08-19-2021 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 NINETEENTH DAY OF AUGUST 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 amended to include Board
discussion at the end of Citizens' Comments and that the Resolution to Amend the
FY2021-22 Budget and Appropriate Funds from the Federal Government
($1,300,000) under the Consent Agenda be moved to New Business. The motion
was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and
Jefferson voting in favor 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) of the Code of Virginia, a motion
to move to closed session for the limited purpose of: A discussion regarding the
appointment of specific appointees to County boards, committees or authorities as
set forth in the agenda pursuant to subsection 1; consultation with legal counsel
regarding actual litigation regarding M & T tax, drainage outfall, 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 implementation and
possible correction of the utility consumer tax and the constitutionality of vaccine
mandates pursuant to subsection 8.
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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.
At 7:00 p.m., 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 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
David Smith, Director of Parks & Recreation, delivered the invocation and led the
Pledge of Allegiance to the American Flag.
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CITIZENS' COMMENTS
Mike McCabe of the Newport District asked the Board to consider roundabouts for
future road projects as they offer a continuous flow, are safer and more efficient.
Martha Dackoon of Smithfield requested the Board to remain committed to
funding of the Hardy Elementary School.
Candice Vandebiake, Windsor District, requested the Board to investigate the
School Board's use of taxpayer dollars, specifically related to the equity program.
Curt Lytle and his daughter, Summer, Carrsville District, requested that the ban on
rifles for hunting be updated citing rifles are a safer method of hunting; are a more
'ethical method of hunting game; and are easier on bodies.
Herb DeGroft recommended a return to appointed School Board members.
Albert Burckhardt of the Newport District spoke in favor of roundabouts. He invited
the Board to attend a ceremony this Saturday at 1:00 p.m. at the Episcopal Church
related to the fire.of 1921 which changed the entire industry of the Town of
Smithfield from the peanut to the ham capital of the world.
The following comments were offered by the Board responsive to the comments
from citizens (above):
Supervisor Acree recognized the upcoming 20th anniversary of the 9/11 attack;
recommended individualized bathrooms in school facilities; believes that School
Board members should be elected; and that the Hardy Elementary School is a work
in progress and has not been slowed down by anyone.
Supervisor Rosie spoke in favor of individualized bathrooms in school facilities; was
in favor of reviewing the rifle laws related to hunting; and confirmed that there is
no intentional delay in building the Hardy Elementary School.
Supervisor Jefferson encouraged people to be respectful of each other's beliefs;
take any concerns with funding to the Superintendent, the School Board Chairman
or the School Board members; confirmed that the Board is moving forward with
funding of the Hardy Elementary School; believes in shotgun versus rifle hunting;
and concurs with roundabouts.
Chairman Grice reported that the contract for Hardy Elementary School has been
awarded to two contractors who need to return with their guaranteed fixed price.
He stated that following the School Board's review the Board will have an
opportunity to address the funding. He stated that any delay of this project would
be a result of inflation and/or supplies. The date of the school opening is set for
September of 2023.
Supervisor McCarty remarked it would not be in the Board's best interest to
interfere with matters that are the responsibility of the School Board; he agreed it
might be worth looking at options to create private bathrooms in school facilities;
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that at no time has this Board considered cancelling the Hardy Elementary School
project; that this Board has no control over roadways in the County; and that he is
not in favor of returning to the appointment of School Board members.
Chairman Grice read into the record a letter from Kyle Jennings of Smithfield, a
DMX racer, suggesting that the pump track at Nike Park can be improved by making
it asphalt and larger.
CONSENT AGENDA
Supervisor McCarty moved that the following Consent Agenda be adopted which
carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and
Jefferson voting in favor and no Supervisor voting against the motion:
A. Resolution to Amend the Budget and Restrict and Appropriate Fund Balance
for Coronavirus Response ($500,000)
B. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate
Funding from the Virginia Department of Motor Vehicles Alcohol
Enforcement Program ($24,354)
C. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate
Funding from the Virginia Department of Motor Vehicles Speed Enforcement
Program ($5,448)
D. Resolution to Amend the FY22 Budget and Appropriate Funding to Purchase
Vehicles Using Lease Financing Proceeds ($251,245)
E. Resolution to Amend the Budget and Appropriate Funding for the Virginia
Tourism Corporation Shop Small Grant ($10,000)
F. Resolution to Amend the Budget and Appropriate Funding for the Smithfield
Sidewalk Construction Project ($69,000)
G. Resolution to Amend the Budget and Appropriate Funding to Purchase an
Ambulance ($20,406)
H. Minutes
May 13, 2021 Budget Adoption Minutes
May 20, 2021 Regular Meeting Minutes
June 3, 2021 Work Session Minutes
June 10, 2021 Regular Meeting Minutes
REGIONAL AND INTER-GOVERNMENTAL REPORTS
County Administrator Keaton reported that Dale Baugh has been elected Chairman
of the Southeastern Public Service Authority.
