Loading...
12-09-2021 Regular Meeting .r i. 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 NINTH DAY OF DECEMBER 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 (Arrived at 5:20 p.m.) 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 adopted as presented. The motion was adopted (4-0) with Supervisors Grice, Rosie, McCarty and Jefferson voting in favor; no Supervisors voting against the motion; and Supervisor Acree absent for the vote. The Board left the meeting to attend the lighting of the Christmas tree on the front lawn and returned at 5:20 p.m. Supervisor Acree arrived at the meeting. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: A discussion regarding the sale or leasing of publicly held property, namely, tax map parcel or portion of tax map parcel 21 A-01-184, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3; and a discussion regarding the appointment of specific appointees to County boards, committee or authorities pursuant to subsection 1, to include those listed in the agenda. 1 b 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 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 Lucy Robertson, Pastor, Cypress Baptist Church, delivered the invocation and led the Pledge of Allegiance to the American Flag of the United States of America. 2 CITIZENS COMMENTS Steven Kirkpatrick, Western Tidewater Free Clinic, extended the Clinic's appreciation for the County's past financial contributions and reported on services received by County residents at the Clinic. Matthew O'Brien spoke in favor of rifles being allowed for big game hunting in the County. Mr. O'Brien was advised that during the Board's earlier work session today, the County Attorney was directed to return at the Board's next work session with a draft proposal to allow hunters to use rifles to hunt big game in the County. 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 FY2021-22 General Fund Operating Budget and Re- appropriate the Unspent FY2021 School Operating Funds ($666,817) B. Employment Agreement (County Administrator Keaton) C. Resolution to Amend the FY2021-2 Operating Budget and Appropriate Funding for a Virginia Department of Environmental Quality Litter Prevention & Recycling Grant ($12,519) D. Minutes October 7, 2021 Work Session Minutes October 21, 2021 Regular Meeting Minutes REGIONAL AND INTER-GOVERNMENTAL REPORTS County Administrator Keaton informed the Board that Lies! DeVary, Executive Director of the Southeastern Public Service Authority, has announced that she will be leaving the Authority and Dennis Bagley will serve as the Interim Director until a new Director is hired. Supervisor Rosie advised that the total payroll of the Hampton Roads Military & Federal Facilities Alliance is $19.4 billion. Supervisor McCarty advised that there will be an arrival ceremony for the tunnel boring machine on December 14, 2021. 3 w )" APPOINTMENTS Supervisor McCarty moved that Pam Barton be appointed to serve on the Senior Services of Southeastern Virginia. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion: SPECIAL PRESENTATIONS/APPEARANCES The Board received an update on the following related to COVID-19 by Will Drewery, Emergency Management Coordinator: Overall COVID-19 County for Isle of Wight 7 day rolling averages COVID-19 by locality cases and deaths by locality vaccine doses administered —statewide vaccine doses administered by locality of residence (Isle of Wight) Isle of Wight vaccination data vaccination statistics by age (Isle of Wight County) Isle of Wight vaccination efforts layers of protection Mr. Drewery was requested to look into the rules and regulations governing pharmacies and their hours of operation. COUNTY ATTORNEY'S REPORT County Attorney Jones recalled that he had previously distributed copies of the Board's By-laws and Rules of Procedure and he asked the Board to provide any suggestions or comments to him in preparation of adoption at the Board's organizational meeting in January 2022. The Board was requested to review and consider its meeting schedule for regular and work sessions for calendar year 2022 and be prepared to act on adopting it at its organizational meeting. County Attorney Jones advised that he is in receipt of a real estate contract from JWL, LLC in which they are seeking to purchase approximately one acre of land that is owned by the County and runs between James and Cary Streets and part of the YMCA complex owned by the County which is contingent upon the purchasers obtaining the subdivision of this property, as well as contingent upon once they reach the appropriate point having this Board advertise this matter for a public hearing before any final transfer of the property takes place and that the purchaser is responsible for all of the expenses. 4 Supervisor McCarty moved to authorize County Administrator Keaton to execute the contract on behalf of the County. 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. Responsive to Supervisor Rosie, County Attorney Jones advised that the Board does not have the authority to make interim appointments to the School Board or any other agency or authority that is not directly under it. Supervisor Acree favorably spoke about conducting a town hall meeting or work session that can be moved throughout the County to ensure that the correct information gets out to the public. PUBLIC HEARINGS Chairman Grice called the public hearing open on the lease of the old Circuit Court Clerk's Office. County Attorney Jones advised that the Isle of Wight Historical Society is desirous of leasing the old Circuit Court Clerk's Office for 25 years at a $1 per year and that the Society will be contributing up to $25,000 towards the dedicated HVAC unit and to offset the cost of renovation. He further advised that the Society will also be responsible for the maintenance and repair of the HVAC unit and their own equipment. Chairman Grice called for persons to speak in favor of or in opposition to the proposed lease. Henderson of the Windsor District and Nick Blevens of Smithfield spoke in favor. Chairman Grice closed the public hearing and called for comments by the Board. Supervisor McCarty moved that execution of the lease agreement with the Isle of Wight County Historical Society be authorized. 