5-28-2020 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 TWENTY --EIGHTH DAY OF MAY IN THE YEAR TWO
THOUSAND AND TWENTY
PRESENT:
Joel C. Acree, Windsor District, Chairman
Richard L. Grice, Smithfield District, Vice Chairman
Rudolph Jefferson, Hardy District
William M. McCarty, Newport District
Don G. Rosie, II, Carrsville District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey Mills Storm, Clerk (Via Video)
CALL TO ORDER
Chairman Acree called the meeting to order at 5:00 p.m.
APPROVAL OF AGENDA/AMENDMENTS
Upon motion of Supervisor Jefferson, the agenda was approved as amended with
the addition of an update under the County Administrator's report concerning the
County's allocation to the Schools from CARES Act funding for the purchase of
Chrome books for the County's middle schools and a discussion under New
Business regarding a future work session. The motion was adopted by unanimous
vote (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in
favor of the motion and no Supervisors voting against the motion.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones: Pursuant to Section 2.2-3711(A)(1) concerning a discussion
regarding the appointment of specific appointees to County boards, committee or
authorities; pursuant to Section 2.2-3711(a)(3) concerning a discussion regarding
the disposition of real property for public purposes, where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy of
the Board, pursuant to subsection 3; pursuant to Section 2.2-3711(A)(8)
concerning consultation with legal counsel employed or retained by the Board
regarding specific legal matters requiring the provision of legal advice by such
counsel including (a) Article VIII of the County Policy Manual regarding code
enforcement and (b) standards of review of conditional uses and modification of
conditions, all pursuant to subsection; and, pursuant to Section 2.2-3711(A)(7)
concerning a discussion or consideration of the investment of public funds where
competition or bargaining is involved, where, if made public initially, the financial
interest of the County would be adversely affected.
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)
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 Rosie 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
Supervisor Rosie delivered the invocation and led the allegiance to the American
2
Flag of the United States of America.
CITIZENS' COMMENTS
Herb DeGroft, Hardy District, addressed the Board regarding the review of the
School Board's written school crisis emergency management and medical
emergency response plan. He requested the Board to enact a resolution joining
the School's crisis management planning team's annual review of the County's
nine school's crisis management plans.
Responsive to Vice -Chairman Grice's inquiry if a Board member could be assigned
to a review committee of the school division, County Attorney Jones advised that
he has a concern which needs further investigation about an elected body
appointing an elected local government official who is responsible for their
budget seems problematic. He stated that needs to be addressed prior to the
Board taking any sort of action.
Supervisor Rosie requested that the School Superintendent consider adding Herb
DeGroft to the panel charged with review of the individual school audits.
CONSENT AGENDA
A. Resolution to Adopt the Revised Emergency Operations Plan
B. Minutes
April 9, 2020 Budget Work Session Minutes
April 16, 2020 Regular Meeting Minutes
April 23,2020 Work Session & Budget Public Hearing Minutes
April 30, 2020 Work Session Minutes
May 7, 2020 Work Session Minutes
Supervisor McCarty moved that the Consent Agenda be adopted as presented.
The motion was adopted by unanimous vote (5-0) with Supervisors Acree, Grice,
McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors
voting against the motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor McCarty reported that the Hampton Roads Transportation
Accountability Commission had voted to move forward with a $800 million cap on
bond issues.
County Administrator Keaton provided an update on the Navy's project as
discussed at the most recent meeting of the Southeastern Public Service
Authority.
91
APPOINTMENTS
Supervisor McCarty moved that Don Robertson be reappointed to serve on the
Chamber of Commerce. The motion was adopted by unanimous vote (5-0) with
Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the
motion and no Supervisors voting against the motion.
Vice -Chairman Grice moved that Denise Tynes be appointed to represent the
Smithfield District on the Blackwater Regional Library Board. The motion was
adopted by unanimous vote (5-0) with Supervisors Acree, Grice, McCarty,
Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Acree moved that George Rawls be reappointed to represent the
Windsor District on the Board of Zoning Appeals. The motion was adopted by
unanimous vote (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie
voting in favor of the motion and no Supervisors voting against the motion.
SPECIAL PRESENTATIONS
Jamie Oliver, Transportation Manager, provided an update on ongoing projects
and maintenance of roadways in the County.
