06-16-2022 Regular Meeting 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 SIXTEENTH DAY OF JUNE IN THE YEAR TWO THOUSAND AND
TWENTY-TWO
BOARD MEMBERS PRESENT
Rudolph Jefferson, District 3, Chairman
William M. McCarty, District 2, Vice-Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5
Joel C. Acree, District 4
STAFF MEMBERS PRESENT
Randy R. Keaton, County Administrator
Robert W. Jones, Jr., County Attorney
Carey Mills Storm, Clerk
CALL TO ORDER
Chairman Jefferson called the regular meeting to order at 5:00 p.m.
APPROVAL OF THE AGENDA
Supervisor McCarty moved that the agenda be approved with the following
additions: 1.) Under Old Business, add an item concerning No Wake Zone signs on
Jones Creek and 2.) Under New Business, add an item concerning the titling of an
ambulance for the Isle of Wight Rescue Squad. The motion was adopted
unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree
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, Supervisor McCarty moved
to enter the closed meeting for the limited purpose of:
(1) A discussion regarding the appointment of specific appointees to County
boards, committee or authorities as set forth in the agenda, and the
performance of specific employees of the Department of Planning and
Zoning, pursuant to subsection 1
(2) Consultation with legal counsel regarding actual litigation regarding
Chesapeake Bay Preservation Area, the park-to-park trail, Drainage Outfalls
and M&Ttax where such consultation would adversely affect the negotiating
or litigation posture of this public body pursuant to subsection 7.
(3) Consultation with legal counsel employed by the Board regarding specific
legal matters requiring the provision of legal advice by such counsel
regarding enforcement of Vehicle Grant Agreements and parking
enforcement, pursuant to subsection 8.
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(4) A discussion concerning a prospective business or the expansion of an
existing business where no previous announcement has been made of
business' interest in locating or expanding its facilities in the County at the
Shirley T. Holland Industrial Park, the Rt. 460 83-acre site, and the former DJJ
site, pursuant to subsection
(5) Discussion or consideration of the disposition of publicly held real property
in the Central Hill and Rushmere areas, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the
Board pursuant to subsection 3.
The motion was unanimously adopted (5-0).
Upon motion of Supervisor McCarty and all voting in favor(5-0),the Board returned
to 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
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ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION
Pastor Blake Winfield of Hope Presbyterian Church delivered the invocation and led
the Pledge of Allegiance to the American Flag.
CITIZENS' COMMENTS
Caleb Kitchen, District 4, reported that the Virginia Department of Elections voter
registration cards have been mailed out advising County residents of their new
voting locations and new districts. He advised that Tuesday is the Republican
Primary for the Second Congressional District and the polls will be open with the
exception of the Bowling Green Precinct which has been moved to the Isle of Wight
Ruritan Club for this Primary only. He noted that this Saturday is the last day to
vote early.
CONSENT AGENDA
A. Resolution to Amend the FY2022-23 Operating Budget and Appropriate
Funding for Employee Compensation ($211,830)
B. Resolution to Amend the FY2022-23 Budget and Appropriate Funds from the
Commonwealth of Virginia ($296,457) to the Instructional Category within
the Isle of Wight County Schools Budget
C. Resolution to Adopt an Information Security Incident Response Plan
D. Resolution to Adopt the Updated 2022 Hampton Roads Hazard Mitigation
Plan
E. A Resolution to Decline Tenancy in Common in Public School Property
F. Resolution to Amend the FY2021-22 Grant Fund Budget and Appropriate
Funding for the Farmer's Market ($5,000)
G. Resolution to Amend Chapter 1: Personnel, Article III —Compensation Plan,
Sections 3.3 and 3.6 of the County Policy Manual
H. Resolution of the BOS of IOWC to Request VDOT to Include Certain Streets
in the System of State Highways (Briarmeade Estates)
I. Vehicle Grant Agreement for Carrollton Volunteer Fire Department Ladder
Truck
J. Vehicle Grant Agreements for Isle of Wight Volunteer Rescue Squad for a
Medic Unit and an ambulance Re-Chassis
K. Resolution to Amend the FY2021-22 Budget and Appropriate Funds for
Capital Improvements Projects ($7,207,988)
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L Minutes
April 28, 2022 Budget Work Session
May 12, 2022 Budget Approval Minutes
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Supervisor McCarty moved that the Consent Agenda be adopted as presented. The
motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice,
Rosie and Acree voting in favor of the motion and no Supervisor voting against the
motion.
