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09-15-2022 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 FIFTEENTH DAY OF SEPTEMBER 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 Donald T. Robertson, Assistant 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 AGENDA Vice-Chairman McCarty made a motion to adopt the agenda as presented. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson 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 a 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, pursuant to subsection 1 (2) Consultation with legal counsel regarding actual or threatened litigation regarding Chesapeake Bay Preservation Area, Drainage Outfalls, Transportation, and M&T tax where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7. (3) A discussion regarding the lease of publicly held property in the Town of Smithfield, namely, tax map parcel or portion of tax map parcel 21A-01- 184, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3. 1 (4) Consultation with legal counsel employed by the Board regarding specific legal matters, namely the Board's to make donations, requiring the provision of legal advice by such counsel, pursuant to subsection 8. The motion was unanimously adopted (5-0). At 6:00 p.m., 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 2 Supervisor McCarty delivered the invocation and led the Pledge of Allegiance. CITIZENS' COMMENTS No one signed up to speak. CONSENT AGENDA Supervisor McCarty moved that the following Consent Agenda be adopted: RESOLUTION TO AMEND THE FY 2022-23 OPERATING BUDGET AND APPROPRIATE FUNDING FOR REPAIR OF COUNTY PROPERTY FROM INSURANCE PROCEEDS WHEREAS, the County of Isle of Wight, Virginia has received insurance proceeds from VaCorp Insurance for damaged County vehicles and property; and, WHEREAS, the Board of Supervisors desires to amend the FY 2022-2023 Public Utility Fund budget in the amount of$7,475 for repair of damaged County property and to the FY 2022-23 General Fund budget in the amount of $15,384 for repair of damaged County vehicles; and, WHEREAS, the Board of Supervisors needs to appropriate insurance proceeds in the amount of $7475 to the Public Utility Fund for repair of damaged County property and insurance proceeds in the amount of$15,384 to the General Fund for repair of damaged County vehicles. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the FY 2022-23 budget is hereby amended and funds appropriated in the amount of $22,859. 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. // RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA, APPROVING THE FINANCING OF EQUIPMENT AND THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS PREPARED IN CONNECTION THEREWITH The Board of Supervisors of the County of Isle of Wight, Virginia (the "Board") has determined it is in the best interest of the County of Isle of Wight, a body politic of the Commonwealth of Virginia (the "County") to undertake the financing of various vehicles (the "Project"), and the Finance Director has now presented a proposal for the financing of such Project. Truist Financial Corporation has indicated its willingness to provide financing for the Project in accordance with its proposal dated August 24, 2022. The amount financed shall not exceed $533,000.00, the annual interest rate (in the absence of 3 default or change in tax status) shall not exceed 3.30%, and the financing term shall not exceed five years from closing. THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA: 1. The recitals above are found and determined to be a part of this resolution. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. The County Administrator and/or Finance Director of the County are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The County Administrator is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The County Administrator is authorized to approve changes to any Financing Documents previously signed by County officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the County Administrator shall approve, with the County Administrator's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 4. The County shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. 5. To the extent necessary, the County intends that the adoption of this resolution will be a declaration of the County's official intent under Treas. Reg. §1.150-2 (the "Reimbursement Regulations") promulgated under the Internal Revenue Code of 1986, as amended, to reimburse expenditures for the Project. The County intends that funds that have been advanced, or that may be advanced, from the County's general fund, or any other County fund related to the Project, for Project costs may be reimbursed from the financing proceeds. 