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9-17-2020 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 SEVENTEENTH DAY OF SEPTEMBER 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 (Arrived at 5:10 p.m.) ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Amber Johnson, Legal Assistant CALL TO ORDER Chairman Acree called the regular Board of Supervisors' meeting to order at 5:00 p.m. APPROVAL OF AGENDA/AMENDMENTS Supervisor Jefferson moved to approve the agenda as presented. The motion was unanimously adopted (4-0), with Supervisor Rosie being absent. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: A discussion regarding the appointment of specific appointees to County boards, committee or authorities pursuant to subsection 1; a discussion regarding the performance of a specific County employee, namely the County Administrator, pursuant to subsection 1; a discussion regarding the sale or leasing of publicly held property, namely, tax map parcels 341-1-01-000A and 21-01-083, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3; consultation with legal counsel regarding actual and probable litigation concerning M&T Tax and Opioid Litigation, where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7; and, consultation with legal counsel employed by the Board regarding specific legal matters requiring the provision of legal advice by such counsel, namely the procedural requirements of Va. Code Sec. 1812; pursuant to subsection 8. 1 Upon motion of Supervisor McCarty, the Board entered the closed meeting for the reasons stated by County Attorney Jones. The motion was unanimously adopted (4-0), with Supervisor Rosie being absent. Supervisor Rosie arrived at 5:10 p.m. during the closed meeting. Upon motion of Supervisor McCarty, the Board reconvened into open meeting. The motion was unanimously adopted (5-0). 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 Jefferson, the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Grice, Jefferson, McCarty, Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: INVOCATION/PLEDGE OF ALLEGIANCE Travis Wells with Sotera Life Center delivered the invocation and lead the Pledge of Allegiance to the American flag. 2 CITIZENS' COMMENTS Albert Burckard of the Newport District recognized the attendance of County Administrator Keaton at the Covid-19 meeting held at the Windsor Town Center; emphasized his written apology sent to the Board related to the cannon ball donation of Surry County for display at Fort Huger; and, suggested that the County hold a ceremony at or around the date of September 11, 2021 at the first responder memorial at the foot of the James River Bridge. Eric Boone of the Newport District addressed the Board regarding a lack of recreational activities for County youth. He advised that the basketball court is in deplorable condition and that the existing program only utilizes those courts at Carrollton and Westside elementary schools for practice. He urged the Board to begin its planning for improvement of the County's recreational facilities. Glen Little of Zuni began to speak on the issue of the Confederate monument and was asked to refrain by Chairman Acree from speaking on that subject as 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, as outlined in the Board's bylaws under Article 4 — Conduct of Business, Section 4-1, Order of Business, Item D, Number 10. Herb DeGroft of the Hardy District requested the Board to exercise spending control as it relates to construction of the new Hardy Elementary School. Rosa Turner of the Hardy District requested the grass be mowed and the ditches cleaned along Route 10. Volpe Boykin of Walters Highway spoke in favor of the County assisting Mr. Burckard with the cannon ball donation from Surry County for display at Fort Huger, as well as improvements to the County's basketball courts. Supervisor McCarty requested Mr. Boone to contact him regarding improvements to the County's basketball courts. Regarding the proposed tax increase associated with the new schools, he stated the potential increase does not take into consideration future growth and other factors. He advised Ms. Turner the areas in need of mowing and ditches cleaned belong to VDOT. Supervisor Jefferson remarked that this Board only appropriates funds to the School Board, and it is up to that Board to determine how to spend those funds. He agreed it is time for another celebration at the site at the entrance to the James River Bridge. Supervisor Rosie remarked that this Board is committed to keeping costs under control with respect to the Hardy