Responsive to Supervisor Jefferson, Ms. Oliver offered to relay to VDOT that mud
has washed back into the previously cleaned ditches on Burwell's Bay and
Bethany Church roads.
PUBLIC HEARINGS
Chairman Acree opened the public hearing on the Resolution to Approve the
VDOT FY 2021-2026 Secondary Six -Year Improvement Plan.
Ms. Oliver represented the Secondary Six -Year Improvement Plan is reviewed and
approved by the Board in conjunction annually with VDOT each fiscal year.
Chairman Acree called for persons to speak in favor of or in opposition to the
proposed Plan.
No one appeared and spoke.
County Attorney Jones notified the Board that he received a letter today from
Douglas Chesson dated May 21, 2020 who asked that improvements to the
outside lanes of Route 460 be considered a high priority.
Chairman Acree closed the public hearing.
Supervisor McCarty moved to adopt the following Resolution:
0
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO
APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S
SECONDARY SIX-YEAR IMPROVEMENT PROGRAM FOR FY 2021 THROUGH FY 2026
WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provide
the opportunity for each county to work with the Virginia Department of
Transportation (VDOT) in developing a Secondary Six -Year Improvement Program
(SSYIP); and,
WHEREAS, this Board has held a public hearing on the proposed Plan (FY 2021 -FY
2026), in accordance with VDOT policies and procedures, on May 28, 2020 and all
citizens of the County had the opportunity to make comments and
recommendations concerning the proposed Program; and,
WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred
with the proposed SSYIP (FY 2021 -FY 2026).
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Isle of Wight Virginia that the Secondary Six -Year Improvement Program for FY
2021-2026 is hereby approved, as presented at the public hearing.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to execute all Program documents and make such
accounting adjustments and execute such agreements and contracts for projects
as necessary to proceed with the Program as approved.
The motion was adopted by unanimous vote (5-0) with Supervisors Acree, Grice,
McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors
voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
Responsive to a request by Superintendent Thornton on behalf of the School
Board that the County allocate $463,000 in CARES Act funding to the schools for
the purchase of Chrome books for use by middle school students, a public hearing
will be conducted by the Board at its June 2020 meeting due to the requested
amount exceeding 1% of the budget. Further, staff is to develop an appropriation
resolution for consideration by the Board.
Responsive to a request by Vice -Chairman Grice, County Administrator Keaton
offered to set up a meeting between the Board of Supervisors and the School
Board in early June 2020.
Superintendent Thornton briefed the Board regarding progress related to the
building of a new Hardy Elementary School.
County Administrator Keaton provided an overview of the reopening plan of
County offices to the public due to COVID-19.
H
5
Following a break, County Administrator Keaton briefed the Board on the
fireworks show planned at Heritage Park. He advised that registration for
summer camp will begin on Monday, July 6, 2020
UNFINISHED/OLD BUSINESS
County Attorney Jones recommended that the Emergency Ordinance to
Effectuate Temporary Changes in Certain Deadlines and to Modify Public Meeting
and Public Hearing Practices and Procedures to Address Continuity of Operations
Associated with Pandemic Disaster be adopted.
