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.
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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,
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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
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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
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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.
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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
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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
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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
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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:
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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;
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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
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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)
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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
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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.
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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
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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
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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
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