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01-4-24 - Organizational MeetingORGANIZATIONAL 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 FOURTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND TWENTY-FOUR AT 11:00 A.M. BOARD MEMBERS PRESENT: William M. McCarty, Sr., Chairman, District 2 Joel C. Acree, District 4, Vice -Chairman Don G. Rosie, II, District 5, Rudolph Jefferson, District 3 Renee Rountree, District 1 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 County Administrator Keaton called the organizational meeting to order at 11:00 a.m. and the invocation and Pledge of Allegiance was delivered by Captain Tommy Potter with the Isle of Wight County Sheriff's Department. Under Approval of the Agenda, Chairman McCarty moved that the agenda be approved as presented. The motion was adopted by a vote of (5-0) with Supervisors Acree, Jefferson, Rosie, McCarty and Rountree voting in favor of the motion and no Supervisors voting against the motion. Under Election of Chairman for Calendar Year 2024, Supervisor Jefferson moved that Supervisor Acree be elected as Chairman of the Board for calendar year 2024. The motion was adopted by a vote of (4-0) with Supervisors, Jefferson, Rosie, McCarty and Rountree voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Acree abstaining from voting. County Administrator Keaton turned the meeting over to Chairman Acree. 1 Under Election of the Vice -Chairman for calendar year 2024, Supervisor McCarty moved that Supervisor Rosie be elected as Vice -Chairman of the Board for calendar year 2024. The motion was adopted by a vote of (4-0) with Supervisors Acree, Jefferson, McCarty and Rountree voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Rosie abstaining from voting. Under Appointment of the Clerk to the Board of Supervisors for Calendar Year 2024, Supervisor McCarty moved that Carey Mills Storm be appointed as Clerk to the Board for calendar year 2024. The motion was adopted by a vote of (5-0) with Supervisors Acree, Jefferson, Rosie, McCarty and Rountree voting in favor of the motion and no Supervisors voting against the motion. Under Appointment of a Deputy Clerk to the Board of Supervisors for Calendar Year 2024, Supervisor McCarty moved that Amber Johnson be appointed as Deputy Clerk to the Board for calendar year 2024. The motion was adopted by a vote of (5-0) with Supervisors Acree, Jefferson, Rosie, McCarty and Rountree voting in favor of the motion and no Supervisors voting against the motion. The following Resolution reflecting the following meeting schedule of the Board of Supervisors for Calendar Year 2024 was adopted unanimously (5-0) on motion of Supervisor McCarty: RESOLUTION TO ESTABLISH REGULAR MEETING AND WORK SESSION SCHEDULE FOR 2024 WHEREAS, the Board of Supervisors of the County of Isle of Wight is required by Section 15.2-1416 of the Code of Virginia to organize at its first meeting in January; and, WHEREAS, regular meetings of the Board of Supervisors (hereinafter referred to as "the Board") shall be held in the Robert C. Claud, Sr. Board of Supervisors' Room on the third (P) Thursday of the month unless otherwise set by the Board; and, WHEREAS, regular meetings shall begin at 5:00 p.m. for closed session purposes only, with all other matters to be heard and considered at 6:00 p.m.; and, 2 WHEREAS, work session meetings shall be held on the first (15t) Thursday of every month, at the same place as regular meetings, and shall begin at 6:00 p.m. unless otherwise set by the Board. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that regular meetings and work sessions of the Board shall be held as shown on the attached calendar for 2024. DATE TIME MEETING INVOCATION Thursday, January 4th 11:00 a.m. Organizational Acree Thursday, January 4th Following Organizational Work Session Tuesday, January 16th 5:00 p.m. Regular Meeting Rountree Thursday, February 15th 5:00 p.m. Regular Meeting Jefferson Thursday, March 7th 6:00 p.m. Work Session McCarty Thursday, March 21st 5:00 p.m. Regular Meeting Acree Thursday, April 4th 6:00 p.m. Work Session Rountree Thursday, April 18th 5:00 p.m. Regular Meeting Rosie Thursday, May 2nd 6:00 p.m. Work Session Jefferson Thursday, May 16th 5:00 p.m. Regular Meeting McCarty Thursday, June 6th 6:00 p.m. Work Session Acree Thursday, June 20th 5:00 p.m. Regular Meeting Rountree Thursday, July 11th 5:00 p.m. Regular Meeting Rosie Thursday, August 1st 6:00 p.m. Work Session Jefferson Thursday, August 15th 5:00 p.m. Regular Meeting McCarty Thursday, September 5th 6:00 p.m. Work Session Acree Thursday, September 19" 5:00 p.m. Regular Meeting Rountree Thursday, October 3rd 6:00 p.m. Work Session Rosie Thursday, October 17th 5:00 p.m. Regular Meeting Jefferson Thursday, November 7th 6:00 p.m. Work Session McCarty Thursday, November 21st 5:00 p.m. Regular Meeting Acree Thursday, December 12th 3:00 p.m. Work Session Rountree Thursday, December 12" 5:00 p.m. Regular Meeting Rountree Thursday, January 2, 2025 11:00 a.m. Organizational Rosie Thursday, January 2, 2025 Following Organizational Work Session 3 The following By-laws and Rules of Procedure of the Board of Supervisors for Calendar Year 2024 was adopted unanimously (5-0) as presented on motion of Supervisor Jefferson: ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS BY-LAWS AND RULES OF PROCEDURE Revised and Adopted January 4, 2024 ARTICLE 1— PURPOSE AND BASIC PRINCIPLES SEC. 1-1. PURPOSE OF BY-LAWS AND RULES OF PROCEDURE A. To enable County government to transact business expeditiously, transparently and efficiently affording every opportunity for the citizens to witness and participate in the operation of government; B. To protect the rights of each individual Board Member; C. To preserve the spirit of cooperation among Board members; and D. To determine the will of the Board on all matters. SEC.1-2. FIVE BASIC PRINCIPLES UNDERLYING BY-LAWS AND RULES OF PROCEDURE A. Only one subject may claim the attention of the Board at one time; B. Each item presented for consideration is entitled to full and free discussion; C. Every member has rights equal to every other member; D. The will of the majority must be carried out, and the rights and opinions of the minority must be preserved and respected; and 4 E. Each member shall remain respectful of fellow board members, even in times of disagreement, in speech and in behavior. ARTICLE 2 — MEETINGS SEC. 2-1. WHEN AND WHERE REGULAR AND WORK SESSION MEETINGS HELD A. The time and place of regular meetings and work sessions of the Board of Supervisors (hereinafter referred to as "the Board") shall be established at each annual organizational meeting. Such regular meetings shall be held in the Robert C. Claud, Sr. Board Room on the third (3rd) Thursday of the month unless otherwise set by the Board. Such meetings shall begin at 5:00 p.m. for closed session purposes only, with all other matters to