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01-16-24 - Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE SIXTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND TWENTY-FOUR BOARD MEMBERS PRESENT: Joel C. Acree, District 4, Chairman Don G. Rosie, II, District 5, Vice -Chairman Rudolph Jefferson, District 3 William M. McCarty, Sr., District 2 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 Chairman Acree called the regular meeting to order at 5:00 p.m. APPROVAL OF AGENDA Supervisor McCarty moved that the agenda be approved as presented. The motion passed unanimously (5-0) with Supervisors Acree, Rosie, McCarty, Jefferson and Rountree voting in favor of the motion and no Supervisor voting against the motion. CLOSED MEETING Pursuant to Section 2.2-3711(A) of the Code of Virginia, Supervisor McCarty moved to enter a closed meeting for the limited purpose of: 1.) A discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, as well as the County Administrator, pursuant to subsection 1; 2.) consultation with legal counsel regarding actual or probable litigation 1 regarding Chesapeake Bay Preservation Area, Zoning Violations, and Drainage Outfalls, where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7; and, 3.) consultation with legal counsel employed by the board regarding specific legal matters requiring the provision of legal advice by such counsel, namely powers of county finance boards, pursuant to subsection 8. The motion passed unanimously with Supervisors Acree, Jefferson, Rosie, McCarty and Rountree voting in favor of the motion and no Supervisors voting against the motion. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty and all voting in favor (5-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters 2 lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Rosie, Jefferson, McCarty, Rountree NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Reverend Glen Krans delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Herb DeGroft thanked the Board for its past financial support of Senior Services of Southeastern Virginia and requested continued funding in the upcoming budget. He suggested that Westside Elementary School be renovated into a senior living facility when it is no longer used as a school. He invited the Board to attend a ribbon cutting on February 14, 2024 for the Senior Services of Southeastern Virginia at the Windsor Town Center. Charles Short of Carrollton requested the renewal fee for a concealed weapons permit be reduced to $15. He notified the Board of damage incurred to his yard by GFL Environmental and recommended a County staff person be assigned to receive complaints as he has been unsuccessful in getting GFL Environmental staff to answer/return his phone calls. 3 County Administrator Keaton advised that staff is currently investigating Mr. Short's complaint and will return to the Board with a report when their investigation is complete. Supervisor McCarty requested that the fee for a concealed weapons permit be discussed during the upcoming budget process. Chairman Acree remarked that the County has been and will continue to be obligated to its seniors through services and affordable housing. CONSENT AGENDA Following an overview of the Consent Agenda by County Administrator Keaton, Supervisor McCarty moved to adopt the following Consent Agenda as presented which passed unanimously (5-0) with Supervisors Acree, Rosie, McCarty, Jefferson and Rountree voting in favor of the motion and no Supervisor voting against the motion: A. Resolution to Amend the FY2023-24 Operating Budget and Appropriate Economic Development Access Grant Program Funds ($850,000) B. Resolution to Amend the FY2023-24 County and School Budgets and Appropriate Funds for School Employees' Compensation ($475,000) C. Resolution to Amend the FY2023-24 Operating Budget and Appropriate Grant Funds to the Schools' FY2023-24 Operating Budget ($1,817,444) D. Resolution for Purchase/Repairs to Sheriff's Office Vehicles (Sheriff's Office - Replacement of vehicle under the Lemon Law and replacement of SUV with Dodge Durango) $41,971 E. Updated Memorandums of Agreement with Constitutional Officers to Provide for their Staff's Inclusion in the County's Classification and Compensation Plan (Clerk of Circuit Court; Commissioner of the Revenue; Commonwealth's Attorney; Sheriff; and, Treasurer) 4 Resolution/Isle of Wight County Treasurer (Access by County Administrator and Chief Financial Officer) F. Acquisition of a Cargo Van for the Public Utilities Department G. Minutes of November 16, 2023 Regular Meeting and December 14, 2023 Work Session REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor Rountree reported that the County's seat on the Hampton Roads Economic Development Alliance is on a rotational basis and will not be for another six years. APPOINTMENTS Supervisor Rountree moved that Matthew Smith be reappointed to serve on the Planning Commission representing District 