6. All prior actions of County officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. // 4 Minutes July 21, 2022 Work Session and Regular Minutes August 4, 2022 Work Session Minutes August 18, 2022 Regular Meeting Minutes The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. REGIONAL AND OTHER REPORTS Supervisor Rosie reported on items discussed at the most recent meeting of the Hampton Roads Military & Federal Facilities Alliance. County Attorney Jones updated the Board on a court proceeding involving Michael Vines who sought $19,575 in restitution which had been reduced to $13,075 with the provision that the County's portion would be further reduced by whatever recovery was made through his VACorp risk management policy. He added that VACorp recently paid $10,870 of that fee leaving the County responsible for owing only $2,180 to Mr. Vines. APPOINTMENTS There were no appointments offered for consideration. PUBLIC HEARINGS A. Aston Manor Estates Park Vacation Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the request for vacation of the park. Sandy Robinson, Zoning Coordinator, provided an overview of the application. Sean Howard, agent representing the applicant and the builder, advised that the owners intend to sell the lot and the developer intends to build a residential home. Kenneth Bunch of Old Myrtle Road spoke against the vacation of the park. He distributed pictures of the lot and advised that in 1975 all new subdivisions were required to have a park designated. He stated that the park has been maintained since its creation and he is in favor of leaving the lot as a park and not a residential lot. Seven persons stood in favor of denying the request for vacation of the park. William H. Holland of Old Myrtle Road spoke in favor of the lot remaining a park. Charles Smith of Old Myrtle Road spoke in favor of the lot remaining a park. s Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor Acree moved to deny the application. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. B. Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix D, Agricultural Districts, Section D-1, District Establishment County Attorney Jones advised that the Moonlight Agricultural Forestal District is set to expire on September 20, 2022 and is being offered for renewal, to include an additional ten-year period. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the Ordinance amendment. No one appeared and spoke. Chairman Jefferson closed the public hearing and called for comments by the Board. Supervisor McCarty moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX D.AGRICULTURAL DISTRICTS. SECTION D-1. DISTRICT ESTABLISHMENT. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it to be in the best interest of Isle of Wight County to continue its support for the conservation and protection of its agricultural and forestal lands; and WHEREAS, Section 15.2-4300 et seq. of the Code of Virginia (1950, as amended) provides localities with the legal authority to establish and maintain agricultural and forestal districts under which Isle of Wight County has enacted Appendix D of the Isle of Wight County Code; and WHEREAS, Section 15.2-4311 of the Code of Virginia (1950, as amended) requires that a review of said district(s) be made every four to ten years; and WHEREAS, the Moonlight agricultural/forestal district is set to expire September 20, 2022. WHEREAS, a review of the Moonlight agricultural/forestal district has determined that no changes need to be made to said district at this time. 6 NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix D, Agricultural Districts, Section D-1 of the Isle of Wight County Code be amended and reenacted as follows: APPENDIX D. AGRICULTURAL DISTRICTS. Sec. D-1. District establishment. The County of Isle of Wight, Virginia, finds that the conservation and protection of Its agricultural and forestal lands for the production of food and agricultural and forestal products is vital to the public interest and upon the advice of the agricultural and forestal districts advisory committee and the planning commission, and after the conduct of a public hearing, and with the concurrence of the landowners, the board of supervisors of Isle of Wight County does hereby promulgate the existence of the Longview agricultural district, the Knoxville agricultural district and the Courthouse agricultural district initially created and established by separate ordinances in accordance with the provisions of the Code of Virginia (1950, as amended), as follows: A. Longview agricultural district established on June 21, 1979 for a period of eight (8) years, and subsequently renewed, effective June 21, 1987 for a period of eight (8) years, renewed effective June 21, 1995 for a period often (10) years, renewed effective June 21, 2005 for a period of ten (10) years, and renewed June 21, 2015 for a ten (10) year period to expire on June 21, 2025; and B. Knoxville agricultural district established on April 21, 1983 for a period of eight (8) years, and subsequently renewed, effective April 21, 1991 for a period often (10) years, renewed effective April 21, 2001 for a period of ten (10) years, and renewed effective April 21, 2011 for a period of ten (10) years, and renewed September 16, 2021 (effective April 21, 2021) to expire on April 21, 2031; and C. Courthouse agricultural district established on September 15, 1988 for a period of eight (8) years, and subsequently renewed, effective October 17, 1996 for a period of ten (10) years, renewed effective October 17, 2006 for a period of ten (10) years, and renewed September 15, 2016 fora period of ten (10) years to expire on September 15, 2026. D. Moonlight agricultural/forestal district established on September 20, 2012 for a period of ten (10)years to expire on September 