be heard and considered at 6:00 p.m. Should the Board subsequently change the date, time or place of a regular meeting, it shall comply with the requirements of Section 15.2-1416 of the Code of Virginia (1950, as amended). B. Work session meetings shall be held on the first (1st) Thursday of every month, at the same place as regular meetings, and shall begin at 6:00 p.m. unless otherwise set by the Board. The purpose of such work sessions shall be to allow the Board an opportunity to further review items either held over by the Board at a regular meeting or such other items as may come before the Board at a regular meeting in the future. The Board shall not take any action to approve or deny any item before it during a work session, reserving such action solely to its regular meetings, except in matters which require immediate action due to time constraints or deadlines, fiscal policies and/or emergencies. SEC. 2-2. CONTINUED MEETINGS A regular or work session meeting shall be continued to the immediately following regular meeting date, time and place, unless otherwise set, if the Chair, or Vice Chair if the Chair is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. Such findings shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required. 5 SEC. 2-3. MEETING ADJOURNMENT Meetings of the Board shall adjourn when all business, or the agenda, before the body is complete, however it is not the Board's intent to begin a new agenda item after 11:00 p.m. unless and until a motion to extend the time has been offered and passed by a majority vote of the members present and voting. Any agenda item not conducted may be carried over to another meeting date. Any public hearing advertised for a regular meeting but not conducted may be rescheduled to another earliest possible convenient date, without further advertising when the date and time of the reconvened meeting is publicly announced at the preceding meeting. SEC. 2-4. SPECIAL OR EMERGENCY MEETINGS A. The Board may hold special or emergency meetings, as deemed necessary, at such date, time and place as it may find convenient; and it may adjourn from time to time. A special or emergency meeting of the Board shall be called pursuant to Sections 15.2-1417 and 15.2-1418 of the Code of Virginia (1950, as amended). B. Special or emergency meetings may be called by the Chair or any two (2) members in writing to the County Clerk for any purpose stated in the notice of the special or emergency meeting pursuant to Section 15.2-1418 of the Code of Virginia (1950, as amended). Only matters specified in the notice shall be considered unless all of the members of the Board are present. C. Notice, reasonable under the circumstances, to the public and press of any special or emergency meeting shall be given contemporaneously with the notice provided the members of the Board, and the County Attorney. SEC. 2-5. LEGAL HOLIDAY When a regularly scheduled meeting falls on a legal holiday, the meeting shall be held on the preceding business day unless the meeting is cancelled by a majority of the Board. SEC. 2-6. ANNUAL ORGANIZATIONAL MEETING R A. The Board shall meet on the first (1st) Thursday of January of each year which shall be known as the annual organizational meeting. The County Administrator shall preside during the annual organizational meeting pending the election of the Chair of the Board. B. The Chair shall be elected at the annual meeting for a term of one year, ending at the commencement of the organizational meeting the following year. C. Following the election of the Chair, he or she shall assume the Chair and conduct the election of the Vice Chair for the same term. D. Following the election of the Vice Chair, the Board shall: 1. Appoint the Clerk of the Board (as set forth herein); 2. Establish dates, times and places for its regular meetings; 3. Adopt its By -Laws and Rules of Procedure; and 4. Appoint Board members to standing and ad hoc committee; and 5. Conduct any other necessary business as determined by a majority vote of the Board. SEC. 2-7. PROCEDURE FOR ELECTION OF OFFICERS A. The following procedures shall be followed to elect the Chair and Vice Chair: 1. The presiding officer shall call for nominations from the membership. 2. Any member, after being recognized by the presiding officer, may place one or more names in nomination and discuss his or her opinions on the qualifications of the nominee(s). 3. When all nominations have been made, the presiding officer shall close the nominating process and call for the vote. 4. Each member may cast one vote for any one nominee. S. A majority of those voting shall be required to elect the officer. B. Officers shall serve until replaced. SEC. 2-8. SEATING ARRANGEMENT The Board Chair shall occupy the center seat on the dais with the Vice Chair occupying the seat at his or her immediate left. The remaining members of the Board shall determine their seating arrangement by seniority with the most senior member selecting his or her seat first and the remaining members selecting their respective seats in seniority order based on years served on the Board. In the event that two or more Board members have equal seniority, the selection of seating for those members shall be by alphabetical order. SEC. 2-9. QUORUM AND METHOD OF VOTING A. At any meeting, a majority of the Board shall constitute a quorum. B. All actions authorized by the Board shall be pursuant to a roll call vote which shall be taken by the Clerk or Deputy Clerk of the Board. The Clerk or Deputy Clerk shall call the name of each member and receive in reply the vote of such member as either "Yes" or "No" on the measure being considered. At the beginning of any meeting, the Clerk shall conduct a silent roll call of members present and absent. C. The order of voting shall be as called by the Clerk of the Board, with the Chair voting last. D. If there is an abstention, it shall be the responsibility of the Chair to note the abstention for the record and to request that the member abstaining state his or her reason for abstaining for the record. E. A tie vote fails. F. A motion to approve which fails shall be deemed a denial of the question on the floor. SEC. 2-10. CLOSED MEETING A. Closed meetings shall only be used when the matter to be discussed is exempt from open meeting requirements pursuant to the Virginia Freedom of Information Act. B. No meeting shall become a closed meeting until the Board takes an affirmative recorded vote in open session. Any member dissenting in such a vote shall state the reason for the dissent. 1. The motion to move to closed session shall state specifically the purpose or purposes which are the subject of the closed meeting and reasonably identify the substance of the matters to be discussed. The motion shall make specific reference to the applicable exemption(s) under the Freedom of Information Act, which authorizes the closed meeting. 