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REGIONAL AND INTER-GOVERNMENTAL REPORTS
No reports were offered.
APPOINTMENTS
No appointments were offered.
SPECIAL PRESENTATIONS
Gerald H. Gwaltney, Commissioner of Revenue, provided an overview of tax
exemption options available to County residents.
Responsive to Supervisor McCarty's inquiry about future incentives for County
residents, Mr. Gwaltney advised that the County has adopted all exemptions
granted by the General Assembly with the exception of the one related to personal
property relief for those over 65 with an income level of $7,500.
COUNTY ATTORNEY'S REPORT
There was no report offered.
PUBLIC HEARINGS
A. Route 10 Waterline Booster Station Conditional Use Permit
Amy Ring, Director of Community Development, represented the request for a
Conditional Use Permit and an exception request from the Highway Corridor
Overlay District for use of a chain-link fence.
Chairman Jefferson opened the public hearing and called for citizens to speak in
favor of or in opposition to the application.
Ken Turner, design engineer, Timmons Group, provided an overview of the project
and requested approval of the Conditional Use Permit and the exception to use a
chain-link fence.
Chairman Jefferson closed the public hearing and called for comments from the
Board.
County Administrator Keaton was requested to explore other types of fencing and
bring back cost estimates for a more aesthetically pleasing fence other than barb-
wire.
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Supervisor McCarty moved that the Conditional Use Permit be approved. The
motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice,
Rosie and Acree voting in favor of the motion and no Supervisor voting against the
motion.
B. Deed of Easement for Community Electric
County Attorney Jones advised that Community Electric Cooperative is seeking an
easement to allow electric service to serve a single-family residence at 12507 Four
Square Road which crosses the County's well lot.
Chairman Jefferson called for persons to speak in favor of or in opposition to the
proposed easement.
No one appeared and spoke.
Chairman Jefferson closed the public hearing and called for comments from the
Board.
Supervisor McCarty moved that the Chairman be authorized to execute the Deed
of Easement. The motion was adopted unanimously (5-0) with Supervisors
Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no
Supervisor voting against the motion.
COUNTY ADMINISTRATOR'S REPORT
Ms. Ring reviewed the "Share the Isle: Isle of Wight County's Plan for an Age and
Mixed Ability Inclusive Community" for the Board's information.
In additional to matters contained in the agenda for the Board's information,
County Administrator Keaton reported that the Windsor Library addition design
work took longer than anticipated and staff anticipates going out to bid on that
project in July. He further reported on bids for projects at Heritage Park.
Supervisor Acree requested staff to develop a para-medicine program. County
Administrator Keaton advised that staff is currently reviewing lessons learned from
other localities and a report on his findings will be presented to the Board.
UNFINISHED/OLD BUSINESS
Michael Etheridge, Solid Waste Manager/Public Works, addressed the Board
regarding proposed improvements to the Wrenn's Mill Refuse and Recycling Center
which will significantly improve the current flooding issue; increase disposal
capacity due to a stormwater problem; address traffic flow; decrease site
maintenance; drastically decrease environmental issues; increase disposal options
adding residential construction waste; and drastically increase safety and
maneuverability in servicing containers. He advised that the bid price came in at
$862,700 to complete this joint project between the Public Works and Stormwater
departments.
Supervisor McCarty moved to approve the low bid of Brown's Enterprises LLC and
necessary funding and authorize County Administrator Keaton to execute all the
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contract documents related to this project. The motion was adopted unanimously
(5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor
of the motion and no Supervisor voting against the motion.
The Board took a break.
County Administrator Keaton presented a corrected resolution from the resolution
contained in the Board's agenda at its previous meeting which referenced two
specific projects and should have been for capital maintenance in general.
Supervisor McCarty moved that the following resolution be adopted:
RESOLUTION TO AMEND THE FY 2021-2022 GENERAL FUND
BUDGET AND APPROPRIATE SCHOOL CAPITAL MAINTENANCE
FUNDS
WHEREAS, on June 30, 2021, the Isle of Wight County FY 2020-2021
General Fund Budget had unexpended funds appropriated for School Capital
Maintenance; and,
WHEREAS, at its regular meeting on May 19, 2022, the Board adopted a
resolution that was subsequently determined to have contained errors; and,
WHEREAS, the Isle of Wight County School Board has requested unexpended
funds in the amount of $197,444 be made available in FY 2021-2022 for
School Capital Maintenance items; and,
WHEREAS, the Board of Supervisors has approved the request to amend the
FY 2021-2022 County budget from the General Fund Unassigned Fund
Balance to the School Capital Maintenance Account; and,
WHEREAS, the Board of Supervisors needs to appropriate $197,444 for the
School's capital maintenance and repair needs.
