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02-15-24 - 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 FIFTHTEENTH DAY OF FEBRUARY 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 Vice -Chairman Rosie moved to adopt the agenda as revised to include a discussion concerning traffic flow on the Cypress Creek Bridge under New Business. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, McCarty, Jefferson and Rountree voting in favor of the motion and no Supervisor voting against the motion. Supervisor Rountree announced that she will be conducting a District 1 Town Hall meeting on March 26, 2024. District 1 Smithfield Town Council member and School Board member will be invited to attend and the Sheriff's office will be notified about the meeting. 1 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: pursuant to Section 2.2- 3711(A) of the Code of Virginia, a motion to move to closed session for the limited purpose of: 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 and County Attorney, pursuant to subsection 1 and consultation with legal counsel regarding actual or probable litigation regarding Chesapeake Bay Preservation Area, Zoning Violations, and Building Codes, where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7. 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. At 6:00 p.m., upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty and all voting in favor (5-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, N WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Rosie, Jefferson, McCarty, Rountree NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Chairman Acree recognized 4-H members in the audience. INVOCATION Richard "Dick" Grice delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Richard "Dick" Grice of Smithfield spoke on the subject of the School's identified deficit in its FY2023-24 operating budget and its action plan to correct the overspending. He remarked that he considers the plan to be questionable. C Herb DeGroft of Mill Swamp Road spoke in favor of the creation of a task force on growth and development. Regarding the possible annexation of property of the Mollie Turner Estate, he requested the Board to keep in mind the potential for Westside Elementary School being developed into apartments for senior citizens. Charles Short of Carrollton reminded the Board that the elevator is still in need of repair. He encouraged the Board to take action to have the concealed weapons permit renewal fee reduced to $15. Volpe Boykin of the Carrsville District requested the County's ordinance be revised to allow persons to camp on their own property. County Attorney Jones advised that the Planning Commission is currently discussing revisions to the County's ordinance to address how recreational vehicles can be used and camping on one's property. He clarified that the County does not prohibit someone from camping in their back yard. Julie Schwartz of Morgart's Beach Road asked the Board to remember what makes the County an amazing place to live when approving new developments. Supervisor McCarty advised that the cost for concealed weapons permits will be discussed in the upcoming budget process. He further advised that developments which are now coming online in the Carrollton area were primarily approved in the early 2000's through 2008. He remarked that as long as he has been on the Board, taxes have not been raised. Vice -Chairman Rosie commented that this Board has remained committed to retaining 85% of the County's land mass in rural character. It has also restricted solar development at 2% and reduced the property tax rate from $.85 to $.71. Supervisor Jefferson remarked that he did not believe a $35 annual fee for a concealed weapons permit is a significant amount to charge. CONSENT AGENDA Following an overview by County Administrator Keaton, the below Consent Agenda was adopted unanimously (5-0) as presented, on motion of Supervisor McCarty: GI A. Resolution to Amend the FY2023-24 Operating Budget and Appropriate Funding for Carryover Activities from Prior Fiscal Year ($4,297) (Farmers Market & Vintage Market) B. Resolution to Amend the FY2023-24 Operating Budget and Appropriate Funding for Repair of County Property from Insurance Proceeds (County Vehicles & Elevator Repair) ($67,314) C. Resolution to Amend the FY2023-24 Operating Budget and Appropriate Funding for the 2024 Local Emergency Management Performance Grant ($7,500) D. Resolution to Amend the FY2023-24 E-911 Fund Budget and Appropriate Funding from the Virginia 911 Service Board PSAP Next Generation 911 ($45,000) E. Resolution to Amend the FY2023-24 County Budgeted Revenues for School Employees' Compensation ($475,000) (Additional Interest Earnings) F. Resolution to Amend the FY2023-24 Operating Budget and Appropriate Grant Funds to the Schools FY2023-24 Operating Budget ($270,546) G. Resolution to Amend the FY2023-24 Operating Budget and Appropriate Carryover Grant Funds to the Schools FY2023-24 Operating Budget ($1,942,332) H. Resolution to Amend the FY2023-24 Operating Budget and Appropriate Funding for Public Utilities Billing ($120,370) Resolution to Amend the FY2023-24 Budget and Appropriate Funding for Public Utilities Shortfall ($765,530) J. Resolution Declaring a Local Emergency to Exist in Isle of Wight County, Virginia (Industrial Fire & Hazardous Materials Incident) 5 K. Resolution to Rescind a Declaration of Local Emergency in Isle of Wight County, Virginia (Extinguishment of Industrial Fire Incident) L. Resolution to Accept Donated Medical Rapid Access Transport Unit from Hampton Roads Planning District Commission M. Acquisition of Vehicles for County Administration, Public Works, and the Sheriff's Office N. Minutes December 14, 2023 Regular Meeting Minutes January 4, 2024 Organizational Meeting Minutes REGIONAL AND INTER -GOVERNMENTAL REPORTS No reports were offered. APPOINTMENTS On motion of Supervisor Jefferson, Julian Wilson was appointed to serve on the Commission on Adults with Disabilities representing District 3. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, McCarty and Rountree voting in favor of the motion and no Supervisor voting against the motion. On motion of Supervisor Jefferson, James Ford was reappointed to the Planning Commission representing District 3. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, McCarty and Rountree voting in favor of the motion and no Supervisor voting against the motion. On motion of Chairman Acree, Rick Sienkiewicz was reappointed to the Planning Commission representing District 4. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, McCarty and Rountree voting in favor of the motion and no Supervisor voting against the motion. 11 SPECIAL PRESENTATIONS Isle of Wight County School Superintendent Dr. Cramer presented a proposed Corrective Action Plan for Finance and Foods Services to address an identified deficit in the School's year-end FY2022-23 financial report. In order to eliminate the FY2023 deficit of $345,717 by the end of the current fiscal year, the School Superintendent and Chief Financial Officer have identified accounts impacted from the operational budget and $345,717 will be returned to the County as part of unspent funds from FY2024. He stressed that this is a living plan that will be adjusted and modified as appropriate. He noted his pleasure with progress made to date and stated that he and School Board Chairman Maresh will be providing updates to the Board monthly in order to keep it apprised of the progress. Responding to an offer from the Board to provide assistance to the School Division in reaching its goal sooner, School Superintendent Cramer welcomed the support and stated that the opportunity to offer additional support with training to the Finance and Food Services Division has been very helpful. To ensure that FY2024 is on track, the grant team is making certain that reimbursements are done in a timely manner and Standard Operating Procedures have now been identified to ensure that these issues are reduced from occurring again to the extent possible. The Schools would like to work with the County to develop a pre -op planning committee that will meet to discuss the audit timeline and documentation needed in advance of the next audit. Monitoring should be in place to ensure that monthly revenues and expenditures are being reviewed and to ensure that they are within the budgeted amount. He concluded his comments advising that aggressive action has already been taken by freezing accounts to ensure that the deficit can be satisfied while ensuring that there is a cushion built in the event there are some unexpected budget challenges. Stephanie Wells, Chief Financial Officer, provided an overview of the County's financial performance for mid -year FY2023-24. COUNTY ATTORNEY'S REPORT No report was offered. PUBLIC HEARINGS A. Application (ZA-8-23) of Charles L. and Deborah C. Owens, Trustees, Owens Living Trust, Property Owner, for a Change in Zoning Classification from Rural Agricultural Conservation (RAC) to Conditional Rural Residential (C-RR) of Approximately 18 Acres Located at 15433 Carroll Bridge Road to Create One Single -Family Residential Lot and to Withdraw from the Courthouse Agricultural District Sandy Robinson, Planner II, provided background information on the application related to its strengths and weaknesses and the recommendation of the Planning Commission and staff. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. Deborah C. Owens, property owner, appeared in favor of the application's approval. There being no other persons appearing to speak, Chairman Acree closed the public hearing. On motion of Supervisor Jefferson, the rezoning was approved, as conditioned, along with the waiver and removal from the Courthouse Agricultural Forestal District upon rezoning. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, McCarty, Jefferson and Rountree voting in favor of the motion and no Supervisor voting against the motion. B. Application ZA-7-23 of 17466 Benns Church Boulevard, LLC, Property Owner, for an Amendment to Conditional Zoning to Permit Additional Uses on Approximately 3.15 Acres Located at 17466 Benns Church Boulevard Application ZA-7-23 of 17466 Benns Church Blvd, LLC, Property Owner, for an Amendment to Conditional Zoning to Permit Additional Uses (such as a micro - brewery, distillery, or cidery, restaurant, retail sales, event center, farmers' markets, catering, business or trade school, cabinet, antique or craft shop, itinerant M merchants, peddlers, and fine arts studio ) on Approximately 3.15 Acres Located at 17466 Benns Church Boulevard Trent Blowe, Planner II, provided an overview of the application relative to its strengths and weaknesses and the recommendation of the Planning Commission and staff. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. Michael Miller, applicant, appeared and spoke stating he has a track record of hiring veterans and supporting first responders, local animal shelters and the American Cancer Society. He advised that his facility is designated "green" and he solicits honey and wheat locally and that many of the products are named after local goods. Thomas Mayes, Surry Clerk of Circuit Court, spoke in favor of the application. He advised that he was the prior owner of the property and he provided background history on the property. A resident (David) of Smithfield and a 30-year veteran hired by the applicant, spoke in favor of the application's approval. He stated that he is charged with developing a program for veterans which will allow them to act as interns and learn a useful skill before transitioning to the civilian world. Alice Holmes of Godwin Boulevard spoke in support of the application. Speaking as an author by profession, she noted this facility will offer a place close by that is pet and family friendly and can also be a place for her and her colleagues to utilize for their book signings. Chairman Acree closed the public hearing. Mr. Miller responded to questions about if he would be living on the site; what the total number of people can attend an event and how will it be enforced; would there be any other night guests, such as an Airbnb; had he obtained the appropriate business license and insurance coverage when he was a tenant at the industrial park; and, would there be any other businesses operating on the property. 01 Mr. Miller stated that he lives in northern Virginia and it is unlikely he will live there long term. He advised that 44 attendees and 6 staff members could be in the cabin at one time and that that amount is based on the existing septic tank system. He will be the enforcer as he will be present at events. He stated that while not in the near future, a short-term rental such as Airbnb might be an option. He confirmed that he carried the appropriate business license and insurance while he was a tenant at the Isle of Wight County Industrial Park. He further confirmed that there will be no other businesses operating on the property. When asked if he had any plan for signage out on the roadway, Mr. Miller replied signage is anticipated at the location where existing signage is at this time. When asked how many people could attend an event there if water/sewer were to be extended, Mr. Miller responded that his parcel consists of 3 one -acre lots with one of those lots empty. His investors have an interest in building a venue for weddings on the one -acre empty lot and public water/sewer there would allow him to have that type of event. Noting this will be a perfect addition to the area, on motion of Chairman Acree, the application was approved with the conditions that the applicant remove the Rural Agricultural Conservation uses from the proffers and submit a road maintenance agreement for Spring Lake Drive. Further, the request was approved with the revised proffered conditions as recommended by the Planning Commission. 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. The Board took a break and upon returning, Chairman Acree called for a public hearing on the following: C. Chapter 12 — Offenses — Miscellaneous, Section 12 — 11.1 Discharging Firearms of the Isle of Wight Code of Ordinances. In response to past concerns expressed relative to the discharging of firearms across property lines, County Attorney Jones presented a draft ordinance 10 amendment for public hearing tonight that states it is unlawful in the County to discharge a firearm in a manner that the projectile leaves the boundaries of the property being shot from. Also, the ordinance has been changed to it being unlawful to shoot within 100 yards of business establishments, public buildings, public gatherings, meeting place or dwelling unless you have the permission of that person. Regarding target shooting, a person must be shooting into a ravine or natural backstop or a berm. It is also unlawful to target shoot from 9 p.m. until 9:00 a.m. Lastly, he would recommend inserting "using blanks" following the language "ceremonial and patriotic displays." Chairman Acree called for persons to speak in favor of or in opposition to the proposed application. Volpe Boykin of Walters, on behalf of the Virginia Citizens Defense League, expressed support of the amendments. He stated that he was also in support of it. Senior Deputy Paul Nash, Isle of Wight Sheriff's Department, advised that he responds to calls from citizens regarding gun laws in the County and he is required to get with the courts under the current ordinance to determine if there are more than five pieces of property rezoned simultaneously. He advised that it would make it easier for deputies to make a decision when assisting persons with problems of discharging firearms. He advised that he lives on 35 acres but cannot target shoot on his property because there were more than five properties plotted at the same time; however, his neighbor who resides on a quarter acre of land can target shoot. He supports the amendments from a personal standpoint. Chairman Acree closed the public hearing. Supervisor McCarty spoke in favor of the proposed amendments stating the changes will ensure the safety of citizens. Supervisor Jefferson spoke in favor of the proposed amendments stating that they will provide law enforcement officers with the tools they need to enforce target shooting. Supervisor Rosie spoke in favor of the proposed amendments stating this is a reasonable resolution and it does not infringe on the Second Amendment rights. 