2. The County Attorney shall assist the members in formulating the proper motion to move to closed session in accordance with the requirements of the Freedom of Information Act. C. No resolution(s), ordinance(s), rule(s), contract(s), regulation(s) or motion(s) considered in a closed meeting shall become effective until the Board reconvenes in an open meeting and takes a vote of the membership on such resolution(s), ordinance(s), rule(s), contract(s), regulation(s) or motion(s) which shall have its substance reasonably identified in the open meeting. D. At the conclusion of a closed meeting, the Board shall reconvene in open session immediately thereafter and shall cast a vote certifying that to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements were discussed; and PJ 2. Only public business matters identified in the motion convening the closed meeting were heard, discussed or considered. Any member who believes that there was a departure from the above requirements shall so state prior to the Chair's call for the vote, indicating the substance of the departure that, in his or her judgment, has taken place. E. The failure of the certification to receive the affirmative vote of the majority of the members present during the closed meeting shall not affect the validity or confidentiality of the closed meeting with respect to matters considered therein in compliance with the Freedom of Information Act. F. The Board may permit non-members to attend a closed meeting if their presence will reasonably aid the Board in its consideration of an issue. G. Prior to the certification of a closed meeting pursuant to the Virginia Freedom of Information Act, the County Attorney shall be responsible for remind all closed meeting participants of the intent that such closed meeting discussions remain confidential, as provided for under the Virginia Freedom of Information Act, and that such matters as discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a formal action is taken by the Board in accordance with Section 2-10(C) above. SEC. 2-11. ELECTRONIC MEETINGS Except as provided for in this Section 2-11, the Board shall not conduct any meeting wherein the public business is discussed or transacted through telephonic, video, electronic or other communication means where the members are not physically assembled. A. Quorum Physically Assembled — a Board member may participate in a meeting through electronic communication means from a remote location that is not open to the public if: 1. on or before the day of a meeting, the Board member notifies the Chair of the Board that he or she is unable to attend the meeting due to a personal matter and identifies with specificity the nature of the emergency or 10 personal matter, and the Board (a) approves the member's participation by a majority vote of the members present at a meeting and (b) the Board records in its minutes the specific nature of the emergency or personal matter and the remote location from which the member participated. In deciding whether or not to approve a Board member's request to participate from a remote location, the Board shall not consider the identity of the member making the request or the matters that will be considered or voted on at the meeting. If a Board member's participation from a remote location is disapproved, such disapproval will be recorded in the minutes with specificity. Such participation by a Board member shall be limited each calendar year to two meetings or twenty-five percent (25%) (rounded up) of the meetings of the Board, whichever is greater; or 2. a Board member notifies the Chair that he or she is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance and the Board records this fact and the remote location from which the member participated in the minutes. A Board member may participate in a meeting by electronic means pursuant to this subsection A only when a quorum of the Board is physically assembled at the primary or central meeting location and the Board makes arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. B. Quorum Not Physically Assembled —the Board may meet by electronic communication means without a quorum physically assembled at one location when the Governor of the Commonwealth of Virginia has declared a state of emergency in accordance with Section 44-146.17 of the Code of Virginia (1950, as amended), provided that: 1. the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location, and 2. the purpose of the meeting is to address the emergency. If it holds a meeting pursuant to this subsection B, the Board shall: 11 1. give public notice using the best available method given the nature of the emergency contemporaneously with the notice provided members of the Board; 2. make arrangements for public access to the meeting; 3. make available to the public, at the time of the meeting, agenda packets and all materials, unless exempt, that will be distributed to members of the Board in sufficient time for duplication and forwarding, as best as practicable given the emergency, to all locations at which public access will be provided; 4. record minutes of the meeting; and 5. record in the minutes votes taken by name in roll -call fashion. The nature of the emergency, the fact that the meeting was held by electronic communication means and the type of electronic communication means by which the meeting was held shall be stated in the minutes of the meeting. C. Reporting — if a Board meeting is held by electronic communication means, the Board shall: 1. make a written report of the following to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science by December 1 of each calendar year: a. the total number of electronic communication meetings held that year; b. the dates and purposes of the meetings; C. a copy of the agenda for each meeting; d. the number of sites for each meeting; e. the types of electronic communication means by which the meetings where held; f. the number of participants, including members of the public, at each meeting location; g. the identity of the members of the Board recorded as absent and those recorded as present at each meeting location; 12 h. a summary of any public comment received about the electronic communication meetings; and i. a summary of the Board's experience using electronic communication meetings, including its logistical and technical experience. 