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 called for a public hearing on a lease for 13.7 acres of farmland located on Great Springs Road and owned by the County. County Attorney Jones briefed the Board stating that former lease of the property was with the Stallings Farms before he retired and for the last year with the Oliver Farms. The lease is for a three-year term at $1,096 a year or $80 per acre. 5 . • Chairman Grice called for persons to speak in favor of or in opposition to the proposed lease. No one appeared and spoke in favor or in opposition. Chairman Grice closed the public hearing and called for comments from the Board. Supervisor Acree moved that execution of the lease agreement with Oliver Farms LLC be authorized. 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 County Administrator Keaton advised that the low bid on the Hardy Elementary School 500,000 water tank came in at $2,843,347. Supervisor Rosie moved to approve the contract with M. B. Kahn for the Hardy Elementary School water tank in an amount of $2,843,347. 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 provided an update on the removal of the garage on the Stoup property which occurred today. County Administrator Keaton advised that employees raised and donated $10,281 for the United Way campaign. The Board was advised of the anticipated receipt of an additional $37,137.68 in Federal State and Local Fiscal Recovery Funds through the American Recovery Plan Act for the COVID-19 ARPA SLFRF Municipal Utility Assistance Program. The Towns of Smithfield and Windsor additionally received utility assistance funds and are required to work in cooperation with the County to disperse the funds. The Board took a break and upon returning to open session, Chairman Grice called for matters of unfinished/old business. Herb Finch, GIS Manager, displayed two proposed redistricting maps for the Board's consideration. 6 Supervisor McCarty noted that the main difference between the two maps is impact to the northern end of the County, what is now District 4 and formerly the Newport District and the Windsor District is District 3. He remarked that even the small adjustments between those two districts also impacted the Town of Smithfield. He stated that one map shows three Board members reaching into the Town of Smithfield and the other map shows only two Board members. County Attorney Jones advised that the map on the left side of the screen is the map that has only two districts impacting the Town of Smithfield and protects all current incumbents, but the map on the right does not, Mr. Finch noted that another weakness of the map on the right which was the Board's alternate map at previous meetings is that it has a slightly higher deviation as it is above 5% but still in the 6%to 7% range and it could be justifiable. He stated the second issue that makes that map a little weaker is there was an adjustment to the proposed map that brought an extra census block in for precinct purposes and that is not reflective in the map on the right side of the screen. Supervisor McCarty commented that based on strengths and weaknesses, he would be inclined to favor the map on the left based on the incumbencies, the precinct and the impacts of towns. Supervisor Acree commented that some people are having an issue with changing the names of the districts to numbers. He stated there is an issue with people who move here and have a Carrollton address and reside in the Windsor District which is confusing. He stated we really want to make it where everyone has appropriate representation and not restrict it based on just names. Supervisor Rosie remarked that the Board serves all the citizens of Isle of Wight County. Supervisor Jefferson spoke in favor of the Board conducting town meetings and that more one Board member may need to participate. County Attorney Jones reviewed the process associated with the adoption of a Redistricting Ordinance and advised that once he has presented it to the Attorney General's office, there is a 60-day window in which to issue a certificate of no objection. Following that, the Board will need to discuss polling places and precincts which cannot be done until the State finalizes the congressional districts, the State Senate districts and State House of Delegates districts. He stated that once we know where those lines are, we can then draft out the precincts and polling places. Supervisor McCarty moved to adopt the Ordinance and the map labeled as the Board of Supervisors' proposed map. 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. a Under the subject of capital project financing options, the Board was requested to anticipate receiving an overview of the projects to be funded for the 2020-22 bond issue and that staff will proceed with $18.5 million and advertise for public hearing. // The Board discussed its respective calendar obligations and selected January 10, 2021, for its strategic planning retreat. Assistant County Administrator Robertson is to advise the location and send out a proposed agenda. NEW BUSINESS Amy Ring, Director of Community Development, provided an overview of the proposed new proffer revisions for the Benns Grant Apartments as sought by the applicant as they apply to the apartment parcel to clarify design requirements and remove items that are no longer applicable to the project. Staff recommends approval of the revised proffer conditions because they do not impact the use or density of the original project and are generally consistent with the approved master plan for the community. Henry Morgan of 220418 Ballard Creek Drive remarked on his appreciation to staff for their responsive, professional, responsible and helpful ways in which they have worked with him and the developers on this project. He asked for continued support, should the Board vote in the affirmative tonight on this application, on getting the site plan approved due to concerns with interest rate and Federal government changes. Supervisor McCarty moved to waive the public hearing 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. Supervisor Jefferson moved that the revised proffer conditions 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. ADJOURNMENT At 8:50 p.m., Chairman Grice declared the regular meeting adjourned. etli4 0D eCittiltli.651-61(71 Rudolph Jefferson, Chairman Carey Mills Storm, Clerk 8