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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