2. make copies of the public comment form prepared by the Virginia Freedom of Information Advisory Council available to the public. SEC.2-12. SECURITY A. In an effort to increase the safety of the citizens, staff and elected officials, security shall be provided at all official meetings of the Board (regular, work sessions meetings, special called and emergency meetings). B. Security shall be provided at all informal gatherings scheduled by individual Board Members, which are scheduled offsite or after hours, such as Town Hall and informational meetings. ARTICLE 3 — OFFICERS SEC. 3-1. CHAIR AND VICE CHAIR The Chair shall preside over all meetings of the Board. The Vice Chair serves in the absence of the Chair. In the absence from any meeting of both the Chair and Vice Chair, the members present shall choose one of their members as temporary chair. The Chair shall recommend all appointments to standing or ad hoc Board Committees to be approved by majority vote of the Board. SEC.3-2. CLERK The Clerk of the Board shall be appointed by the Board at its annual organizational meeting, and the duties and responsibilities of the Clerk shall be as set out in Sections 15.2-1538 and 15.2-1539 of the Code of Virginia (1950, as amended). The Board may also designate a Deputy Clerk, and at the discretion of the Board, any County employee can be designated as Temporary Clerk. SEC.3-3. PARLIAMENTARIAN 13 The County Attorney, or his or her designee, shall serve as the Parliamentarian for the purpose of interpreting these By -Laws and Rules of Procedure, Robert's Rules of Order and the Code of Virginia, as may be directed by the Chair, or as required as a result of a point of order raised by any one or more Board member. If the County Attorney, or his or her designee, is unavailable, the County Administrator shall serve as the Parliamentarian. SEC. 3-4. PRESERVATION OF ORDER A. At meetings of the Board, the Chair shall preserve order and decorum. B. Board members shall not speak until recognized by the Chair. Board members shall address the Chair or address other members through the Chair. After being recognized by the Chair, a Board member shall not be interrupted, except when a point of order is called or when requested to yield the floor by another member. ARTICLE 4— CONDUCT OF BUSINESS SEC. 4-1. ORDER OF BUSINESS A. At regular meetings of the Board on the third (3rd) Thursday of the month, the order of business shall generally be as follows: 1. Call to Order —Silent Roll Call of Members (commencing at 5 p.m.) 2. Approval of Agenda 3. Closed Meeting (if necessary) 4. Return to Open Session/Public Meeting (commencing at 6 p.m.) 5. Invocation - Pledge of Allegiance 6. Citizens' Comments 14 7. Consent Agenda 8. Regional & Inter -Governmental Reports 9. Appointments (if necessary) 10. Special Presentations 11. Public Hearings (if necessary) 12. County Attorney's Report (if necessary) 13. County Administrator's Report 14. Unfinished/Old Business 15. New Business 16. Adjournment B. The above order of business may be modified by the County Administrator, after the Chair has been notified, to facilitate the business of the Board. C. Regional reports and special presentations are limited to five (5) minutes per speaker. This time may be extended at the discretion of the Chair. D. Citizens' Comments shall be governed by the following rules: 1. Citizens' Comments shall be for the limited purpose of allowing members of the public to present any matter, which, in their opinion, deserves the attention of the Board. They shall not serve as a forum for debate with the Board or individual members of the Board. 2. Board members shall not discuss issues raised or questions raised by the public, within the same meeting, except by consent of a majority of the Board members present. 15 3. Citizens wishing to speak during the Citizens' Comments portion of the agenda shall sign the registration form, identifying, with reasonable certainty, the subject matter of his or her comments prior to the commencement of the Citizens' Comments portion of the agenda. Citizens who do not sign the registration form prior to the commencement of Citizens' Comments may address the Board after all others who had signed the registration form have had an opportunity to speak. 4. Remarks shall be addressed directly to the Board and not to staff, the audience or the media. 5. The Chair shall open Citizens' Comments. 6. The Chair will explain the Citizens' Comments policy prior to the commencement of the first citizen's comment(s) being received by the Board. 7. The Chair will call on each speaker who has signed the registration form in the order upon which their name shall appear on the registration form. Each speaker shall clearly state their name and address and/or election district of residence and shall be subject to a four (4) minute time limitation. A timer with a lighting system shall be used for keeping track of a Speaker's time. Speakers will receive a yellow light warning one (1) minute prior to the expiration of their presentation time. Speakers will receive a red light at the expiration of their time and shall be asked to end their comments. The Parliamentarian shall be responsible for noting the expiration of time limits, and the Chair shall be responsible for enforcing it. If the speaker represents a group of individuals in attendance at a particular meeting, there shall be a time limit of six (6) minutes. Members of a group in attendance shall forfeit their right to speak on the same topic. For purposes of this section, a "group" shall constitute ten (10) or more individuals. No speaker shall address the Board more than once during Citizens' Comments at any single Board meeting and citizens shall not donate their unused speaking time to another speaker. Notwithstanding the time limitations stated herein, the Chair may, at his or her discretion, allow any citizen to speak beyond the designated time limitation for a reasonable period of time in order to conclude his or her remarks. 16 8. There shall be no comment during Citizens' Comments on a matter for which a public hearing is scheduled during the same meeting. 9. There shall be no comment during Citizens' Comments on a matter which has already been the subject of a previous public hearing where no final vote has been taken by the Board. 10. Any issue raised by the public which the Board wishes to consider may be put on the agenda for the next Board meeting by a majority vote. 11. Public comment shall be germane to policies, affairs and services of the county government. 12. The above rules notwithstanding, members of the public may present written comments to the Board or to individual Board members at any time during the meeting. Such written comments shall be submitted through the Clerk and shall become a part of the record. SEC. 4-2. CONSENT AGENDA A. The Consent Agenda shall be introduced by a motion "to approve", and shall be considered by the Board as a single item. B. Upon the request of any Board member, an item may be removed from the Consent Agenda for consideration after approval of the remaining items on the consent agenda. SEC. 4-3. SPECIAL PRESENTATIONS Special presentations shall be for the purpose of informing the Board of matters of public interest, as well as to provide the Board an opportunity to properly recognize individuals and organizations, either public or private, for the outstanding service or work they perform for or in Isle of Wight County. Any governmental agencies or entity, organization or individual wishing to present an item to the Board shall contact the County Administrator fourteen (14) days prior to the Board's regularly scheduled meeting to seek inclusion in the Board's agenda. 