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03-16-2023 Regular MeetingREGULAR 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 MARCH IN THE YEAR TWO THOUSAND AND TWENTY-THREE BOARD MEMBERS PRESENT: William M. McCarty, District 2, Chairman Joel C. Acree, District 4, Vice -Chairman Richard L. Grice, District 1 Don G. Rosie, II, District 5 Rudolph Jefferson, District 3 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 McCarty called the regular meeting to order at 6:00 p.m. APPROVAL OF AGENDA Supervisor Jefferson moved to adopt the agenda as amended to move the Resolution to Approve the Employee Health Insurance Plan Offerings for Fiscal Year 2023-24 to following the Consent Agenda. 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 Jefferson moved to enter the closed meeting for the limited purpose of: Consultation with legal counsel employed by the Board regarding specific legal matters requiring the provision of legal advice by such counsel, namely the integration of State Code requirements, Roberts Rules and Board Policy, pursuant to subsection 8; a discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, pursuant to subsection 1; a discussion or consideration of the investment of public funds in securing juvenile pretrial detention services, where competition or bargaining is involved, where, if made public, the financial interest of the County would be adversely affected, pursuant to subsection 6; and, a discussion regarding the renegotiation of a lease of Water Tower space to a cellular provider, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3. 1 The motion was unanimously adopted (5-0). Upon motion of Vice -Chairman 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 Chairman 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 Pastor Batten, Rising Star Baptist Church in Smithfield, delivered the invocation and led the Pledge of Allegiance to the flag. 2 CITIZENS' COMMENTS Brian Carroll, Isle of Wight Volunteer Rescue Squad, spoke about the recent dissolution of the Surry County Rescue Squad noting that Surry County should embrace their volunteers, recognize the issues and jointly work to provide emergency medical services to its citizens. He recommended that the County not be a part of Surry's solution and that it not enter into any agreement to provide emergency medical services to Surry County. Herb DeGroft of Mill Swamp Road recognized the invaluable services provided by the County's fire, rescue and law enforcement personnel and thanked the Board for its past financial support of those organizations. He requested that the Board not approve the Isle of Wight County School's FY2024 proposed budget of $81,096,224 and recommended that it be appropriated level funding from last year minus the local per pupil expenditure of local funds for forecasted reduction of sixty students by the Superintendent. CONSENT AGENDA On motion of Vice -Chairman Acree, the Consent Agenda, as presented and follows, was adopted unanimously (5-0): A. Resolution to Amend the FY 2022-2023 Operating Budget and Appropriate Additional Funding for the Recreation Trails Program Grant ($132,668) B. Resolution to Amend the FY 2022-2023 Operating Budget and Appropriate Funding for Repair of County Property from Insurance Proceeds ($31,015) C. Resolution to Amend the FY2022-23 Budget and Appropriate Funds from the Virginia Department of Education School -based Health Workforce Grant ($86,828) D. Isle of Wight County Planning Commission 2022 Annual Report E. Memorandum of Agreement by and between the Isle of Wight County Board of Supervisors and Peninsula Trail Riders Incorporated F. Resolution of the Board of Supervisors of Isle of Wight County Virginia Requesting the Virginia Department of Transportation to Include Certain Streets in the System of State Highways, as follows: Brentwood Cove (Route 1070) from cul-de-sac (end) to cul-de-sac (start), 0.04 miles Brentwood Cove (Route 1070) from cul-de-sac (start) to (Route 1061) Oak Hill Lane, 0.07 miles Turner Landing Way (Route 1071) from cul-de-sac (end) to cul-de-sac (start), 0.05 miles Turner Landing Way (Route 1071) from cul-de-sac (start) to (Route 1060) Spring Hill PI., 0.17 miles 3 Turner Landing Way (Route 1071) from (Route 1073) Riley Way to Sycamore Walk, 0.05 miles Turner Landing Way (Route 1071) from (Route 1076) Bowler Way to Route 10 (Benn's Church Blvd), 0.07 miles Turner Landing Way (Route 1071) from Sycamore Walk to (Route 1076) Bowler Way, 0.06 miles Cedar Crest Drive (Route 1074) from Sycamore Walk to (Route 1076) Bowler Way, 0.06 miles Bowler Way (Route 1076) from Private Alley to (Route 1075) Spring Grove Way, 0.03 miles Bowler Way (Route 1076) from (Route 1071) Turner Landing Way to (Route 1074) Cedar Crest Drive, 0.14 miles Bowler Way (Route 1076) from (Route 1074) Cedar Crest Drive to Private Alley, 0.02 miles G. Minutes January 18, 2023 Regular Meeting Minutes February 2, 2023 Work Session Minutes February 23, 2023 Regular Meeting Minutes NEW BUSINESS Michelle Clark, Director of Human Resources, presented for consideration a Resolution to Approve the