Elementary School and this Board will continue to examine what can be done to maintain the County's basketball courts. Supervisor Grice explained that the heavier portion of the bond issuance is frontloaded in order to flatline the County's existing debt service and alternative plans for the schools are being evaluated very carefully. He stated part of what is 3 included in the first bond relates to fire and EMS equipment and preliminary work on the proposed building of a second elementary school. Chairman Acree requested staff to contact VDOT and relay Ms. Turner's request for mowing and ditch maintenance and that recreational facilities be discussed at a future work session. CONSENT AGENDA Supervisor McCarty moved to approve the following Consent Agenda as presented which was unanimously adopted (5-0): A. Resolution to Amend the FY 21 Capital Fund Budget and the Capital Improvements Program (Bond Funding) ($15,425,000) B. Resolution to Accept Streets from Benns Grant Phase 5 into the Secondary System of State Highways (Spring Meadow Lane, State Route 1062, length of 0.07 miles Williamson Park Lane, State Route 1065, length of 0.05 miles Bridger Drive, State Route 1068, length of 0.18 miles) C. Resolution to Execute a Master Lease Purchase Agreement for the Purchase of New Vehicles (U.S. Bancorp with the amount financed not exceeding $670,000.00 at an interest rate of 1.196% fixed for five years) D. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk Management for Repairs ($7,904) E. Resolution to Adopt Financial and Accounting Policy Amendments to the Policy Manual F. Resolution to Accept and Appropriate Grant Funds from the Virginia Circuit Court Records Preservation Program ($14,958) REGIONAL AND INTER -GOVERNMENTAL REPORTS No regional reports were offered. APPOINTMENTS Supervisor Acree moved to appoint Phillip Upton to the Board of Building Appeals. The motion was unanimously adopted (5-0). Supervisor Grice moved to appoint Rod Hallum to the Broadband Taskforce representing the Smithfield District. The motion was unanimously adopted (5-0). Supervisor Rosie moved to appoint Amber Wells to the Economic Development Authority. The motion was unanimously adopted (5-0). 11 SPECIAL PRESENTATIONS Supervisor McCarty moved that the following resolution be adopted to commend and appreciate Main Street Baptist Church on its recent service to the IOW community: RESOLUTION TO COMMEND AND APPRECIATE MAIN STREET BAPTIST CHURCH WHEREAS, Main Street Baptist Church has been serving the spiritual, educational, and housing needs of community since 1881; and, WHEREAS, Main Street Baptist Church has served as an on-going COVID-19 test site and the Church's hospitality and facilities have been invaluable resources to local and State agency personnel during the pandemic; and, WHEREAS, Reverend Dr. James M. Harrison and the members of Main Street Baptist Church, with very little notice, opened its doors to serve as a temporary emergency shelter for citizens impacted by the recent flash flooding in the Smithfield area; and, WHEREAS, the Board of Supervisors desires to express its profound appreciation for the efforts of the Main Street Baptist Church family. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia commends and appreciates Pastor James M. Harrison and the Main Street Baptist Church for its positive impact on the quality of life of the citizens of Isle of Wight County. The motion was unanimously adopted (5-0). Chris Morello, Director of Economic Development, provided an overview of the proposed Kings Creek Commerce Center project and proposed Participation Agreement with the Eastern Virginia Regional Industrial Facility Authority for the Board's consideration. Jim Noel, York County Director of Economic Development, briefed the Board on recent action taken by the York County Board of Supervisors to participate. Supervisor McCarty moved to authorize execution of the participation agreement with the Eastern Virginia Regional Industrial Facility Authority. The motion was unanimously adopted (5-0). COUNTY ATTORNEY'S REPORT County Attorney Jones recalled that the Board combined two resolutions into one action at the Board's September 10, 2020 meeting to authorize issuance of the General Obligation bond not to exceed $36,000,000 and the accompanying refunding bond. He recommended that in order to ensure that action is clear, that the Board ratify its action to adopt the Resolution Authorizing the Issuance of E the General Obligation Public Improvement Bonds of Isle of Wight County, Virginia in the Aggregate Principal Amount not to exceed $36,000,000 and the second Resolution Providing for the Issuance, Sale and Award of the General Obligation Public Improvement and Refunding Bonds of Isle of Wight County, Virginia Providing for the Form, Detail and Payment of such Bonds and Providing for the Refunding of Outstanding General Obligation Bonds of the County. Supervisor Jefferson moved to ratify that the action taken by the Board at its September 10, 2020 meeting was to adopt a resolution entitled "Resolution Authorizing the Issuance of the General Obligation Public Improvement Bonds of Isle of Wight County, Virginia in the Aggregate Principal Amount not to exceed $36,000,000" and the second resolution entitled "Resolution Providing for the Issuance, Sale and Award of the General Obligation Public Improvement and Refunding Bonds of Isle of Wight County, Virginia Providing for the Form, Detail and Payment of such Bonds and Providing for the Refunding of Outstanding General Obligation Bonds of the County." The motion was unanimously adopted (5-0). PUBLIC HEARINGS A. Blackwater River Park Leases County Attorney Jones advised that IFB were solicited for hunting rights for two tracts of land located in the Blackwater River Park. He advised the high bidder for the northern tract was Dunn Hunt Club and the high bidder for the southern tract was Bent Barrel Hunt Club. Chairman Acree opened the public hearing and called for those to speak in favor of or in opposition to the proposed leases. No one appeared and spoke in favor of or in opposition to the proposed leases. Chairman Acree closed the public hearing. Supervisor McCarty moved to approve the northern tract lease agreement with Dunn Hunt Club in the amount of $18,500.00. The motion was unanimously adopted (5-0). Supervisor McCarty moved to approve the southern tract lease agreement with Bent Barrel Hunt Club in the amount of $9,507.00. The motion was unanimously adopted (5-0). B. Smithfield Family Automotive CUP Trenton Blowe, Planner, provided an overview of the Conditional Use Permit. Chairman Acree opened the public hearing and called for those to speak in favor of or in opposition to the proposed Conditional Use Permit. Z Tom Lightfoot, owner, requested the Board's favorable consideration of his application and he offered to plant some type of foliage along the fence in the back. Rosa Turner of the Hardy District encouraged the Board to support the application Chairman Acree closed the public hearing and called for comments from the Board. Supervisor McCarty moved to approve the CUP as presented with conditions 4, 5, 6, deleted and condition 3 amended to "major" motor vehicle repairs. The motion was unanimously adopted (5-0). The Board took a break and returned to open session. H C. Proposed Subdivision Ordinance Revisions Amy Ring, Community Development Director, briefed the Board regarding the proposed changes to the Subdivision Ordinance. Chairman Acree opened the public hearing and called for those to speak in favor of or in opposition to the proposed revisions. No one appeared and spoke in favor of or in opposition to the proposed revisions. Chairman Acree closed the public hearing and called for comments from the Board. Supervisor McCarty moved to approve the proposed revisions to the County Subdivision Ordinance. The motion was unanimously adopted (5-0). D. Conveyance of Property to School Board County Attorney Jones recalled that 9.5 acres had been acquired by the County for the Hardy Elementary School project of which 1.5 acres was approved to be deeded to the Hampton Roads Sanitation District for a pump station. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed conveyance of property. No one appeared and spoke in favor of or in opposition to the conveyance of property. Chairman Acree closed the public hearing and called for comments from the Board. 9 Supervisor Jefferson moved to authorize conveyance of property to the School Board, once plats are approved, for the Hardy Elementary School Project. The motion was unanimously adopted (5-0). COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton referred the Board to information contained in the agenda pursuant to the Board's previous request regarding building permit soil test requirements. Vice -Chairman Grice advised that he referred the individual whose home is sinking to County Administrator Keaton in order that staff might identify measures to be implemented to keep that homeowner from having his home repaired a third time. County Administrator Keaton notified the Board that the Treasurer's Office has received notification of Accreditation