17 SEC. 4-4. CONDUCT OF MEETINGS When two or more members of the Board wish to speak at the same time, the Chair shall name the one to speak. The Chair may call a brief recess at any time. The Chair may order the expulsion of a disorderly member of the public, subject to appeal to the full Board. The Chair may automatically adjourn, without benefit of any motion or debate, any meeting of the Board. All Board members shall maintain proper decorum when addressing any citizens and applicants that appear before the Board. SEC. 4-5. FORM OF PETITIONS, ETC. Every petition, communication or address to the Board shall be in respectful language and is encouraged to be in writing. SEC.4-6. MOTIONS A. Members are required to obtain the floor before making motions or speaking, which they can do while seated. B. Motions need not be seconded. C. Informal discussion of a subject is permitted while no motion is pending. D. An amended or substitute motion shall be allowed to any motion properly on the floor; it shall have precedence over an existing motion and may be discussed prior to being voted on. If the amended or substitute motion fails, the former motion can then be voted upon. If the amended or substitute motion passes, the amended or substitute motion shall be deemed the main motion and shall stand as having been passed by such vote. If an amended or substitute motion fails, a second amended or substitute motion may be made. No more than two (2) amended or substitute motions may be made. E. When a motion is under debate, no motion shall be received unless it be one to amend, substitute, commit or refer for study, postpone, call for the previous question, lay on the table, or to adjourn. W F. The Chair can speak in all discussions and can make motions and vote in the same fashion as all other members. G. A motion to call for the question is in order and the right of every Board member to call when they feel discussion has been exhausted and or repeated, thus belaboring the business before the governing body A motion to call for the question requires a two-thirds majority vote of those present. The Chair shall not recognize a motion to call for the question until every Board member desiring to speak on the main motion has had such an opportunity. H. When a vote upon any motion has been announced, it may be reconsidered on the motion of any member who voted with the prevailing side provided that such motion shall be made at the session of the Board at which it was decided. Such motion for reconsideration shall be decided by a majority of the votes of the members present. A member present at the meeting but temporarily absent during a vote may move for reconsideration. I. Subject to applicable law, the Board may consider a motion to rescind at any time to address a matter or issue upon which a vote has been take, following such notice as may be required. J. Should a decision be made to reconsider or rescind a land use decision, subject to notice and public hearings, as may be required by law, the Board may choose to act on such request without referring the matter to the Planning Commission for its consideration. K. A motion to adjourn shall always be in order and supersedes all business before the Board. SEC. 4-7. DECISIONS ON POINTS OF ORDER The Chair, when presiding at a meeting of the Board, without vacating the chair, shall refer any point of order to the Parliamentarian. The Parliamentarian shall advise the Chair who shall then make a ruling on the point of order. A Board member may appeal the ruling of the Chair to the full Board which shall decide the matter by majority decision. 19 SEC. 4-8. SUSPENDING RULES One or more of these By -Laws and Rules of Procedure may be temporarily suspended by a majority vote of the members present, or by unanimous consent. SEC. 4-9. ROBERT'S RULES OF ORDER The proceedings of the Board, except as otherwise provided in these By -Laws and Rules of Procedure and by applicable state law, shall be governed by Robert's Rules of Order. ARTICLE V — PUBLIC HEARINGS SEC. 5-1. PUBLIC HEARING AUTHORIZATION The County Administrator, or his/her designee, shall be authorized to set public hearings for such regular meetings as are appropriate in order to effectuate the timely consideration of matters requiring Board consideration. SEC. 5-2. FORMAT FOR PUBLIC HEARINGS A. The following format shall be followed for all Public Hearings conducted before the Board: 1. The Chair will make a brief statement identifying the matter to be heard and verify that all legal notification requirements have been met. 2. The Chair will call upon the appropriate county staff member to present the item to be heard. Staff presentations should be concise. 3. The applicant may appear on his own behalf, or be represented by counsel or an agent. The applicant, or his counsel or agents, shall have a combined total of ten (10) minutes to speak to the application. 4. The Chair will open the floor to public comment, if any, after the applicant, or his counsel or agent, has spoken. Any private citizen may speak for or 20 against the issue. The Clerk shall prepare a registration form for citizens to sign their name, address and/or election district of residence. The Chair shall call each speaker in the order that their name appears on the registration form. Each speaker shall clearly state his or her name, address and/or election district of residence for the record. Citizen comments are limited to four (4) minutes per citizen speaker. If the speaker represents a group of individuals in attendance at a particular meeting, there shall be a time limit of six (6) minutes. Members of a group shall forfeit their right to speak on the same topic. For purposes of this section, a "group" shall constitute ten (10) or more individuals. The applicant, or his counsel or agent, shall be given the opportunity for rebuttal, which shall last for no more than five (5) minutes. Notwithstanding the time limitations stated herein, the Chair may, at his or her discretion, allow any citizen to speak beyond the designated time limitation for a reasonable period of time in order to conclude his or her remarks. 5. A timer with a lighting system shall be used for keeping track of a Speaker's time. Speakers will receive a yellow light warning one (1) minute prior to the expiration of their presentation time. Speakers will receive a red light at the expiration of their time and will be asked to end their comments. 