Employee Health Insurance Plan Offerings for Fiscal Year 2023-24. She explained that each year the County's employee health insurance plan offerings are based on benefit offerings, claims history, etc. to reflect updated benefits and County/employee contributions rates. In that regard, The Local Choice reflects a 1.6% increase for FY2024. Vice -Chairman Acree moved that the following Resolution be adopted: RESOLUTION TO APPROVE THE EMPLOYEE HEALTH INSURANCE PLAN OFFERINGS FOR FISCAL YEAR 2023-2024 WHEREAS, the next Employee Health Insurance Plan Year takes effect July 1, 2023; and, WHEREAS, the County participates in The Local Choice Health Insurance Program through Anthem and offers three plans; and, WHEREAS, The Local Choice Anthem Key Advantage 250 Plan, Key Advantage 500 Plan, and High Deductible Health Plan (with Health Savings Account) are recommended to the Board of Supervisors as the three plan offerings available for the plan year beginning July 1, 2023. NOW, THEREFORE, BE IT RESOLVED that the Health Insurance Plan offerings of The Local Choice Anthem Key Advantage 250 Plan, Key Advantage 500 Plan, and High Deductible Health Plan (with Health Savings Account) are available for employees 0 with employer and employee contribution rates effective July 1, 2023 as referenced in the attached exhibit. BE IT FURTHER RESOLVED that eligibility for participation in the Health Insurance Plan offerings is as follows: All regular full-time employees of the County, to include Appointees and Registrar, as well as elected officials to include Constitutional Officers and Board of Supervisors members, as well as local state -supported employees of the Isle of Wight Department of Social Services. 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. Chairman McCarty moved that a special meeting (Town Hall) be called on Thursday, March 30, 2023 from 6:00 p.m. to 8:00 p.m. at Carrollton Elementary School. The motion was adopted unanimously (5-0). REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Rosie provided highlights of the Hampton Roads Military Federal Facilities Alliance meeting advising that the Alliance is going to combine the NHR and the HRBRT due to duplications within those organizations. He stated that military families represent billions of dollars in the Hampton Roads economy and, subject to House and budget approval, are pushing for public shipyard revitalization, appropriation of funds for child development centers, military mental healthcare and providers, in addition to the creation of opportunities for military spouses related to employment. Supervisor Grice provided highlights of the Hampton Roads Workforce Council meeting related to barriers that have been experienced between communities competing over economic growth/workforce is finally breaking down. Low-income housing and a lack of childcare facilities were also discussed. Chairman McCarty advised that he has been elected Chairman of the Hampton Roads Transportation Planning Organization. APPOINTMENTS Supervisor Grice moved that Brenda Reynolds be appointed to fill the unexpired term of Teresa Frantz on the Commission on Aging representing District 1. 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. 5 Chairman McCarty moved that Sharon Foster be appointed to the Commission on Aging representing District 2. 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. Chairman McCarty moved to reappoint Russell J. Parrish to serve on the Historical Architectural Review Committee for an additional four-year term representing District 2. 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. Vice -Chairman Acree moved to reappoint Pat Humphries to serve on the Tidewater Emergency Medical Services Council for an additional two-year term which will expire in March of 2025. 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. Supervisor Rosie moved to reappoint Mike Klusmeier to serve on the Wetlands Board for an additional five-year term representing District 5. 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. Supervisor Grice moved that David Holland be recommended to the Circuit Court Judge for a one-year term on the Equalization Board representing District 1. 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. Chairman McCarty moved that Thomas Finderson be recommended to the Circuit Court Judge for a one-year term on the Equalization Board representing District 2. 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. Vice -Chairman Acree moved that Louie Edmond be appointed to serve on the Energy Task Force representing District 4. 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. Supervisor Grice moved that Lynn Barlow Briggs be appointed to serve on the Energy Task Force representing District 1. 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. Supervisor Jefferson moved that David Tucker be appointed to serve on the Energy Task Force representing District 3. The motion was adopted unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. 