Vice -Chairman Grice moved to adopt the following Ordinance:
EMERGENCY ORDINANCE TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN
DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES
AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH
PANDEMIC DISASTER
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order
Fifty -One declaring a state of emergency for the Commonwealth of Virginia
arising from the novel Coronavirus (COVID-19) pandemic; and,
WHEREAS, Executive Order Fifty -One acknowledged the existence of a public
health emergency which constitutes a disaster as defined by Virginia Code § 44-
146.16 arising from the public health threat presented by a communicable
disease anticipated to spread; and,
WHEREAS, Executive Order Fifty -One ordered implementation of the
Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia
Emergency Operations Center to provide assistance to local governments, and
authorization for executive branch agencies to waive "any state requirement or
regulation" as appropriate; and,
WHEREAS, on March 13, 2020, the President of the United States declared a
national emergency, beginning March 1, 2020, in response to the spread of
COVID-19; and,
WHEREAS, on March 11, 2020, the World Health Organization declared the
COVID-19 outbreak a pandemic; and,
WHEREAS, on March 19, 2020, the Isle of Wight County Board of Supervisors (the
"Board") confirmed the declaration of local emergency made by the local director
of emergency management on March 13, 2020; and,
WHEREAS, the Board finds that COVID-19 constitutes a real and substantial threat
to public health and safety and constitutes a "disaster" as defined by Virginia
Code §44-146.16 being a "communicable disease of public health threat;" and,
R
WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary
provision of law, a locality may, by ordinance, provide a method to assure
continuity of government in the event of a disaster for a period not to exceed six
months; and,
WHEREAS, Virginia Code § 44-146.21(C) further provides that a local director of
emergency management or any member of a governing body in his absence may
upon the declaration of a local emergency "proceed without regard to time-
consuming procedures and formalities prescribed by law (except mandatory
constitutional requirements) pertaining to performance of public work;" and,
WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural
requirements including public notice and access, that members of Board may
convene solely by electronic means "to address the emergency;" and,
WHEREAS, the open public meeting requirements of the Virginia Freedom of
Information Act ("FOIA") are limited only by a properly claimed exemption
provided under that Act or "any other statute"; and,
WHEREAS, the Governor and Health Commissioner of the Commonwealth of
Virginia and the President of the United States have recommended suspension of
public gatherings of more than ten attendees; and,
WHEREAS, the Attorney General of Virginia issued an opinion dated March 20,
2020 stating that localities have the authority during disasters to adopt
ordinances to ensure the continuity of government; and,
WHEREAS, this emergency ordinance in response to the disaster caused by the
COVID-19 pandemic promotes public health, safety and welfare and is consistent
with the law of the Commonwealth of Virginia, the Constitution of Virginia and
the Constitution of the United States of America.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Isle of Wight
County, Virginia:
1. That the COVID-19 pandemic makes it unsafe to assemble in one location a
quorum for public bodies including the Board, the Planning Commission, Board
of Zoning Appeals, and all local and regional boards, commissions, committees
and authorities created by the Board or to which the Board appoints all or a
portion of its members (collectively "Public Entities" and individually "Public
Entity"), or for such Public Entities to conduct meetings in accordance with
normal practices and procedures.
2. That in accordance with Virginia Code § 15.2-1413, and notwithstanding any
contrary provision of law, general or special, the following emergency
procedures are adopted to ensure the continuity of government during this
emergency and disaster:
a. Any meeting or activities which require the physical presence of members
of the Public Entities may be held through real time electronic means
without a quorum physically present in one location; and,
7
b. Prior to holding any such electronic meeting, the Public Entity shall provide
public notice of at least 3 days in advance of the electronic meeting
identifying how the public may participate or otherwise offer comment;
and,
c. Any such electronic meeting of Public Entities shall state on its agenda and
at the beginning of such meeting that it is being held pursuant to and in
compliance with this Ordinance; identify Public Entity members physically
and/or electronically present; identify the persons responsible for receiving
public comment; and identify notice of the opportunities for the public to
access and participate in such electronic meeting; and,
d. Any such electronic meeting of the Public Entities shall be open to
electronic participation by the public and closed to in-person participation
by the public; and,
e. For any electronic meeting of the Public Entities and/or any meeting closed
to in-person public participation, which requires a public hearing, the public
hearing will be opened and continued until 11:59 p.m. on the date of the
public hearing to allow for receipt of public comment. Public comment will
be solicited and received via written means. Public comment may also be
solicited and, if so solicited, received, via electronic and/or telephonic
means if possible and practical. All such public comments will be provided
to members of the Public Entity prior to the vote on such matter and made
part of the record for such meeting; and,
f. The minutes of all electronic meeting shall conform to the requirements of
law, identify how the meeting was conducted, members participating, and
specify what actions were taken at the meeting. The Public Entities may
approve minutes of an electronic meeting at a subsequent electronic
meeting and shall later approve all such minutes at a regular or special
meeting after the emergency and disaster has ended.
IT IS FURTHER ORDAINED that notwithstanding any provision of law, regulation or
policy to the contrary, any deadlines requiring action by a Public Entity, its officers
and employees of its organization shall be suspended during this emergency and
disaster, however, the Public Entities, officers and employees thereof are
encouraged to take such action as is practical and appropriate to meet those
deadlines. Failure to meet any such deadlines shall not constitute a default,
violation, approval, recommendation or otherwise.