20, 2022, and renewed September 15, 2022 for a ten (10) year period to expire on September 15, 2032. (Ord. No. 2011-17-C, 9-1-11; Ord. No. 2012-9-C, 9-20-12; 6-18-15; 9- 15-16; 9-16-21; 9-15-22.) The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. COUNTY ADMINISTRATOR'S REPORT Chris Morello, Director of Economic Development, addressed the Board regarding a proposal to expand the County's Enterprise Zone through the Department of Housing & Community Development. County Administrator Keaton addressed the Board regarding a proposed fee schedule for the new facilities built at Heritage Park last fall. Staff was requested to do the following: Add language under Additional Services and Fees which states "at an hourly rate for additional set up assistance"; exclude until staff has a better feel for it address the pavilions and ancillary services and fees, but leave the section on the Fairgrounds as a whole off of the schedule until such time as staff can come back with more detail on the program; and place on the October meeting agenda for public hearing. Assistant County Administrator Robertson reported on how Zencity has been utilized to date to capture data on items that are of interest to the County and to conduct online surveys. Matters for the Board's information were covered by County Administrator Keaton related to the County Fair; Seafood Fest; earnings from the tractor pull; report on sales tax; and that the Board's CIP Committee members need to meet with the School's CIP Committee members next month. Members of the Board and senior administrative staff were asked to attend the Fair critique meeting held by the volunteers and that some sort of recognition be presented to the volunteers. UNFINISHED/OLD BUSINESS Following a short break, Chairman Jefferson called for consideration of the request for a Conditional Use Permit for the WaWa Convenience Store and Gasoline Station. At the request of the applicant, Supervisor McCarty moved to table the request until the Board's October meeting. The motion passed unanimously (5-0) with Supervisors McCarty,Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. 8 Assistant County Administrator Robertson presented the County's revised legislative priorities for the 2023 session of the General Assembly. He was requested to add the following issues to the County's list of priorities: Comp Board for the Sheriff; Constitutional Amendment; and Additional Sales Tax. Mr. Robertson is to provide the Board with proposed language regarding advertising costs. Responsive to advisement from County Attorney Jones that the next meeting of the Planning Commission will occur on October 14, 2022, Supervisor McCarty moved that the Board set a special work session with the Planning Commission on October 14, 2022 from 2:00 p.m. until 4:00 p.m. in the Robert C. Claud, Sr. Board Room for the purpose of discussing solar farms. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. Responsive to advisement from County Attorney Jones that the School Board has agreed to meet jointly with the Board on September 21, 2022 at 5:00 p.m. in the Westside Elementary School auditorium, Supervisor McCarty moved that the Board meet jointly with the School Board on September 21, 2022 at 5:00 p.m. at Westside Elementary School auditorium for the purpose of publicly discussing finances and conducting a closed meeting on school security. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. NEW BUSINESS Will Drewery, Emergency Management Coordinator, presented a Resolution to Establish a Community Emergency Response Team Program for the Board's consideration. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO ESTABLISH A COMMUNITY EMERGERNCY RESPONSE TEAM (CERT) WHEREAS, the Board of Supervisors recognizes the need for enhanced emergency response resources in the wake of recent, unprecedented, natural disasters in the county and the likelihood that such events will increasingly occur; and, WHEREAS, first responders to such natural disasters, and other emergencies, have to address often overwhelming circumstances in emergency situations; and, WHEREAS, the Federal government has established the Community Emergency Response Team (CERT) program under its Citizen Corps, a subsidiary of the USA • Freedom Corps created by Executive Order 13254 in 2002; and, 9 WHEREAS, the Board of Supervisors has the authority to establish a CERT that can be trained to help first responders and address various needs in the event of an emergency; and, WHEREAS, the Federal government offers resources to assist in the establishment and maintenance of a CERT team, including Federal grants through the Department of Homeland Security which fund materials for training and certification of CERT team members; and, WHEREAS, Isle of Wight County has an Emergency Management Coordinator designated to establish and oversee a CERT team. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Isle of Wight County, Virginia tasks the County's Emergency Management Coordinator to establish and oversee a Community Emergency Response Team. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. ADJOURNMENT At 8:30 p.m., Chairman Jefferson declared the meeting adjourned. athoi Pl ( ` Rudolph Jefferson, Chairman Carey Mills Storm, Clerk Zo