6. The Parliamentarian shall be responsible for noting the expiration of time limits, and the Chair shall be responsible for enforcing it. 7. Upon the conclusion of public comments or the applicant's rebuttal, the Chair shall close the public hearing. B. When a public hearing shall have been closed by order of the Chair, no further public comments shall be received by the Board. However, any Board member may ask a question of any person who spoke during the public hearing after being recognized by the Chair to do so. C. Following the close of the public hearing, the Chair may entertain a motion to dispose of the issue and the Board may debate the merits of the issue. ARTICLE 6—AGENDA 21 SEC.6-1. PREPARATION A. The Clerk shall prepare an agenda, at the direction of the County Administrator, for the regularly scheduled meetings conforming to the order of business specified in Section 4-1 entitled "Order of Business". B. All items which are requested to be placed on the agenda which have not been submitted within the prescribed deadline, as set by the County Administrator, shall be placed on the next regular agenda for consideration. C. Nothing herein shall prohibit the Board from adding or removing items to the agenda, provided that such a request is in the form of a motion, voted upon by a majority of the Board. Members must use discretion in requesting the addition of items to the agenda. It is considered desirable to have items listed on the published agenda. SEC. 6-2. DELIVERY OF AGENDA The Board agenda and related materials shall be received by each member of the Board and the County Attorney on the Friday before the scheduled regular meeting. The Clerk of the Board may request an adjustment to the delivery schedule due to special circumstances. SEC.6-3. COPIES The Clerk shall prepare or cause to be prepared extra copies of the agenda and shall make the same available to the public and the press in the Office of the County Administrator and on the County website. The Clerk shall also have at least one hard copy available at each regular meeting. SEC. 6-4. COMMENTS, QUERIES OF BOARD MEMBERS Board members are to observe the following rules during the discussion of agenda items: 1. The Chair shall ensure that Board comments are constructive and contain no personal attacks of staff or other Board members. 22 2. The Chair shall keep discussion germane to the subject. Points of clarification shall be limited to questions only. The Chair shall rule other comments out of order. 3. Board members may address questions to the County Administrator or staff member presenting at the meeting. Staff members should be at the podium when addressing Board members' questions. All legal questions should be addressed to the County Attorney. ARTICLE 7— BOARD, AUTHORITIES, COMMISSIONS AND COMMITTEES SEC.7-1. APPOINTMENTS TO BOARDS, AUTHORITIES, COMMISSIONS & COMMITTEES Members of all boards, authorities, commissions and committees shall be appointed by a majority of the Board after review of qualifications and discussion in Closed Meeting. Proposed appointments shall be voted upon under the Appointments section of the Agenda. Appointees' terms shall run in accordance with the applicable by-laws of such boards, authorities, commission or committees to which the appointee is appointed, unless a shorter term is specified by the Board. Subject to any state law provisions to the contrary, all appointees to boards, commissions and committees serve and may be removed, with or without cause, at the pleasure of the Board. SEC.7-2. ATTENDANCE Members of any standing or ad hoc board, authority, committee or commission of the Board, or of any committee to which the Board appoints a member, shall be expected to attend every scheduled meeting of the body to which they have been appointed. It shall be the duty of the chair of any Board of Supervisors' appointed committee to annually report to the Board, but in no event later than the Board's regular meeting in March, the level of attendance of members for that particular body for the prior calendar year. Any member of an appointed body who fails to attend a minimum of seventy-five percent (75%) of the scheduled meetings of that particular body in any given calendar year may, at the discretion of the Board, be deemed to have forfeited his or her membership on that 23 body. In the event that the Board determines that an appointee has forfeited his or her appointment pursuant to this section, the Clerk of the Board shall notify, in writing, the appointee of his or her removal from that body based upon his or her failure to attend there required percentage of scheduled meetings and shall thank the appointee for his or her service to the community. Upon the appointment of any appointee, the Clerk of the Board shall forward to the member a copy of this section. SEC. 7-3. PLANNING COMMISSION MEMBERS ATTENDANCE Notwithstanding the foregoing provision, a member of the Planning Commission may be removed from office by the Board without limitation in the event that the commission member is absent from any three (3) consecutive meetings of the commission, or is absent from any four (4) meetings of the commission within any twelve (12) month period. In either such event, a successor shall be appointed by the Board for the unexpired portion of the term of the member who has been removed. SEC. 7-4. BY-LAWS AND RULES OF PROCEDURE OF BOARDS, AUTHORITIES, COMMISSIONS AND COMMITTEES The By -Laws and Rules of Procedure of any board, authority, commission or committee not established by state law shall be submitted to the Board for approval prior to becoming effective. SEC. 7-5. ROLE OF STANDING OR AD HOC BOARD COMMITTEES; DESIGNATED STANDING COMMITTEES; MEETING REQUIREMENTS A. The role of any standing or ad hoc committee(s) of the Board, as they may be created from time to time, shall be to review and consider all matters properly placed before them by motion of the Board. After review and consideration of such matters, the standing or ad hoc committee shall provide the Board with its formal recommendation for action through such report as may be determined appropriate by the County Administrator in the Board's regular agenda as set forth herein. 