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11-18-2021 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 EIGHTEENTH DAY OF NOVEMBER 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 Jefferson moved that the agenda be adopted as presented. 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: 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 a discussion regarding the performance of a specific County employee, namely the County Administrator, pursuant to subsection 1. 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 Rosie 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 1 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 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Sheriff James Clarke delivered the invocation and led the Pledge of Allegiance to the American flag. CITIZENS' COMMENTS No one signed up to speak. 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 of Commitment to the Nike Park Road Extended Project ($2.2 million) 2 u B. Resolution to Amend the Budget and Appropriate Funding for a One-time Hazard Pay Bonus for Sworn Sheriffs and Sheriffs' Deputies ($185,696) C. Resolution to Commit Fund Balance for Future Debt Service ($2,645,925) D. Request for the Virginia Department of Transportation to Accept Certain Streets of the Batiste Estates Subdivision into the Secondary System of State Highways (Batiste Estates) E. Minutes September 16, 2021 Regular Meeting Minutes September 21, 2021 Special Called Meeting Minutes REGIONAL AND INTER-GOVERNMENTAL REPORTS Supervisor McCarty reported that the Port of Hampton Roads is the fastest growing port on the East Coast and has no back log. He advised that four to five new developers are showing interest in the Hampton Roads region for expansion. APPOINTMENTS • Supervisor McCarty moved that Randy Keaton be reappointed to serve on the Southeastern Public Service Authority. 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 Michael Etheridge be reappointed to serve on the Southeastern Public Service Authority. 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 Jimmy Sanderson, Davenport & Company, briefed the Board on capital project financing options for the Hardy Elementary School and provided a projected schedule for public hearing and adoption of a bond resolution. The consensus of the Board was for County Administrator Keaton to proceed with finalizing the amount; return to the Board at its December 9, 2021 meeting with a recommendation; and request the Board's authorization for staff to advertise a public hearing. Will Drewery, Emergency Management Coordinator, updated the Board regarding COVID-19 vaccination efforts. 3 Danny Byrum, Chairman, Isle of Wight County Fair Committee, provided a follow- up report from the County Fair Committee on the 2021 County Fair. Chairman Grice asked that staff provide a recommendation on awards that can be given to volunteers and Supervisor McCarty requested an aggressive plan for restrooms and some type of brochure for corporate partners to conduct retreats. Sheriff Clarke provided an update relative to recruitment and retention challenges currently facing the County's law enforcement operations. He extended an • invitation to the Board to attend the Top Cop luncheon on Saturday, November 20, 2021. Chairman Grice extended an invitation to Sheriff Clarke to join the Board at its December 9, 2021 work session and share his recruitment plan. The Board took a break and returned to open session. COUNTY ATTORNEY'S REPORT County Attorney Jones requested the Board to send any recommended changes to its by-laws and Rules of Procedure to him prior to the Board's organizational meeting. PUBLIC HEARINGS A. Proposed Redistricting Map Assistant County Administrator Robertson recalled that the Board had created a task force for the purpose of reapportioning the population and creating five election districts and that before the Board tonight is the recommended map created by such task force. Chairman Grice opened the public hearing and called for persons to speak in favor of or in opposition to the proposed map. Thomas DiStefano of the Newport District spoke in opposition to the proposed map citing his current district would change from the Newport District to the Windsor District and that he is satisfied with his current elected representative based on interactions and positive responsiveness received in the past. He remarked that the proposed map does not appear to maintain a contiguous district and does not maintain the district as compact as possible which is important because when a district is spread over a more distant area residents tend to share less of public services and therefore share a less common interest. He stated that the Route 17 4 Corridor should remain in the Newport District and he recommended that the districts also be named on the County's website in addition to numbers. Herb DeGroft of Mill Swamp Road remarked on the contiguousness, community of interest and the compactness of districts. He recognized the efforts of staff and the task force in this process. Chris David of Deep Water Way spoke in opposition to splitting the Newport District unnecessarily and not keeping within the principals of retaining a contiguous and compact district. Supervisor McCarty recognized receipt of emails from Chris David, Nikki Lowe, Drew Downing, Mrs. Jessica DiStefano and Mrs. Vandebrake, all expressing the same concerns as noted by Mr. DiStefano. Chairman Grice closed the public hearing and advised that the Board will be conducting a special joint meeting with the Board's Redistricting Task Force on Monday, November 22, 2021 at 6:00 p.m. in the Board Room. Supervisor McCarty requested that the meeting be recorded for the benefit of the public. B. Resolution to Amend the FY2021-2022 Budget and Appropriate Additional Funding for the Hardy Elementary School Replacement ($9,868,639) County Administrator Keaton stated that the bids for the proposed new Hardy Elementary School had come in approximately $10,000,000 over what was budgeted in the Capital Improvements Plan. He advised that because the amount is over a 1% increase in the budget, a public hearing is required. Chairman Grice opened the public hearing and called for persons to speak in favor of or in opposition to the proposed amendment. No one appeared and spoke in favor of or in opposition to the proposed resolution. Chairman Grice closed the public hearing and called for comments from the Board. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY2021-2022 BUDGET AND APPROPRIATE ADDITIONAL FUNDING FOR HARDY ELEMENTARY SCHOOL REPLACEMENT WHEREAS, the Isle of Wight County Board of Supervisors has approved construction of the Hardy Elementary School replacement; and, WHEREAS, the Construction Manager at Risk firm MB Kahn has submitted a Guaranteed Maximum Price which exceeds the Hardy Elementary School replacement budget by $9,868,639; and, WHEREAS, the Isle of Wight County Board of Supervisors and the Isle of Wight County Schools have accepted the Guaranteed Maximum Price; and, 5 L l WHEREAS, the Isle of Wight County Board of Supervisors needs to budget and appropriate the additional $9,868,639 cost using estimated bond funding. 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 $9,868,639 for the Hardy Elementary School replacement project. 