ELECTION OF OFFICERS
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.
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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 Act.
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.
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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.
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
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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:
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;
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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
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.
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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.
ARTICLE 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)
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.
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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
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.
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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
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A. Members 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.
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
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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 County 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.
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.
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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.
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
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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
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.
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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.
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 31St 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
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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. 8-6. ENACTMENT OF BY-LAWS AND RULES OF PROCEDURE
No later than December 1st 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 Supervisors voting
against the motion.
County Attorney Jones was requested to obtain a green/yellow/red lighting
system to be used during Citizens' Comments period.
Chairman Acree called for appointments to the various Board Member
Committees for 2020.
Under Intergovernmental Water & Sewer Task Force, Supervisor McCarty moved
that Chairman Acree and Supervisor Grice be appointed. 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.
Under Community Development, Supervisor McCarty moved that Vice -Chairman
Grice and Supervisor Rosie be appointed. 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.
Under (ED, Planning, Inspections, Utilities), Supervisor McCarty moved that
Supervisor Grice be appointed. The motion was adopted by a vote of (5-0) with
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Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Under the Hampton Roads Workforce Council, Supervisor McCarty moved that
Supervisor Grice be appointed. 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.
Under Joint Tourism, Supervisor McCarty moved that Supervisor Jefferson be
appointed. 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.
Under Joint Tourism, Vice -Chairman Grice moved that Supervisor McCarty be
appointed. 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.
Under the Stormwater Advisory Committee, Supervisor Jefferson moved that
Vice -Chairman Grice be appointed. 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.
Under the Stormwater Advisory Committee, Vice -Chairman Grice moved that
Supervisor McCarty be appointed. 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.
Under the Capital Improvements Plan, Supervisor McCarty moved that Vice -
Chairman Grice be appointed. 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.
Under Public Works (Trash, Bids., Refuse, Fleet), Supervisor McCarty moved that
Chairman Acree be appointed. 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.
Under Public Works (Trash, Bids., Refuse, Fleet), Vice -Chairman Grice moved that
Supervisor McCarty be appointed. 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.
Under Public Safety (Fire, EM, 911, Sheriff), Supervisor McCarty moved that
Chairman Acre and Supervisor Jefferson be appointed. 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.
Under the Commission on Aging, Supervisor McCarty moved that Vice -Chairman
Grice be appointed. The motion was adopted by a vote of (5-0) with Supervisors
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Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Under Parks, Recreation & Cultural, Vice Chairman Grice moved that Supervisors
McCarty and Jefferson be appointed. 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.
Under the Personnel Committee, Vice -Chairman Grice moved that Supervisors
McCarty and Jefferson be appointed. 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.
Special Needs Taskforce: Supervisor McCarty moved that Chairman Acree and
Supervisor Rosie be appointed. 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.
Under the Smithfield Intergovernmental Relations, Chairman Acree moved that
Vice -Chairman Grice and Supervisor Jefferson be appointed. 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.
Chairman Acree called for Board member regional appointments.
Under the Hampton Roads Transportation Planning Organization/Hampton Roads
Transportation Accountability Commission, Supervisor McCarty moved that Vice -
Chairman Grice be appointed. 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.
Under the Hampton Roads Military and Federal Facilities Alliance, Supervisor
McCarty moved that Supervisor Rosie be appointed. 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.
Under the Hampton Roads Planning District Commission, Vice Chairman Grice
moved that Supervisor McCarty be appointed. 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.
Under the Western Tidewater Regional Jail, Supervisor Jefferson that Supervisor
McCarty be appointed. 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.
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Under the Western Tidewater Regional Jail, Supervisor McCarty moved that
Supervisor Jefferson be appointed. 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.
Under the Western Tidewater Water Authority, Supervisor McCarty moved that
Vice -Chairman Grice be appointed. 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.
Under the Western Tidewater Water Authority, Vice -Chairman Grice moved that
Chairman Acree be appointed. 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.
Under the Social Services Board, Supervisor McCarty moved that Supervisor
Jefferson be appointed. 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.
APPROVAL OF AGENDA
Supervisor McCarty moved that the agenda be approved 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.
The Board took a break.
COUNTY ADMINISTRATOR'S REPORT
Jamie Oliver, Transportation Planner, provided an update of transportation
projects related to the Smithfield sidewalk; Nike Park Trail Segments 1 and 2;
Turner Drive turn lane; Shiloh Drive sidewalk; Rattlesnake Trail pave in place; turn
lanes and pedestrian improvements at the Dairy Queen intersection at Routes
460 and 258; Nike Park extended from Reynolds to Route 17; Woody Acres Way
paving; Ashby Way East paving and street acceptance; Shirley T. Holland traffic
impact analysis; Route 620 & 603 reconstruction; Nike Park Trail connector;
Bartlett intersection improvements; Route 17 and Smith's Neck Road pedestrian
crossings; Clydesdale Road paving; Smithfield Station pedestrian crossing;
Reynolds Drive shoulder improvements; Great Springs Road drainage study; and,
the Route 17 corridor preservation.
Supervisor Rosie requested maintenance at the entrance into the Route 58/258
corridor into Franklin where there are unsightly trees and shrubs.
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Supervisor McCarty requested assistance in improving the unpaved road located
near Sugar Hill Road in Carrollton.
Supervisor Grice requested assistance in getting the storm water facility in
Smithfield located past the Royal Farms Station transferred to the Town of
Smithfield.
Sharon Jones, Clerk of Circuit Court, presented a request for additional staffing for
the Clerk of Circuit Court's office.
County Administrator Keaton was directed to have the cost associated with
funding the requested position for the Board's consideration at its January 16,
2020 meeting.
Vice Chairman Grice requested County Attorney Jones to investigate potential
avenues for State funding of this position.
Noting that she would be retiring February 1, 2020, Ms. Jones requested that the
Board run a special election along with the general election in November 2020.
County Attorney Jones advised that matter can be further discussed at the
Board's January 16, 2020 regular meeting regarding when the Board desires to
ask the Circuit Court to set the special election, either on the November general
election date or some other date.
Supervisor Grice requested County Attorney Jones to outline the organizational
flow of the County courts in relation to the Supreme Court, to include how the
finances flow and who is the Chairman of the State Compensation Board and how
the County can approach that Board.
A County -wide redistricting overview of the last redistricting was provided by
Assistant County Administrator Robertson.
A copy of Board comments/recommendations from the previous Redistricting
Committee are to be sent electronically to Chairman Acree.
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, committee or authorities; pursuant to Section 2.2-3711(A)(1)
regarding the performance of a specific County employee, namely the County
Attorney.
00
Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
entered the closed meeting for the reason 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)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain
confidential, as provided under the Virginia Freedom of Information Act, and that
such matters as were discussed in closed meeting should not be acted upon or
discussed in public by any participant unless and until a public, formal action of the
Board of Supervisors is taken on that particular subject matter.
Upon motion of Supervisor McCarty, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of
the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this
Board of Supervisors that such closed meeting was conducted in conformity with
Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Rosie, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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ADJOURNMENT
At 2:05 p.m., Chairman Acree declared the meeting adjourned.
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Joel C. Acree, an