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Regarding the Eastern Virginia Regional Industrial Facilities Authority, Chairman
Grice reported that the land is being readied to be transferred to the solar farm and
there is renewed interest in other portions of that property.
Regarding the Hampton Roads Workforce Council, Supervisor Acree reported there
is a need for workers in the hospitality industry.
APPOINTMENTS
Supervisor McCarty moved that Kimberly L. Davenport be appointed to serve on
the Virginia Alcohol Safety Action Program. The motion was adopted unanimously
(5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor
and no Supervisors voting against the motion.
SPECIAL PRESENTATIONS
Andrew McRoberts, attorney hired to assist the County in the redistricting process,
provided a PowerPoint presentation outlining the following: statutory
requirements to redistrict every year ending in one (e.g., 2021); time limits set by
statute; how to redistrict- unwritten criteria, Constitutional basics, statutory
criteria, contiguous and compact, more or less equal population, clearly defined
and observable boundaries, scheduling issues regarding Federal preclearance;
Federal Voting Rights Act and preclearance; 2021 Virginia Rights of Voters Act;
possible schedule for redistricting; and effects of redistricting — statutory
provisions.
Supervisor McCarty moved that a Redistricting Task Force be created to include five
members from each district and two at-large members agreed upon by the Board.
The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree,
McCarty and Jefferson voting in favor and no Supervisors voting against the motion.
It was the consensus of the Board:
Task Force members are to be identified and appointed at the Board's next
work session.
Task Force is to set its schedule at its first meeting.
Task Force will include GIS (Herb Finch), Assistant County Administrator
Robertson, County Administrator Keaton and County Attorney Jones, all who
will attend the first meeting to help establish goals/mission statement and
prepare a draft of dates.
meetings will be at least voice recorded.
no Board members will sit on the Task Force other than those attending as a
public member.
begin with five districts (this is to be incorporated into the mission
statement).
The presentation by the Isle of Wight Historical Society Presentation was
postponed until a future date.
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COVID-19 Vaccine Update - Resolution to Amend Chapter 1: Personnel, Article V.
Section 5.15 and Article XI: Miscellaneous Policies and Regulations of the County
Policy Manual
It was the consensus of the Board that the Resolution be amended to include
language in that the testing will be at the County's expense and that should an
employee test positive as a result of this and it is determined that that was a false
test, that any time off as a result of the quarantine would not be ultimately charged
to that employee's leave provisions.
It was the consensus of the Board that mask/face coverings will be mandatory for
all employees and visitors effective Monday, August 23rd
COUNTY ATTORNEY'S REPORT
County Attorney Jones stated pursuant to the Virginia Code being amended in May
of 2021 to allow governing bodies to adopt a resolution concerning its position on
collective bargaining, he has drafted a resolution establishing that the County's
position does not recognize labor unions or employee associations as collective
bargaining agencies.
Supervisor Rosie moved that the following Resolution be adopted which was
adopted (4-1) with Supervisors Grice, Rosie, Acree and McCarty voting in favor and
Supervisor Jefferson voting against the motion:
A RESOLUTION REGARDING COLLECTIVE
BARGAINING OF PUBLIC EMPLOYEES
WHEREAS, Isle of Wight County values its employees and has a long history of
providing competitive wages and benefits; and,
WHEREAS, effective May 1, 2021, Virginia Code § 40.1-57.2 vests the governing
body of a locality with the authority to pass a resolution establishing its policy
concerning collective bargaining; and,
WHEREAS, the Board of Supervisors has determined the need for collective
bargaining with its employees to be unwarranted; and,
WHEREAS, the Board of Supervisors deems it to be in the best interest of the
County and its employees to make it known that it does not support collective
bargaining.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Isle of Wight, Virginia that the County will not recognize any labor union or other
employee association as a bargaining agent of any public officers or employees and
will not collectively bargain or enter into any collective bargaining contract with
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any such union or association or its agents with respect to any matter relating to
them or their employment or service.
PUBLIC HEARINGS
A. Transfer of County property located on Rt. 258 to the Virginia Department of
Transportation
County Attorney Jones advised that the purpose is to convey the .191 acres located
on the west side of the Luter Sports Complex to VDOT for it to be part of the primary
highway system.
Chairman Grice opened up the public hearing and called for persons to speak in
favor of or in opposition to the proposed transfer.
No one appeared and spoke.
Chairman Grice closed the public hearing and called for comments by the Board.
Supervisor McCarty moved that the Chairman be authorized to execute all
appropriate documents necessary to transfer the subject property. The motion
was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and
Jefferson voting in favor and no Supervisors voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
Stephanie Humphries, Director of Budget & Finance, provided a presentation on
the new on-line budget information now available on the County's website.
Staff was recognized for the County being awarded a Certificate for Achievement
of Excellence in Financial Reporting by the Government Finance Officers
Association of the United States and Canada for the tenth consecutive year.
Danny Byrum played a clip of the Fair advertisement and provided an overview of
upgrades for the 2021 Fair.