IT IS FURTHER ORDAINED, that non -emergency public hearings and action items
of Public Entities may be postponed to a date certain provided that public notice
is given so that the public are aware of how and when to present their views.
IT IS FURTHER ORDAINED, that the citizen comment portion of the agenda,
specified in Sec. 4-1, Order of Business, of the Isle of Wight County Board of
Supervisors By -Laws and Rules of Procedure is hereby suspended. Citizens are
encouraged to submit comments to the Board in writing or via e-mail.
IT IS FURTHER ORDAINED, that the provisions of this Emergency Ordinance shall
remain in full force and effect for a period of 6 months, unless amended,
rescinded or readopted by the Board in conformity with the notice provisions set
forth in Virginia Code §15.2-1427. Upon rescission by the Board or automatic
expiration as described herein, this emergency ordinance shall terminate and
normal practices and procedures of government shall resume.
Nothing in this Emergency Ordinance shall prohibit Public Entities from holding in-
person public meetings provided that public health and safety measures as well as
social distancing are taken into consideration, which may include closing the
meeting site to in-person participation by the public.
An emergency is deemed to exist, and this ordinance shall be effective upon its
adoption.
The motion was adopted by unanimous vote (5-0) with Supervisors Acree, Grice,
McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor McCarty moved to approve the Certifications for Receipt of
Coronavirus Relief Fund payments from the Towns of Smithfield and Windsor. The
motion was adopted by unanimous vote (5-0) with Supervisors Acree, Grice,
McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors
voting against the motion.
NEW BUSINESS
Supervisor Rosie moved to adopt the following Resolution:
RESOLUTION TO MAKE A ONE-TIME CHANGE TO THE CARRY-OVER DATE OF
ANNUAL LEAVE IN CHAPTER 1: PERSONNEL, ARTICLE V, SECTION 5.1 OF THE
COUNTY POLICY MANUAL
WHEREAS, the County has established an Annual Leave Policy for employees
under Chapter 1: Personnel, Article V, Leave Provisions, Sections 5.0 — 5.2 of the
County Policy Manual; and,
WHEREAS, the County recognizes that employees close to or over the maximum
allowable carry-over of annual leave, as of the end of the fiscal year (June 30,
2020), may not have had sufficient ability to utilize annual leave due to the
COVID-19 emergency and associated restrictions; and,
WHEREAS, the County desires to make a one-time change in the cut-off date for
the maximum carry-over of annual leave in Section 5.1 of the Annual Leave Policy
from June 30, 2020 to December 31, 2020, with all other portions of the Annual
Leave Policy remaining unchanged, allowing employees greater ability to schedule
annual leave in the remainder of 2020; and,
NOW, THEREFORE, BE IT RESOLVED that a one-time change in the cut-off date for
the maximum carry-over of annual leave from June 30, 2020 to December 31,
2020 in Chapter 1, Article V, Section 5.1 is hereby adopted, with all other portion
of the Annual Leave Policy remaining unchanged:
Chapter 1: Personnel
9
ARTICLE V - Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007,
October 21 2008, January 8, 2009, June 19, 2014, October 16, 2014, December 18,
2014, April 1, 2015,
January 1, 2018, July 1, 2018, July 1, 2019, March 19, 2020, April 1, 2020)
Section 5.0 - Annual Leave
(Revised September 1, 2005, October 16, 2014, April 16, 2015)
All regular full-time employees of Isle of Wight County assigned to a forty -hour
workweek shall accrue annual leave based on an eight (8) hour work day. All
regular, part-time employees with regularly scheduled hours between twenty (20)
to twenty-nine (29) per week shall accrue annual leave at a rate of four (4) hours
per month. Leave shall be charged to the nearest quarter-hour increment. Eligible
employees separating from County employment shall be compensated for,unused
annual leave in the subsequent pay period after termination.
All regular full-time employees assigned to a 28 -day cycle, as authorized within
the 7k work period exemption within the Fair Labor Standards Act, within the
Department of Emergency Services shall have all leave charged on an hour for
hour basis and shall accrue annual leave based on the equivalent of an eight (8)
hour work day.