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 $197,444 to the School Capital
Maintenance Account.
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 Jefferson, McCarty,
Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting
against the motion.
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County Administrator Keaton recalled that earlier under the Consent Agenda there
was a budget amendment of$296,457 in additional funding from the State and the
amount of funding from the set aside can be reduced. He advised that the School
Board is requesting that the Board consider taking some of the set aside funds in
that same amount to fund School Resource Officers.
Following a lengthy discussion, the Board's consensus was to dedicate its July work
session to the discussion of school security measures.
Due to a conflict with Supervisor Acree's calendar, Supervisor McCarty moved that
the following resolution be adopted moving the July 14, 2022 meeting to July 21,
2022 with a work session beginning at 3:00 p.m. followed by the regular meeting
beginning at 5:00 p.m.:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY,
VIRGINIA TO CHANGE ITS MEETING SCHEDULE ADOPTED BY THE BOARD AT ITS
ORGANIZATIONAL MEETING OF JANUARY 6, 2022
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, held its
organizational meeting on January 6, 2022, in the Robert C. Claud, Sr. Board Room
located at 17130 Monument Circle, Isle of Wight, Virginia and adopted its 2022
meeting schedule; and,
WHEREAS, the Board of Supervisors, at its meeting held on June 16, 2022, made it
known that they desired to move their work session and regular meetings from July
14, 2022 to July 21, 2022.
NOW, THEREFORE, BE IT RESOLVED that the meeting date of its work session
scheduled to begin at 3:00 p.m. on July 14, 2022, be moved to Thursday, July 21,
2022, at 3:00 p.m. and its regular meeting scheduled to begin at 5:00 p.m. on July
14, 2022, be moved to Thursday, July 21, 2022, at 5:00 p.m. both to be held in the
Robert C. Claud, Sr. Board Room located at 17130 Monument Circle, Isle of Wight,
Virginia and,'as is required by the Board's By-laws and §15.2-1416 of the Code of
Virginia, that this resolution moving the meeting date be posted on the door of the
public meeting place and inserted in a newspaper having general circulation in the
County at least seven days prior to the first such meeting.
The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty,
Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting
against the motion.
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Supervisor McCarty asked for an update on the request for a No Wake Zone sign
on Jones Creek. Tommy Potter, Sheriff's Office, advised that he anticipates the
installation of the signs by the first of July.
NEW BUSINESS
County Attorney Jones explained that in 2018, the County had purchased an
ambulance in the amount of$217,447 and upon execution of the grant agreement,
the title was transferred to the Isle of Wight Volunteer Rescue Squad. The County
had retained a lien on the vehicle because public funds were used to purchase the
ambulance. The agreement provides the framework for the procedure when
equipment reaches the end of its useful life. The vehicle would be returned to the
County and the County would release its lien, sell it and any funds acquired would
be designated to be used by that particular agency. Part of the agreement says
that because of the lien,the agency cannot sell the equipment without the County's
consent. Based on the language of the agreement, he believes that the proceeds
should be assigned to the County.
Supervisor McCarty moved to approve the release of the lien on the vehicle upon
execution and assignment of the proceeds and authorize County Administrator
Keaton to sign on behalf of the County. The motion was adopted unanimously (5-
0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree 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, Supervisor McCarty moved
to enter the closed meeting for the limited purpose of a discussion regarding the
performance of specific employees of the Department of Planning and
Zoning, pursuant to subsection 1.
Supervisor McCarty moved that the Board enter the closed meeting for the reason
stated by County Attorney Jones. The motion was unanimously adopted (5-0).
Upon returning to open meeting, Supervisor McCarty moved and all voted in favor
(5-0) to reconvene 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
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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
At 9:30 p.m., Chairman Jefferson declared the regular meeting adjourned.
eCkitteltdE 51-61-1. Eddil /4WD
Rudolph Jefferson, Chairman
Carey Mills Storm, Clerk
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