24 B. The following standing committees are hereby created by the Board for the purposes stated: 1. Public Works — responsible for the review and recommendation of matters related trash/refuse, public buildings and fleet issues; 2. Community Development — responsible for the review and recommendation of matters related to economic development, planning and zoning, inspections and public utilities; 3. Parks, Recreation and Cultural — responsible for the review and recommendation of matters related to parks and recreation and cultural development; 4. Personnel — responsible for the review and recommendation of matters related to personnel policies and procedures, wages and benefits for public employees, oversight of the timely coordination of the County Administrator and County Attorney's performance reviews, participation in periodic review of recommendations related to the organizational structure of County departments, and participation in the review of recommendations regarding contracted services for the County; 5. Public Safety — responsible for the review and recommendation of matters related to law enforcement, fire and rescue and all support services related thereto; 6. Franklin Intergovernmental Relations — responsible for the review and recommendation of matters related to intergovernmental operations between Isle of Wight County the City of Franklin; 7. Smithfield Intergovernmental Relations — responsible for the review and recommendation of matters related to intergovernmental operations between Isle of Wight County and the Town of Smithfield; 8. Windsor Intergovernmental Relations — responsible for the review and recommendation of matters related to intergovernmental operations between Isle of Wight County and the Town of Windsor; and 25 9. Joint Tourism — responsible for the review and recommendation of matters related to the efforts of the jointly funded tourism office by Isle of Wight County and the Town of Smithfield. ARTICLE 8 — GENERAL OPERATING POLICY SEC. 8-1. ACTIONS BY INDIVIDUAL MEMBERS OF THE BOARD It shall be the policy of the Board that no member(s) shall exert individual action or direct any county employee or initiate any action or assert their individual preference(s) in a manner that would require a county employee to perform any action contrary to the laws, ordinances or policies of Isle of Wight County or which would require the expenditure of public funds in any amount without the approval of the Board. Further, no member of the Board shall seek nor accept more favorable treatment from county officers or employees than would be given to other members of the Board, nor attempt to influence the decisions or recommendations of county appointees, officers or employees. Notwithstanding the foregoing, each Board member may, and is encouraged, to share information with county appointees, officers and employees and to promote a positive working environment for all employees. SEC. 8-2. NUMBERING AND INDEXING OF RESOLUTIONS, ORDINANCES AND PROCLAMATIONS It shall be the responsibility of the Clerk to number and index all resolutions, ordinances and proclamations of the Board. Resolutions and proclamations shall be numbered consecutively and use the last two digits of the calendar year. For example, for the first resolution in January, 2014, the resolution number would be shown as: Resolution No. 14-01. SEC. 8-3. MINUTES OF THE BOARD The minutes of the Board meeting shall reflect the official acts of the Board and names of the public commenting during public hearings and citizen comments, as well as a summary of the Board's proceedings at each meeting. They shall reflect the issues discussed and Board comments in summary form. In SEC. 8-4. AMENDING BY-LAWS These by-laws may be amended with the concurrence of two-thirds (2/3) of the members present at any meeting subsequent to the introduction of a suggested by-laws amendment. SEC. 8-6. ENACTMENT OF BY-LAWS AND RULES OF PROCEDURE No later than December 1st of each year, the County Attorney shall deliver a copy of the most recently enacted By -Laws and Rules of Procedure to each member and member -elect of the Board, soliciting any proposed changes to the same. The County Attorney shall prepare proposed amendments based on any such Board comments as directed by passage of a motion and include them in the Agenda for consideration at the Organizational Meeting. The following Board of Supervisors' Committee appointments for 2024 were adopted unanimously (5-0) on motion of Supervisor McCarty: Capital Improvements Plan McCarty Rountree Commission on Aging Jefferson Community Development Rountree (ED, Planning, Inspections, Utilities) Rosie Franklin Intergovernmental Acree Relations Committee Rosie Intergovernmental Water & Acree Sewer Task Force Rountree Joint Tourism Jefferson McCarty Keaton (Alternate) 27 Parks, Recreation & Cultural Jefferson McCarty Personnel Jefferson Rountree Public Safety Jefferson (Fire, EM, 911, Sheriff) Acree Public Works Acree (Trash, Bldg, Refuse, Fleet) McCarty Smithfield Intergovernmental Jefferson Relations Committee Rountree Social Services Board Jefferson Commission on Adults with Disabilities Acree Rosie Stormwater Advisory Committee McCarty Rountree Windsor Intergovernmental Acree Relations Committee Rosie The following Board of Supervisors' appointments to regional Boards/Committees were adopted unanimously (5-0) on motion of Supervisor McCarty: REGIONAL ORGANIZATIONS (BY ORGANIZATION) Eastern Virginia Regional Industrial Facility Authority Rountree Hampton Roads Military & Federal Facilities Alliance Rosie Hampton Roads Planning District Commission Acree Keaton Hampton Roads Trans. Accountability Committee McCarty Hampton Roads Transportation Planning Organization McCarty Keaton Hampton Roads Workforce Council Rountree Southeastern Public Service Authority Keaton Etheridge (Alt.) Western Tidewater Community Trans Collaborative Acree Western Tidewater Regional Jail Jefferson McCarty Keaton Western Tidewater Water Authority Rountree Acree Keaton REGIONAL ORGANIZATIONS (BY MEMBER) ACREE Hampton Roads Planning District Commission Western Tidewater Water Authority Western Tidewater Community Transportation Collaborative R(IIIr\ITRFF Eastern Virginia Regional Industrial Facility Authority Hampton Roads Workforce Council Western Tidewater Water Authority JEFFERSON Western Tidewater Regional Jail 29 McCARTY Hampton Roads Transportation Advisory Committee Hampton Roads Transportation Planning Organization Western Tidewater Regional Jail ROSIE Hampton Roads Military Federal Facilities Alliance KEATON Hampton Roads Planning District Commission Hampton Roads Transportation Planning Organization Southeastern Public Service Authority Western Tidewater Regional Jail Western Tidewater Water Authority Following a break, Supervisor Rountree addressed the Board concerning the creation of a Growth Management Task Force designed to manage the joint County/Town of Smithfield residential projects of 3,000 lots. She distributed a proposed whitepaper of the Task Force's recommended composition, mission and timeline for consideration at the Board's January 16, 2024 regular meeting, adding that she would anticipate the Task Force to provide a report at a joint meeting of the County/Town of Smithfield by September of 2024. Other topics recommended for discussion and inclusion in the proposed Task Force's mission include traffic and overloading of roadways; affordable housing; the needs of surrounding military families; and, the County's water systems. It was recommended that this issue be placed on the Board's March 7, 2024 work session agenda for further