31 SPECIAL PRESENTATIONS Paul Matticks, VDOT Residency Administrator, provided an update on transportation matters; repair of secondary roads in neighborhoods; and, shared a VDOT proposal for the Route 17 (Sugar Hill Road) intersection. Brian Carroll, Vice -Chairman of the Fire & Rescue Advisory Board, and Scott Brower, Deputy Chief of the Carrollton Volunteer Fire Department, addressed the Board regarding a resolution adopted by the Advisory Board which addresses the replacement of fire and emergency medical services apparatus in the County and outlines other qualifying criteria inclusive of years of service and mileage. It was pointed out by County Administrator Keaton that the resolution does state that any proposed alteration would reside with the Advisory Board without coming back to the Board of Supervisors for approval. He stated secondly, the proposal adds four additional vehicles to the CIP and bond funds are already committed for specific trucks. He suggested that the Board consider funding the projects already committed in the budget with the bond funds and going forward set new parameters and how the additional vehicles, if needed, would be added to the budget in 2026. Supervisor Grice stated this matter needs to be returned to the CIP committee and the Fire & Rescue Advisory Board can make a presentation at the CIP committee along with other agencies. He stated that adjustments can be made without needing to advertise for another public hearing. Mr. Brower stated that he had attended a meeting which talked about building two schools out of that bond money. County Administrator Keaton stated that the first bond issue was for Hardy Elementary School and that it did not include Westside Elementary School. The second bond issue was to complete Hardy Elementary School. The idea was the second bond issue was supposed to have included Westside, but prices increased so much that the second bond issue only included finishing Hardy. Chairman McCarty noted that the resolution does not say that the County gives a lump sum towards apparatus. County Attorney Jones advised that what the Advisory Board's resolution does is define how the eight agencies are going to prepare and present their capital requests to this Board. Vice -Chairman Acree moved that discussion be tabled and the matter sent to the CIP Committee for discussion before returning the matter to the Board for additional discussion. 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. Chief Humphries and Lt. Smith from Station 10 appeared before the Board and announced that the County has been awarded $959,020 from FEMA for replacement of the SCBA system. Following a break, Chairman McCarty called for the County Administrator's report. County Administrator Keaton notified the Board of grants applied for by the County in the amount of $3,990,000 related to the elevated storage tank at Benn's Grant that will serve Riverside Hospital; the Route 258 waterline extension project to serve Clydesdale Mobile Home Park and the Isle of Wight County Fairgrounds; the Thomas Park sewer improvements; and, the water system lead abatement program. County Administrator Keaton notified the Board that the County is NOT on the Auditor of Public Accounts' list as a locality that did not meet their deadlines for comparative reports. He recognized the Department of Budget and Finance for an excellent job keeping and adhering to all the deadlines. Assistant County Administrator Robertson provided an overview of the results of a recently conducted community survey by Zencity of County residents regarding County services. There was general discussion by the Board regarding the need for greater retail opportunities; the need for more things to do in the County; and, that the County consists of an older population because the children are leaving. It was noted that Development Service Districts represent 15% of the County's total land mass which equates to the remaining 85% being protected as rural. The Board agreed on the need for additional discussion to determine why the County is not seen as a destination point and it was suggested that the talents of those in the leadership program be utilized regarding issues and concerns facing today's generation. County Administrator Keaton presented a proposed FY2023-24 Operating & Capital Budget calendar for the Board's information and action. On motion of Chairman McCarty, the following 2023-24 Budget Calendar was unanimously (5-0) adopted: Thursday, April 6th @ 6:00 p.m. (Work Session) Thursday, April 13th @ 6:00 p.m. (Budget Work Session) Thursday, April 20th @ 5:00 p.m. (Budget Public Hearing) Thursday, April 271h @ 6:00 p.m. (Budget Work Session) Thursday, May 4th @ 6:00 p.m. (Work Session) Thursday, May 11th @ 6:00 p.m. (Budget Adoption Meeting) UNFINISHED/OLD BUSINESS No unfinished/old business was offered for discussion. NEW BUSINESS Captain Tommy Potter, Operational Manager, Isle of Wight County Sheriff's Office, provided background information on the Military Surplus Program and notified the Board of the County's intent to request assets from Federal sources. Captain Potter addressed the Board regarding gunfire complaints received by the Sheriff's