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. C. Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing ($9,868,639) Chairman Grice opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Resolution. No one appeared and spoke in favor of or in opposition to the proposed resolution. Chairman Grice closed the public hearing and called for comments from the Board. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, Isle of Wight County, Virginia (the "County"), has undertaken the acquisition, construction, improvement and equipping of capital improvement projects for school purposes, including (without limitation) the Hardy Elementary School replacement (the "Project"); and, WHEREAS, the County has incurred or reasonably expects to incur additional costs related to the Project; and, WHEREAS, the County expects to advance its own funds to pay such additional costs related to the project (the "Expenditures") prior to incurring any additional indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or both. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. The County intends to utilize the proceeds of tax-exempt bonds (the "Bonds") or to incur other debt in an amount not currently expected to exceed $9,868,639 to pay costs related to the Project. 6 2. The County intends that the proceeds of the Bonds be used to reimburse the County for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior to the date of this Resolution. The County reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the County so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. 4. The County intends to make a reimbursement allocation, which is a written allocation by the County that evidences the County's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The County recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The County intends that the adoption of this resolution confirms the "official intent" within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. 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. D. Application of Accelerated Properties, LLC, Property Owner, for an amendment to a Conditional Rezoning to change the permitted uses to allow a laboratory on property zoned Conditional Limited Industrial located at 1 Monette Parkway Trenton Blowe, Planner, reviewed the proposed uses of the application and agency reviews by the Isle of Wight Economic Development, General Services, County Attorney, Health Department and VDOT, as well as the application's strengths and weaknesses and staff's recommendation. Chairman Grice opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. William Riddick, Attorney representing the applicant, advised no animal testing, discharges or anything of a dangerous nature will occur on this property. He stated the weakness is that it is not consistent with the County's future land use, but that the facility has been there since WWII. He advised that the applicant has spoken with the adjoining neighbor, Alan Monette, who has no objection to it. Chairman Grice closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the application be approved. 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. E. Proposed Revisions to the Isle of Wight County Zoning, Subdivision, and Chesapeake Bay Preservation Area Ordinances Amy Ring, Director of Community Development, reviewed the proposed changes to the Isle of Wight County Zoning, Subdivision and Chesapeake Bay Preservation Area Ordinances. Chairman Grice called for persons to speak in favor of or in opposition to the proposed revisions. No one appeared in favor of or in opposition to the proposed changes. Chairman Grice closed the public hearing and called for comments from the Board. Supervisor Rosie requested that the accessory structure setback be changed to five feet on the side or the rear if you are located to the side or rear of your home. He recommended that solar farm regulations be discussed in greater detail. Supervisor McCarty moved that the proposed revisions to the Isle of Wight County Subdivision Ordinance and Chesapeake Bay Preservation Area Ordinance be adopted and that the proposed revisions to the Zoning Ordinance be tabled. 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 No report was offered. UNFINISHED/OLD BUSINESS Michelle Clark, Director of Human Resources, reported that OSHA has temporarily halted the vaccine mandate based upon legal proceedings. She stated that staff will monitor the legal proceedings and bring any drafted policies and procedures to the Board for its consideration. She advised that staff is now working with the compensation study consultants and following an overview by the Board's Personnel Committee, staff will return to the full Board. 8 In an attempt to clear up any confusion regarding the application for a Conditional Use Permit for a WaWa store in the County, Ms. Ring notified the Board that staff had, in keeping with the County's ordinance, notified the Town of Smithfield and requested a courtesy review as the County's process is to do that when a development is in close proximity (one mile). She stated the newspaper had reported that the Town took the application to its Planning Commission which created some confusion that the application was actually within the Town of Smithfield and that the newspaper had printed the Town's Planning Commission's comments about the application which were only comments and not approving the application. NEW BUSINESS County Administrator Keaton presented a Resolution 'to Amend the Budget and Appropriate Funding from the American Rescue Plan Act to the Isle of Wight County Schools in the amount of $1,101,158 for replacement of boilers at Carrollton Elementary School, Carrsville Elementary School, Smithfield Middle School and Windsor Elementary School. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2021-22 BUDGET AND APPROPRIATE FUNDS TO THE SCHOOLS BUDGET WHEREAS, the Isle of Wight County School Board will receive federal funding via the American Rescue Plan Act (ARPA); and, WHEREAS, the School Board has requested that the Board of Supervisors appropriate ARPA funds to the Operational and Maintenance category in the School Division's FY 2021-22 budget for the replacement of boilers at Carrollton Elementary School, Carrsville Elementary School, Westside Elementary School and Smithfield Middle School. 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 ARPA funds in the amount of $1,101,158 are appropriated to the School Division's FY 2021-22 budget in the functional categories listed above. 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. Supervisor Rosie asked the School's Director of Budget& Finance to investigate and report back regarding the situation with special needs and teachers at the Smithfield High School and what is happening with the funding for that. 9 .. .F County Attorney Jones requested a closed meeting pertaining to a discussion regarding the performance of a specific County employee, namely the County Administrator, pursuant to subsection 1. 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 Acree 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 ADJOURNMENT 10 •• _i At 10:45 p.m., Chairman Grice declared the meeting adjourned. I Richard L. hairman LAINK,41(/: A • Carey ills Storm, Clerk 11