discussion. In the meantime, County Attorney Jones is to investigate the legalities involved with the formation of such a Task Force. Supervisor Jefferson invited the Board to attend a Commission on Aging educational event at the Windsor Town Center on February 1, 2024 from 10:00 a.m. until 2:00 p.m. for a price of $7 which includes lunch and snacks. Ins Under the County Administrator's report, County Administrator Keaton advised that Deanna Trimyear has been hired as the County's new Director of Economic Development, replacing Chris Morello. Don Jennings, Director of Utility Services, recapped that in March of 2022, the Department of Environmental Quality (DEQ) had issued guidance for all projects to immediately consider solar panel surfaces as impervious for design and in the following month (April of 2022) it had reversed the immediate change in designation and made an effective date January 2025. He continued of importance to note is that any solar project that does obtain an interconnection approved by a regional transmission organization or electric utility by December 31, 2024 must comply with the requirements detailed in DEQ's March 29, 2022 memorandum. He stated the dilemma is whether DEQ is providing clear guidance and it was recommended that the Board comply with the April 2025 memo in that anyone who did not have the interconnection agreement after December 31, 2024 will be considered impervious and subject to the stormwater fee. He concluded his comments by adding that anyone who does not have an interconnection agreement would be grandfathered by the old rules. County Administrator Keaton pointed out that the 2% limit approved by the Board is fast approaching and this matter may be a moot point. Mr. Jenning advised that the County currently has a robust stormwater fund and there is not a need to generate additional revenue at this time. Supervisor McCarty recommended that the fund balance be used to create the infrastructure for failed septic tanks in the County, for example, a sewer system to allow a homeowner with a failing system to connect. Mr. Jennings advised that there is a direct link between failing septic tanks and the water quality downstream in the Chesapeake Bay. Following Chairman Acree's inquiry regarding the availability of obtaining grants to assist in this effort, Mr. Jennings suggested that the County can get the design done and use that as a milestone to achieve grants for the failing septic tanks. 31 Following advisement from County Attorney Jones that there is no rush on the part of the County to act at this time, the consensus of the Board was to delay action and direct staff to request additional information from other localities. The Board took a lunch break and returned to open session at 1:00 p.m. On the subject of the use of recreational vehicles, County Attorney Jones advised that recreational vehicles used as temporary residences are currently not defined in the County's ordinance. He clarified that using a recreational vehicle when in- laws come to visit and stay for their visit in their recreational vehicle is permissible; however, someone putting a recreational vehicle in their yard to live in is creating an accessory dwelling and is not permitted. He recommended that the Board direct the Zoning Department and Planning Commission to begin a comprehensive review of the recreational vehicle use and accessory dwellings. Chairman Acree suggested that recreational vehicles could be allowed that are mobile; are up to date on inspections; and, are insured. County Attorney Jones was directed to ask the Planning Commission to begin a comprehensive review of recreational vehicle use, followed by conducting a public hearing and soliciting comments from the public before returning to the Board. The Board received a preliminary draft annual finance report from Aaron Hawkins with Robinson, Farmer and Cox who advised that the County has received an unmodified opinion on its financial reports. He reported that items which need addressing are contained in the Management Letter with regard to the School Division grants/reimbursement requests; posting of transactions and journal entries; documentation related to the approval process; reconciliation of account balances; and, a negative ending fund balance of $345,000. He advised that on the County's side, those requiring attention are related to the Animal Control 32 Department not using receipt books; not maintaining forms related to the Meals and Lodging tax; and, reporting deadlines. Responsive to questions raised by the Board, Mr. Hawkins concurred that he believes there are still items being left undone by the School Board; that while he does not know how the County's bond rating might be affected, he does receive questions from Davenport & Company regarding material weaknesses; and, that he believes these material weaknesses carry on because of employees leaving and there not being any continuity. It was recommended that the Board request the School Superintendent and the Chairman of the Board of Supervisors to explain to the public what took place with their budget and what practices they have put in place to keep these mistakes from reoccurring. Stephanie Wells, Chief Financial Officer, commented that the School Division needs to ensure that knowledgeable staff are employed so that not only these things get done, but done correctly. Supervisor McCarty informed the Board that over the next several months he is going to be recommending this Board create a task force that looks at the entire financial footprint of the County. County Attorney Jones provided an overview of the County's current ordinance related to the discharge of firearms. It was the consensus of the Board that the language in the Ordinance is correct; however, Supervisor Jefferson has recommended that the hours be amended to a shorter timeframe from 9:00 a.m. to 9:00 P.M. County Attorney Jones advised that Memorandums of Understanding for the County's various Constitutional Officers and their appointees will be placed on the Board's consideration at its January 16, 2024 meeting to bring those employees under the County's pay and benefits plan. He advised that the Treasurer's office 33 has allowed viewing access of the County's finances. He advised that he intends to prepare a resolution for consideration at its next meeting to address that access. Supervisor Jefferson moved that County Administrator Keaton and Chief Financial Officer, Stephanie Wells, be the agents of the Board for the purpose of being able to maintain access for viewing purposes of the Treasurer's office. The motion was adopted by a vote of (5-0) with Supervisors Acree, Jefferson, Rosie, McCarty and Rountree voting in favor of the motion and no Supervisors voting against the motion. ADJOURNMENT At 2:30 p.m., the meeting was adjourned. Joel C. Acree, Chairman Carey Mills Storm, Clerk 34