from the Treasurer's Association of Virginia. Under matters for the Board's information, County Administrator Keaton provided highlights related to the bond Issue; collections due to COVID; payroll deduction; and, an update from VDOT on mowing in the County. UNFINISHED/OLD BUSINESS Regarding the issue of consideration of the disposition of the Confederate monument, Supervisor Grice remarked that the monument is a memorial and the consensus of those who spoke at the special meeting is that the monument needs to be treated as such. He stated he is in favor of the creation of a citizens' task force to determine the next step related to the monument. Supervisor Rosie concurred with Vice -Chairman Grice's comments and noted that he is also in favor of Monument Circle becoming a site where other men, women and children can be honored. Supervisor Jefferson remarked that the Confederate monument serves as a reminder of past wounds and it should not be in front of the County Courthouse. He agreed with the creation of a task force to determine what will be done with the monument. Supervisor McCarty spoke in favor of the creation of a citizens' task force, diverse in nature, with equality and equity on both sides, to provide the Board with its recommendations. Supervisor Jefferson recommended that should the Board take action to create a citizens' task force that the monument be wrapped up or covered until a decision on what to do is determined by the citizens' task force. Chairman Acree remarked that some of the comments received at the public hearing were clouded, but that good information had been received. E.l Supervisor McCarty moved, and then amended his motion to include a date, to create a citizens' taskforce whose mission is to investigate and locate potential sites for the possible relocation of the confederate monument and to investigate methods to contextualize the monument at its current location. The task force will consist of county residents to include one resident from each of the five electoral districts, one representative from the IOW County NAACP, one representative from the IOW County historical society, one from a local citizen's group, one from the Chamber of Commerce, and Assistant County Administrator Don Robertson. The task force will report back to the Board by December 1. The motion passed with. Supervisors McCarty, Acree, Rosie, and Grice voting in favor and Supervisor Jefferson voting against the motion (4-1). Assistant County Administrator Robertson reported on information discussed at the most recent meeting of the Broadband Task Force relative to data, viable broadband, cable or internet services, the potential for VAT[ grants, and the development of a mission statement or goals and objectives for the Task Force to work on. Supervisor McCarty recalled that the Task Force needs to address the enhancement of "hot spots" and Supervisor Rosie recalled that staff needs to examine methods by which the County can have additional mobile units. Supervisor McCarty mentioned that it would be helpful if different places that have internet would be willing to help provide services to others in the community who need it. H The Board took a break. Upon returning to open session, Chairman Acree called for New Business. Supervisor Jefferson moved to adopt the following resolution to appropriate $250,000 for Schools Capital Maintenance Projects which was unanimously adopted (5-0): RESOLUTION TO AMEND THE FY 2020-2021 OPERATING BUDGET AND APPROPRIATE FUNDING FOR SCHOOL CAPITAL MAINTENANCE PROJECTS WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received a request from the Isle of Wight County School Board to increase the School Capital Maintenance allocation for FY 2020-2021 from $250,000 to $500,000; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to amend the FY 2020-2021 General Fund Budget to increase the School Capital Maintenance allocation $250,000 (two hundred, fifty thousand dollars) of Unassigned General Fund Balance for School Capital Maintenance Projects; and, WHEREAS, the Board of Supervisors needs to appropriate $250,000 (two hundred, fifty thousand dollars) of Unassigned General Fund Balance for School Capital Maintenance Projects. 0 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2020-2021 General Fund Budget is hereby amended and funds appropriated for the $250,000 (two hundred, fifty thousand dollars) of Unassigned General Fund Balance for School Capital Maintenance Projects. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect Supervisor McCarty moved to adopt the following resolution to amend the FY20- 21 budget and appropriate CARES Act funding for school equipment which was unanimously adopted (5-0): RESOLUTION TO AMEND THE FY 2020-2021 OPERATING BUDGET & APPROPRIATE FUNDING FOR ISLE OF WIGHT PUBLIC SCHOOLS BUDGET AMENDMENT WHEREAS, at the request of the Isle of Wight County School Board, the Isle of Wight County Schools Operating and Capital Budget, may be amended from time to time in accordance with applicable law by the Isle of Wight County Board of Supervisors; and, WHEREAS, a request was approved by the Isle of Wight County School Board on September 10, 2020 and submitted for consideration by the Isle of Wight County Board of Supervisors, to amend the FY 2020-2021 Operation and Maintenance Category budget in the amount of five hundred forty thousand dollars ($540,000) for the purchase of student desks for social distancing to mitigate the effects of the pandemic; and, WHEREAS, the Board of Supervisors desires to amend the FY 2020-2021 School Operating and Maintenance Budget to be funded by a contribution from Isle of Wight County General Fund using CARES Act funding in the amount of five hundred forty thousand dollars ($540,000). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2020-2021 Operation and Maintenance Category budget is hereby amended and funds appropriated in the amount of five hundred forty thousand dollars ($540,000) for the purchase of student desks for social distancing to mitigate the effects of the pandemic. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Supervisor McCarty moved to adopt a resolution to amend the FY20-21 budget and appropriate funding to East West Partners which was unanimously adopted (5-0): RESOLUTION TO AMEND THE FY 2020-2021 OPERATING BUDGET AND APPROPRIATE FUNDING FOR WATER LINE INFRASTRUCTURE PURCHASE AGREEMENT WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to amend the FY 2020-2021 Public Utilities Operating and Capital Budget for the purchase of water line infrastructure from East West — Benn's Grant, LLC (EWBG) as approved per a duly executed Amended Proffer Statement dated January 18, 2018, and jointly agreed between the County and EWBG to be due in the amount of two hundred seventy thousand, two hundred thirty-six dollars ($270,236); and, WHEREAS, the Board of Supervisors needs to appropriate two hundred seventy thousand, two hundred thirty-six dollars ($270,236) for the purchase of the water line infrastructure from EWBG. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2020-2021 Public Utilities Operating and Capital Budget is hereby amended and funds appropriated for the purchase of water line infrastructure from EWBG for two hundred seventy thousand, two hundred thirty-six dollars ($270,236) in Public Utilities Fund Balance for Water Infrastructure Capital Addition. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Supervisor McCarty moved to adopt the following resolution to approve one-time payments for employees and donations to volunteer fire and EMS agencies which was unanimously adopted (5-0): RESOLUTION TO APPROVE ONE-TIME PAYMENTS FOR EMPLOYEES AND DONATIONS TO VOLUNTEER FIRE AND EMERGENCY MEDICAL SERVICES (EMS) AGENCIES WHEREAS, the Board of Supervisors' Personnel Committee has recommended the approval of one-time payments to employees as additional compensation and donations to Volunteer Fire and EMS agencies based on active first responders; and WHEREAS, one-time payments to employees, Constitutional Officers, and the Voter Registrar as additional compensation and donations to Volunteer Fire and EMS Agencies as follows are recommended: • Uniformed First Responders (Fire Medics and Deputies): $1,000 for full-time staff and $500 for part-time staff; and • Other Emergency Responders: $750 for full-time staff and $375 for part-time staff; and • All other employees: $500 for full-time staff and $250 for part-time staff; and • Donations of $250 to volunteer agencies for each active Volunteer Fire & EMS first responder. NOW, THEREFORE, BE IT RESOLVED that the one-time payments to employees, Constitutional Officers, and the Voter Registrar, as well as donations to volunteer 11 agencies based on active first responders are hereby adopted and shall be provided as determined by the County Administrator prior to December 31, 2020. Regarding a potential joint meeting with the Planning Commission, the Board was requested to review their respective calendars and relay potential meeting dates to staff. ADJOURNMENT At 10:15 p.m., Chairman Acree declared the meeting adjourned. &40 Nyvrn Carey Mill W6, Clerk 12 00'" Richard L.rice, Cirman