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07-15-2022 Regular Meeting REGULAR 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 FIFTHTEENTH DAY OF JULY IN THE YEAR TWO THOUSAND AND TWENTY-ONE PRESENT: Richard L. Grice, Smithfield District, Chairman Don G. Rosie, II, Carrsville District, Vice-Chairman Rudolph Jefferson, Hardy District William M. McCarty, Newport District Joel C. Acree, Windsor 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 CALL TO ORDER Chairman Grice called the regular meeting to order at 5:00 p.m. APPROVAL OF AGENDA Supervisor McCarty moved that the agenda be approved as presented. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. CLOSED MEETING Pursuant to Section 2.2-3711(A) of the Code of Virginia, a motion to move to closed session for the limited purpose of a discussion regarding the acquisition of property for public use, namely road improvements where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3; a discussion regarding the appointment of specific appointees to County boards, committees or authorities as set forth in the agenda pursuant to subsection 1; and consultation with legal counsel regarding actual litigation regarding 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. 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 Jefferson and all voting in favor (5-0), the Board reconvened into open meeting. 1 c _* County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty 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 Supervisor Rosie delivered the invocation and led the Pledge of Allegiance to the American flag. CITIZENS' COMMENTS David L. Tucker, a retired Engineer with a background in renewable energy, offered to assist the County in its future decisions on solar energy. 2 Chairman Grice recommended that the Board take advantage of Mr. Tucker's willingness to share his knowledge about solar energy with the Board and that he be invited to the Board's August 5, 2021 work session. CONSENT AGENDA A. Resolution to Amend the FY 2020-21 Budget and Appropriate Funds to the Maintenance Category in the School's Budget ($1,040,018) B. Resolution to Amend Chapter 2: Financial and Accounting Article 1, Sections 1.32.3, 1.43.2, 1.65, 1.65.1, 1.66 and 1.66.1 of the County Policy Manual C. Resolution to Congratulate and Recognize the Smithfield High School Soccer Team for Winning the 2020-21 Virginia High School League Class 4 State Soccer Championship D. Resolution to Recognize and Congratulate the Smithfield High School 4 x 100 rack ad Field Relay Team Won the 2021 Virginia High School League Class 4 State Championship E. Receipt of the 2020 Wetlands Board Annual Report F. Minutes April 8, 2013 Regular Meeting Minutes April 15, 2021 Regular Meeting Minutes April 22, 2021 Budget Work Session May 6, 2021 Work Session Minutes Supervisor McCarty moved that the Consent Agenda be adopted as presented. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. REGIONAL AND INTERGOVERNMENTAL REPORTS County Administrator Keaton reported that the Hampton Roads Planning District Commission had recently discussed the issue of additional funding for school construction and that he had asked for a 1% sales tax to be added to the regional legislative goals. APPOINTMENTS Supervisor Acree moved that Conway Henderson be reappointed to represent the Windsor District on the Blackwater Regional Library Board. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. Supervisor Acree moved that Durwood Scott be reappointed to represent the Windsor District on the Historical Architectural Review Committee. The motion 3 was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. SPECIAL PRESENTATIONS Supervisor McCarty moved that the following Resolution to Commend and Congratulate Sharon Jones be adopted: RESOLUTION IN RECOGNITION OF THE SERVICE OF SHARON NELMS JONES WHEREAS, Ms. Sharon Nelms Jones began her employment with the County of Isle of Wight, Virginia in 1975; and, WHEREAS, after two years in the Department of Social Services, Ms.Jones accepted a position in the office of the Clerk of Circuit Court as a Deputy Clerk; and, WHEREAS, after serving for several years as Chief Deputy, Ms. Jones was elected as Clerk of Circuit and began her first term in January 2008; and, WHEREAS, during her tenure as Clerk of Circuit Court, Ms. Jones served with distinction in efficiently managing the dockets, staff, and operations of the Circuit Court; and, WHEREAS, Ms.Jones faithfully served Isle of Wight County as a dedicated employee for forty-five years until her retirement in January 2020. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates Sharon Nelms Jones for outstanding achievement and distinguished service to the citizens of Isle of Wight County in the role of Clerk of Circuit Court. BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Sharon Nelms Jones its best wishes for her future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this fifteenth day of July 2021. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. Chief Pat Humphries recognized individuals from the Smithfield Volunteer Fire Department who had received the Hampton Roads Regional Valor Award for their efforts in evacuating citizens and rescuing a citizen stuck in his vehicle during a flooding event on September 9, 2020. COUNTY ATTORNEY'S REPORT There was no report offered. 4 PUBLIC HEARINGS A. Application of Wilbur R. and Wendy R. Todd Trenton Biowe, Principal Planner, Planning & Zoning, provided information related to location; the parcels involved; the current zoning; election district; purpose of the application; its strengths and weaknesses; and the Planning Commission and staff's recommendation. Chairman Grice opened the public hearing. Ray Todd of Carrollton requested approval of his application. Chairman Grice closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the application be approved with the proffered condition of limiting the medical office use type to the square footage of the existing building. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty,Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. B. Proposed Suburban Residential Zoning District Ordinance Revisions Amy Ring, Director of Community Development, reviewed the proposed revisions to add childcare center as a conditional use in the Suburban Residential District Zoning Ordinance and staff's identification related to strengths and weaknesses. Chairman Grice called for persons to speak in favor of or in opposition to the proposed revisions. No one appeared and spoke. Chairman Grice closed the public hearing and called for comments by the Board. Supervisor Jefferson moved that the revisions be adopted. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. COUNTY ADMINISTRATOR'S REPORT Danny Byrum, Chairman of the Isle of Wight County Fair Committee, updated the Board regarding the success of the most recent County Fair spring events which included a carnival, truck and tractor pull and a demolition derby. He made the Board aware that the Fair budget for next year does not include funding for those events. County Administrator Keaton was directed to review the budget to determine if funds are available to increase funding for the Fair budget from $413,434 to at least the $428,850 funded in 2019 and that this matter be added to the Board's August 5, 2021 work session for further discussion. 5 Assistant County Administrator Robertson provided a briefing regarding efforts being undertaken by staff regarding the 2022 Virginia Technology Initiative Grant Program. Assistant County Administrator Robertson reviewed the proposed 2022 legislative priorities with the Board, and he was directed to draft language regarding the inequity of impact fees for the Board's consideration at its August 19, 2021 meeting. UNFINISHED/OLD BUSINESS Will Drewery, Emergency Management Coordinator, updated the Board regarding COVID-19 relative to the most current case counts, cases requiring hospitalization and related deaths. Vaccine doses administered statewide were relayed, as well as vaccine doses administered by locality of residence, vaccination statistics by age and ongoing efforts. He requested that the Board adopt a resolution to rescind the declaration of local emergency relative to COVID-19 which was ratified by the Board on March 19, 2021. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO RESCIND DECLARATION OF LOCAL EMERGENCY RELATIVE TO COVID-19 WHEREAS, due to an outbreak of COVID-19 and based on advisories from the Center for Disease Control (CDC) and the Virginia Department of Health in response to COVID-19 (coronavirus), the County Administrator declared a local emergency for Isle of Wight County on March 13, 2020 that was ratified by the Board at its regular meeting on March 19, 2020; and, WHEREAS, the conditions of extreme peril to the lives, health and safety of the residents of Isle of Wight County have largely subsided; and, WHEREAS, the County Administrator recommends rescission of the declaration of local emergency. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia rescinds the declaration of local emergency relative to the outbreak of COVID-19. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. NEW BUSINESS Tommy Potter, Operations Captain, Sheriff's office, advised that the Sheriff's office has received $11,500 during Fiscal Year 2020-21 from the sale of a marine vessel previously used by that office and he is requesting authorization that $6,000 of the 6 $11,500 be returned to that office's budget so that it can continue to outfit and upgrade another boat recently purchased. Supervisor Acree noted his approval of the entire $11,500 being returned to the Sheriff's office budget for training. Supervisor Acree moved that the following Resolution be amended and adopted based on the proceeds for marine operations: RESOLUTION TO AMEND THE FY 2021-2022 OPERATING BUDGET AND APPROPRIATE FUNDING FOR MAINTENACE OF SHERIFF'S MARINE PATROL UNIT WHEREAS, the County of Isle of Wight, Virginia received $11,500 during the Fiscal Year 2020-2021 for the sale of a marine vessel previously used by the Sheriff's Office; and, WHEREAS, the Sheriff's Office has obtained a replacement marine vessel and requested the funds from the sale be used to prepare the new vessel for use; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia needs to amend the FY 2021-2022 Budget in the amount of $11,500 of Unassigned General Fund Balance for the Sheriff's Office Fleet Maintenance Budget for costs associated with making the replacement marine vessel ready for use; and, WHEREAS, the Board of Supervisors needs to appropriate $11,500 to the Sheriff's Office Fleet Maintenance Budget for the replacement vessel. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2021-2022 Budget is hereby amended, and funds appropriated in the amount of eleven thousand five hundred dollars ($11,500) to the Sheriff's Office Fleet Maintenance for costs associated with the replacement marine vessel. 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. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. County Administrator Keaton brought up the subject of the redistricting process stating that the Board can either change the makeup of the Board or conduct a redistricting based on the current number of districts in the County. He recommended that the Board invite an outside party to address the Board on its options with regard to how to move forward. The consensus of the Board was to authorize County Attorney Jones to make arrangements for Attorney Christopher Nolan to make a presentation to the Board. 7 CLOSED MEETING (CONTINUED) Pursuant to Section 2.2-3711(A) of the Code of Virginia, a motion to move to closed session for the limited purpose of: A discussion regarding the acquisition of property for public use, namely road improvements where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3 and consultation with legal counsel regarding actual litigation regarding 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. 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 Jefferson 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 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 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 8 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Jefferson moved to adopt a resolution authorizing the County Attorney and the County Administrator to execute the Virginia Abatement Fund and Settlement Allocation Memorandum of Understanding which establishes the allocation use of litigation recoveries in the opioid litigation. The motion was adopted (5-0) with Supervisors Rosie, Acree, McCarty, Jefferson and Grice voting in favor of the motion and no Supervisor voting against the motion. At 9:00 p.m., Chairman Grice declared the meetin: . urned. e0/12018 trntRichard Laerhairman Carey Mills Storm, Clerk 9