1. The motion passed unanimously (5- 0) with Supervisors Acree, Rosie, McCarty, Jefferson and Rountree voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS The Board received a presentation from Paula Miller, Dominion Energy, regarding the largest off -shore -wind utility project currently under development on the East Coast. Following an annual financial report from Stephanie Wells, Chief Financial Officer, Aaron Hawkins, Robinson, Farmer, Cox Associates, notified the Board via telephonically of an additional Federal finding found related to the Child Nutrition Program. He advised that his preliminary draft report provided to the Board at its organizational meeting of January 4, 2024, remains the same with the exception of this new Federal finding. k" Ms. Wells advised that the School Board, at its most recent meeting, had discussed having an action plan and would be returning to the Board to discuss same. County Administrator Keaton was requested to invite the Treasurer to the Board's March 7, 2024 work session to discuss the inter -workings of that office and her plan moving forward as the newly elected Treasurer. Garry Windley, Chief of Emergency Services, updated the Board regarding rebranding efforts currently underway from "Isle of Wight County Emergency Services" to "Isle of Wight Fire Rescue." Awards/certificates were presented to Smithfield High School for winners of "Best Plow" in the Windsor and Smithfield Christmas parades and a "People's Choice Award in on-line voting. Certificates for participation were presented to the Art Teachers at Smithfield and Windsor High schools; Smithfield Middle School; and, Georgie D. Tyler Middle School. Certificates for participation were presented to the Smithfield and Windsor area headquarters. COUNTY ATTORNEY'S REPORT No report was offered. The Board took a ten-minute break. COUNTY ADMINISTRATOR'S REPORT The Boad received an update relative to capital projects for development of Bradby Park and the renovation of the Tyler's Beach marina from Mike Frickanisce, Director of Parks and Recreation, followed by an update regarding the expansion of the Rushmere Volunteer Fire Department building by Tony Wilson. Supervisor Jefferson requested Mr. Frickanisce to develop a timeline for items not yet accomplished for presentation at the next Town Hall meeting in Rushmere. n Relative to legislative issues, Assistant County Robertson advised the Board of a proposed Bill which would strip the County of its authority to regulate solar, wind and other types of small-scale utilities. He reminded the Board that February 1, 2024 is VACo Legislative Day. Chairman Acree requested staff to review House Bill 1049 to see if it would be beneficial to the County's volunteer fire and EMS personnel. County Administrator Keaton reviewed matters for the Board's information as follows: 1.) Delinquent Tax Collection — November 2023; 2.) Cash Position — November 2023; 3.) Statement of the Treasurer's Accountability — November 2023; 4.) Incidents by Zone Map — Summary 2023; 5.) Incidents by Zone Data — Summary 2023; 6.) Incidents by Zone Map — December 2023; 7.) Incidents by Zone Data — December 2023; 8.) Station Activity Report — Summary 2023; and, 9.) Museum Report — December 2023. UNFINISHED/OLD BUSINESS On the subject of Capital Improvements Program recommendations for emergency apparatus, Garry Windley, Chief of Emergency Services, addressed the Board concerning the process to replace apparatus. Chairman Acree recommended that the trucks in Rushmere and in Carrollton be added back into the Capital Improvements Plan for consideration. Supervisor McCarty moved to adopt the recommendations for the replacement protocol for fire rescue apparatus and add the Rushmere and Carrollton trucks back into the CIP. The motion passed unanimously (5-0) with Supervisors Acree, Rosie, McCarty, Jefferson and Rountree voting in favor of the motion and no Supervisors voting against the motion. Chairman Acree recommended the Board discuss community paramedicine, its potential cost; and, what services would be offered. NEW BUSINESS Assistant County Administrator Robertson reminded the Board that it had adopted Fi the County's legislative priorities for the 2024 General Assembly session at its regular meeting of November 16, 2024. He advised the Board's top legislative priority for the past several legislative sessions has been a request for authorization to hold a referendum regarding a 1% sales and use tax for the purpose of school capital projects. He notified the Board that the Isle of Wight County School Board has also expressed its support for similar legislation and it was suggested that the Board may wish to adopt a joint resolution with the School Board in support of that legislation. Supervisor McCarty moved that the following Resolution be adopted: Isle of Wight County Board of Supervisors - and - Isle of Wight County School Board A JOINT RESOLUTION SUPPORTING VIRGINIA LEGISLATION