Section 5.1- Calculated
(Revised April 5, 2007; June 19, 2014, April 16, 2015, January 1, 2018)
Annual leave for regular full-time employees, except those assigned to a 28 -day
cycle, shall be calculated at the end of each pay period in accordance with the
following schedule based on the employee's total years of service paid into a
state or local retirement system, or employed with Isle of Wight County:
Total Years
Of Service
Hours Per Month Days Per Year
Maximum
0 to 5 8
12
288 hours
5+ to 10
10
15 288 hours
10+ to 15
12
18 288 hours
15+ to 20
14
21 288 hours
20 or more
16
24 288 hours
Annual leave for regular full-time employees assigned to a 28 -day cycle, as
authorized within the 7k work period exemption within the Fair Labor Standards
Act, within the Department of Emergency Services shall be calculated at the end
of each pay period in accordance with the following schedule based on the
employee's total years of service paid into a state or local retirement system, or
employed with Isle of Wight County:
Tota I Years
Of Service Hours Per Month Days Per Year
10
Maximum
0 to 5 11.2
16.8
403.2 hours
5+ to 10
14
21
403.2 hours
10+ to 15
16.8
25.2
403.2 hours
15+ to 20
19.6
29.4
403.2 hours
20 or more
22.4
33.6
403.2 hours
Regular full-time employees on leave without pay for more than half of the
workdays per pay period will not accumulate annual leave hours for that pay
period.
*Employees may exceed the maximum accrual amount of 288 hours (or 403.2
hours for those assigned to a 28 -day cycle) during the fiscal year; however, no
more than 288 hours (or 403.2 hours for those assigned to a 28 -day cycle) may be
carried over from one fiscal year to the next fiscal year. Any hours over 288 hours
(or 403.2 hours for those assigned to a 28 -day cycle) will be automatically added
to the sick leave balance up to a maximum of eighty (80) hours (or one hundred -
twelve (112) hours) per fiscal year.
Special Provisions for Fire Protection Employee Schedule Changes
1. When a regular full-time employee assigned to a 28 -day cycle, as
authorized within the 7k work period exemption within the Fair Labor Standards
Act, within the Department of Emergency Services transfers from that 28 -day
cycle schedule to a 40 -hour per week schedule or vice versa for an assignment
greater than 30 days, his/her leave balances and hourly rate of pay will be
converted.
2. Full-time employees assigned within the Department of Emergency Services
accrue and charge all leave in accordance with applicable policy for the schedule
to which assigned. In the event an employee is temporarily assigned to another
schedule for less than 30 days, the leave accrued and leave charged will be
adjusted to provide the same leave balance as if the employee had not been
temporarily transferred. Such determinations are made on a case-by-case basis by
the Chief of Emergency Services and the Director of Human Resources.
3. Annual leave is converted or adjusted when an employee is transferred
from one schedule to another to provide the same leave balance value. When an
employee is transferred from a 28 -day cycle schedule to a 40 -hour per week
schedule, the employee's annual leave balance will be divided by 1.4 to give the
adjusted balance. When an employee is transferred from a 40 -hour per week
schedule to a 28 -day cycle schedule, the employee's balance will be multiplied by
1.4 to give the adjusted balance.
New Hires
New hires shall accrue annual leave for the month of initial hire according to the
date of hire as follows:
Date of Month Percent of Annual Leave Accrued
1st to 7th 100%
8th to 23rd 50%
24th to last 0%
Section 5.2 - Approval
(Revised June 19, 2014, April 16, 2015)
The earliest possible notice, preferably two weeks, of intent shall be given by any
employee who is eligible to take annual leave. Annual leave taken without prior
approval may not be paid.
Each department shall be responsible for the scheduling of annual leave of its
employees and doing so without decreasing the operating efficiency of the
department.
Employees shall be paid for unused accrued annual leave up to the allowed
maximum of 288 hours (or 403.2 hours for those regular full-time employees
assigned to a 28 -day cycle, as authorized within the 7k work period exemption
within the Fair Labor Standards Act, within the Department of Emergency
Services) at the time of retirement, resignation, termination, or death. In
instances of reduction in force, an employee shall be paid for their actual unused
accrued annual leave with no maximum cap enforced.