County Administrator Keaton stated based on the breakdown submitted by Mr.
Byrum, he would recommend a budget amendment for the Fair in the amount of
$31,000.00
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY 2021-2022 OPERATING BUDGET AND
APPROPRIATE FUNDING FOR
COUNTY FAIR ACTIVITIES
WHEREAS, the County Fair Committee has requested an increase in funding for the
County Fair budget of$31,000 for annual activities at Heritage Park; and
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WHEREAS, the Board of Supervisors of Isle of Wight County desires to increase
funding to the County Fair budget for these activities; and
WHEREAS, the Board of Supervisors of Isle of Wight County must budget and
appropriate $31,000 for the annual activities at Heritage Park from revenue
collected during recent activities at Heritage Park in the amount of $7,000 and
General Fund Unassigned Fund Balance in the amount of$24,000.
NOW, THEREFORE, BE IT AND IT IS HEREBY 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$31,000 for the transfer from the General
Fund to the County Fair Fund for annual activities at Heritage Park.
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 unanimously (5-0) with Supervisors Grice, Rosie, Acree,
McCarty and Jefferson voting in favor and no Supervisors voting against the motion.
County Administrator Keaton highlighted the following matters for the Board's
information
July 2021 Delinquent Tax Collections
June 2021 Cash Position Statement
June 2021 Statement of Treasurers Accountability
July 2021 Incidents by Zone Map & Data
July 2021 Station Activity Report
July 2021 Website Statistics
July 2021 Museum Report
UNFINISHED/OLD BUSINESS
Assistant County Administrator Robertson referred to the 2021 legislative priorities
contained in the agenda and requested that the Board advise staff of any other
statewide items it would like to support.
Supervisor McCarty moved to adopt the County's following 2021 legislative list
reflecting the "Additional Sales Tax for Educational Purposes" issue being the
number one priority:
PROPOSED 2021 LEGISLATIVE PRIORITY LIST
LOCAL ISSUES
— Additional Sales Tax for Educational Purposes
— Education Funding Support from the Commonwealth
— Exemption of State Revenue Recovery for Western Tidewater Regional Jail
— Limited Residential Lodging Act
— Unfunded Mandates
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- Transportation Funding
- Proffer/Impact Fee Legislation
- Assistance to Broadband Internet
- Support for Second Amendment
- Proffer/Impact Fees
The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree,
McCarty and Jefferson voting in favor and no Supervisors voting against the motion.
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION IN SUPPORT OF A VIRGINIA TELECOMMUNICATIONS INITIATIVE
GRANT TO PROVIDE BROADBAND SERVICE IN ISLE OF WIGHT COUNTY
WHEREAS, high-speed broadband connectivity is a necessity for families and
businesses attempting to access a wide array of services including, but not limited
to, education, healthcare, e-commerce, banking, communication, etc.; and,
WHEREAS, a significant portion of the 15,000 homes and 2,000 businesses in Isle of
Wight County are underserved or unserved relative to reliable high-speed
broadband internet service; and,
WHEREAS, the Board of Supervisors of Isle of Wight County is committed to
providing local match funding sufficient to support implementation of the
broadband project.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors
of the County of Isle of Wight, Virginia authorizes the submission of a Virginia
Department of Housing and Community Development Virginia
Telecommunications Initiative Grant application.
BE IT FURTHER RESOLVED that the County Administrator is authorized to sign and
submit the appropriate documents for the submittal of the Virginia
Telecommunications Initiative Grant proposal and any subsequent contract
documents necessary to satisfy program requirements.
The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree,
McCarty and Jefferson voting in favor and no Supervisors voting against the motion.
Chairman Grice requested a breakdown be provided at the Board's next meeting
of the money to be received by the County and any other monies that are unspent.
Supervisor Rosie requested a letter be drafted to the towns and the schools
requesting their support.
NEW BUSINESS
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Resolution to Amend the FY2021-22 Budget and Appropriate Funds from the
Federal Government ($1,300,000):
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY 2021-22 BUDGET AND APPROPRIATE FUNDS
FROM THE FEDERAL GOVERNMENT
WHEREAS, Isle of Wight County Schools will receive additional funding from the U.
S. Department of Agriculture in the amount of$1,300,000 for school breakfasts and
lunches for the FY2021-22 school year; and,
WHEREAS, the Board of Supervisors wishes to amend the FY 2021-22 budget and
appropriate federal funding to the Food Service category within the Isle of Wight
County Schools budget.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2021-22 budget is hereby amended and funds in the
total amount of one million three hundred thousand dollars ($1,300,000) be
appropriated to the Food Service budget category.
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 unanimously (5-0) with Supervisors Grice, Rosie, Acree,
McCarty and Jefferson voting in favor and no Supervisors voting against the motion.
ADJOURNMENT
At 10:00 p.m., Chairman Grice declared the meetin! _ • urned.
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Richard L.Q airman
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Carey �Ils Millsrm, Clerk
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