THAT ALLOWS EVERY VIRGINIA COUNTY AND CITY HOLD A REFERENDUM TO LET VOTERS DECIDE IF LOCALITIES WILL IMPOSE A ONE PERCENTAGE POINT SURCHARGE ON SALES TAXES TO FINANCE SCHOOL CONSTRUCTION AND RENOVATIONS WHEREAS, Senate Bill 14, as introduced, would authorize all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax; and WHEREAS, the Board of Supervisors and School Board believes that legislation which allows localities to hold a referendum that empowers voters to decide if levying an additional 1% sales tax to solely assist in the financing of new school construction and major renovations should be a non -partisan issue; and WHEREAS, Isle of Wight County has significant school construction and major renovation needs that are currently funded through a majority of real estate and personal property taxes along with insufficient and inconsistent grant availability; and L WHEREAS, the Board of Supervisors and the School Board acknowledges and agrees with Governor Youngkin's goal to have parental involvement in all aspects of the educational experience and believes this involvement reaches to the funding mechanisms and options available to localities and, WHEREAS, the Board of Supervisors and School Board acknowledges the potential negative financial impacts that increased real estate taxes can have on the residents of the largely rural Isle of Wight County. Now, therefore be it RESOLVED, the Board of Supervisors and School Board respectfully requests Senator Emily Brewer (District 17), Delegate Howard Otto Wachsmann (District 83), and Delegate Nadarius E. Clark (District 84) work together to support and pass Senate Bill 14 or similar legislation on behalf of the citizens of Isle of Wight County. The motion passed unanimously (5-0) with Supervisors Acree, Rosie, McCarty, Jefferson and Rountree voting in favor of the motion and no Supervisors voting against the motion. Supervisor Rountree shared her recommended components of a proposed plan for growth development related to membership, its mission, modeling skills, etc. and noted that she would be requesting the matter be put on an upcoming agenda of the Planning Commission to further discuss the creation of a Growth Management Task Force. County Attorney Jones advised that Virginia does not allow moratoriums even on temporary land -use applications. His recommendation would be that any application that is complete and submitted to the Zoning Department be processed. Supervisor McCarty remarked that a critical eye is needed on future development in the Newport Development Service District due to transportation impacts. He stated the earlier the Board gets started on something to evaluate impacts, the 9 better, but that he needs to understand how it fits in with the Planning Commission and the Comprehensive Plan update. County Attorney Jones advised that the Comprehensive Plan was last reviewed in 2020 and the State statute requires that it be reviewed at least every five years. Supervisor Jefferson commented that the Board needs to begin a review of the County's Comprehensive Plan and it also needs to review the growth of the County and how its core services are impacted. He noted that there is also a major housing deficit and all these factors need to be considered. Chairman Acree suggested if the Board is agreeable with the formation of a Growth Management Task Force, Planning Commissioners, the Towns of Smithfield and Windsor and the County need to get together to discuss this issue further. Amy Ring, Director of Community Development, advised that in the past during Comprehensive Plan updates, subcommittees made up of Planning Commissioners, community members or Board members have been formed to talk about particular sections of the Comprehensive Plan and to look at population growth and growth management. It was the consensus of the Board that Supervisor Rountree make a presentation to the Planning Commission and return to the Board. Supervisor Rountree provided an overview of the various fees associated with animals housed at the Animal Control shelter. Chairman Acree recommended advertising of upcoming County events/holiday closures, etc. during Board of Supervisors' meeting while the Board is on breaks or in closed meeting. 10 County Attorney Jones requested a closed meeting pursuant to Section 2.2-3711(A) of the Code of Virginia for the limited purpose of a discussion regarding the County Administrator, pursuant to subsection 1. On motion of Supervisor McCarty and all voting in favor (5-0), the Board entered the closed meeting for the reason stated by County Attorney Jones. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty and all voting in favor (5-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. 11 VOTE AYES: Acree, Rosie, Jefferson, McCarty, Rountree NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ADJOURNMENT At 10:30 p.m., the meeting was declared adjourned. ��!t a16 4KPT Carey Mills Storm, Clerk Joel C. Ac ee, Ch an 12