The motion was adopted by unanimous vote (5-0) with Supervisors Acree, Grice,
McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors
voting against the motion.
County Attorney Jones presented an agreement for• shared procurement services
between the Town of Smithfield and the County.
Supervisor McCarty moved to approve the Agreement. The motion was adopted
by unanimous vote (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and
Rosie voting in favor of the motion and no Supervisors voting against the motion.
Chris Morello, Director of Economic Development, provided an overview of the
Small Business Grant Program to address interruptions due to COVID-19.
Supervisor McCarty moved that staff be authorized to move forward and approve
the Small Business Grant Program. The motion was adopted by unanimous vote
(5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor
of the motion and no Supervisors voting against the motion.
Don Jennings, Director of Utility Services, presented a Resolution to authorize
execution of the Virginia Water and Wastewater Agency Response Network
Mutual Aid Agreement for the Board's consideration.
12
Supervisor McCarty moved to adopt the following Resolution:
RESOLUTION AUTHORIZING EXECUTION OF THE
VIRGINIA WATER AND WASTEWATER AGENCY RESPONSE NETWORK
MUTUAL AID AGREEMENT
WHEREAS, the National Infrastructure Protection Plan and in particular the Sector
Specific Plan for the Water Sector developed by the United States Environmental
Protection Agency identifies the development of a Water and Wastewater Agency
Response Network in each State as an important means of helping to ensure
resilient water and wastewater infrastructure in the public interest; and,
WHEREAS, in furtherance of such national Water Sector plan, Virginia's
longstanding, nationally -recognized professional associations known as the
Virginia Section of the American Water Works Association ("VA AWWA") and the
Virginia Water Environment Association ("VWEA") have jointly formed the
Virginia Water and Wastewater Agency Response Network ("VA WARN")
Committee to develop the EPA -recommended network and associated
procedures for implementation in Virginia; and,
WHEREAS, the VA WARN Committee has developed the attached form of a VA
WARN Mutual Aid Agreement for use by public and private Water Sector utilities
for purposes of requesting assistance and responding to such requests as well as a
related form of an Event Agreement for providing assistance of a defined scope
on defined terms and conditions; and,
WHEREAS, this VA WARN Mutual Aid Agreement is intended to supplement and
integrate with the Statewide Mutual Aid Program administered by the Virginia
Department of Emergency Management, with the Emergency Management
Assistance Compact, and with other mutual aid agreements of local, intrastate
and interstate scope; and,
WHEREAS, Isle of Wight County owns and operates water and wastewater
facilities, is responsible for public water supply or wastewater management in the
Commonwealth of Virginia, and is therefore eligible to participate in VA WARN
and the VA WARN Mutual Aid Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of
Isle of Wight, Virginia, that the County Administrator is hereby authorized to
execute the VA WARN Mutual Aid Agreement, which is hereby approved.
The motion was adopted by unanimous vote (5-0) with Supervisors Acree, Grice,
McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors
voting against the motion.
Mr. Jennings provided an update on the Route 10 waterline project which is
expected to be complete within the next month. He stated that when the
waterline offset on Brewers Creek near the Econo Lodge is completed, it will be a
robust system with two different connections and additional flexibility in the
event of a line break.
13
Responsive to Chairman Acree, Mr. Jennings offered to investigate the residential
drainage issue along Route 10.
Responsive to Vice -Chairman Grice, Mr. Jennings offered to have information
regarding a discounted program at the Board's July 16, 2020 work session.
Responsive to Supervisor McCarty, the Board is to discuss where the Board sees
the County moving with Airbnbs in the County at a future work session.
Vice -Chairman Grice notified the Board that he will be electronically attending the
July 16, 2020 from his home.
County Attorney Jones asked for a motion to return to closed meeting pursuant to
Section 2.2-3711(A)(8) concerning consultation with legal counsel employed or
retained by the Board regarding specific legal matters requiring the provision of
legal advice by such counsel including (a) Article VIII of the County Policy Manual
regarding code enforcement and (b) standards of review of conditional uses and
modification of conditions
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 Chairman Acree 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
14
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
ADJOURNMENT
At 9:30 p.m., Chairman Acree declared the meeting adjourned.
15
Joel C. Acree, Chairman