office on a weekly basis. He referred to Section 12-11.1 — Discharging Firearms of the Isle of Wight County Code which stipulates that no person shall discharge any firearm within the County within one thousand feet of a (i) platted subdivision; (ii) business establishment; (iii) public building; (iv) public gathering or (v) public meeting place, unless engaged in lawful hunting. He explained that for purposes of this subsection (a), a "platted subdivision" shall mean a single-family residential subdivision of more than five lots platted at the same time. He shared details of a recent case involving residents of Vellines Lane and Yellow Rock Road who had reported that bullets were striking trees in the area. As a result, a homeowner on Rocky Road was interviewed and had admitted that he had been target shooting in his backyard. A visit of the property had revealed that the homeowner's target shooting had consisted of a dozen or so targets set up in his back yard and that the target shooter was in violation of the ordinance if he shoots in his front yard, but not if he shoots in his backyard. He stated that the sheriff's office wishes to promote safe and effective gun ownership and sport shooting and recommends adding some type of requirement for a suitable backstop. County Attorney Jones reviewed Section 18.2-56.1 of the Code of Virginia pertaining to reckless handling of firearms, reckless handling while hunting. He stated that it is also illegal to discharge a firearm when the projectile crosses the road. He suggested possible additions to the Ordinance as follows: (1) It shall be unlawful for any person to discharge a firearm for recreational or target shooting purposes; (2) (A) In such a way as will, or is likely to, result in the load thereof leaving the boundaries of the property or parcel upon which the firearm is lawfully discharged, unless permission to do so has been granted by the adjacent landowner. A projectile leaving the boundaries of the property or parcel shall be prima facie evidence of a violation of this section. (B) Without a backstop that will adequately contain the projectile to the property upon which it was discharged. At a minimum, the backstop shall be composed of a natural or manmade berm, dike, or other physical barrier that is located behind and beyond the target and that is constructed of a material that will allow the projectile to penetrate the backstop, berm, dike or other physical barrier but not pass all the way through it. (C) Between the hours of 10:00 p.m. and 7 a.m. 9 County Attorney Jones offered to meet with the Sheriff's office to develop appropriate language dealing with dwellings and what might be an appropriate distance and bring the matter back to the Board for its comments with a public hearing scheduled following the adoption of the budget. At the request of Supervisor Jefferson, the Sheriff's Office offered to assign a Deputy on Saturday, March 18, 2023 to observe shooting on James Way. County Administrator Keaton presented a resolution appropriating funding for the additional cost of a tanker truck for the Windsor Volunteer Fire Department. He explained that the Windsor Volunteer Fire Department had purchased a new tanker truck. He advised that there is currently $400,000 in the budget under the Capital Projects Fund and the truck was $27,403 over that amount so the Fire Department contributed that amount and when the truck arrives in May the grant agreement will be done which will show their percentage versus the County's percentage. This is to accept their check and apply that towards the purchase of the vehicle, he stated. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2022-2023 BUDGET AND APPROPRIATE FUNDING FOR ADDITIONAL COST OF APPARATUS FOR WINDSOR VOLUNTEER FIRE DEPARTMENT WHEREAS, the Board of Supervisors has approved funding for the purchase of a Freightliner 2-door tandem 3000-gallon tanker for the Windsor Volunteer Fire Department in the amount of $400,000, and, WHEREAS, the selected, equipped vehicle exceeds the budgeted appropriation by $27,403; and, WHEREAS, the Windsor Volunteer Fire Department has agreed to contribute funding to Isle of Wight County for the additional cost of the purchase; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to amend the FY 2022-2023 Capital Project Fund budget in the amount of $27,403 from the Windsor Volunteer Fire Department for the purchase of the Freightliner 2-door tandem 3000-gallon tanker; and, WHEREAS, the Board of Supervisors needs to appropriate $27,403 for the purchase of the tanker. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the FY 2022-2023 budget is hereby amended, and funds appropriated in the amount of $27,403 or so much as shall be received from the Windsor Volunteer Fire Department for the additional cost of the purchase of a Freightliner 2-door tandem 3000-gallon tanker. 10 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 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 10:00 p.m., Chairman McCarty declared the regular meeting adjourned. 1.1 1 S... - William M. cCarty, Sr., Chairman 11