11 Supervisor McCarty moved that the following Ordinance be adopted with the addition of language "using blanks" following "ceremonial and patriotic displays." AN ORDINANCE TO AMEND, RENAME AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 12.-OFFENSES—MISCELLANEOUS., SEC. 12-11.1. — DISCHARGING FIREARMS. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it necessary and appropriate to update its current ordinances in order to more clearly set forth local ordinances for the benefit of the public, in order to clarify and bring the provisions thereof into compliance with state law and practice; and WHEREAS, the Board of Supervisors deems such a revision necessary as a means to protect the health and welfare of the citizens of Isle of Wight County, Virginia; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 12.-Offenses—Miscellaneous., Sec. 12-11.1. — Discharging firearms of the Isle of Wight County Code be amended, renamed, and reenacted as follows: Sec. 12-11.1 Discharging firearms. It shall be unlawful for any person to discharge a firearm: (a) In such a way as will, or is likely to, result in the load thereof leaving the boundaries of the property or parcel upon which upon which the firearm is lawfully discharged, unless permission to do so has been granted by the adjacent landowner. A projectile leaving the boundaries of the property or parcel shall be prima facie evidence of a violation of this section. (b) Within 100 yards a (i) dwelling of another; (ii) business establishment; (iii) public building; (iv) public gathering; or (v) public meeting place, except that the 100- yard limitation shall not apply if the dwelling owner or occupant has given permission. 12 (c) In addition to the limitations set forth in subsection (b) above, any person target shooting with a firearm shall (i) only discharge such firearm into a natural or man-made berm or backstop so that it prevents projectiles from entering the property of another. A backstop is defined as a device to stop, redirect, and or contain bullets fired on a range. A berm is defined as an embankment used for restricting bullets to a given area, or as a protective or dividing wall between ranges; (ii) shall not target shoot between the hours of 9 p.m. and 9 a.m. (d) Any person violating the provisions of this section shall be punishable as a Class 1 misdemeanor. (e) This section shall not apply to a (i) law -enforcement officer in the performance of his official duties; (ii) any person whose discharge of a firearm is justifiable or excusable at law in the protection of life or property; (iii) the discharge, on land zoned for agricultural use, of a firearm for the killing of deer pursuant to Section 29.1-529 of the Code of Virginia (1950, as amended); (iv) the discharge of a firearm that is otherwise specifically authorized by law; (v) the discharge of black powder firearms using blanks as part of historical re-enactments, historical living history programs and historical demonstrations; (vi) the discharge of starter blank weapons to initiate athletic competitions; or (vii) ceremonial and patriotic displays using blanks. (10-2-08; 2-15-24.) 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. D. An Ordinance to Impose Tangible Personal Property Tax Rates for IOWC, Virginia for Fiscal Year July 1, 2024 through June 30, 2025. County Attorney Jones remarked that the Commissioner of the Revenue does calculations that decide based on property values what he believes to be an appropriate number for the County's tax relief value. He made reference to two years ago when car values escalated significantly, He realized that we needed to change the tax relief values before the Commissioner of Revenues closes his books at the end the month. He has calculated the values of vehicles and leaving the tax rate the same, it would go from 37% car tax relief to 33% car tax relief. 13 Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. No one spoke and Chairman Acree closed the public hearing. Supervisor McCarty moved that the following Ordinance be adopted amending the rate of car tax relief from 37% to 33%: AN ORDINANCE TO IMPOSE TANGIBLE PERSONAL PROPERTY TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: Section 1: That there is hereby levied for the fiscal year beginning July 1, 2024, a tax of $4.50 per one hundred dollars of assessed valuation on all tangible personal property, as defined and classified in Sections 58.1- 3500 through 3504 and Section 58.1-3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1-3504 are exempt from said levy. Section 2: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2024 shall be set at thirty-three percent (33%) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100%). BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board be furnished to the Treasurer of this County. 14 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. E. Resolution of the Board of Supervisors of the County of Isle of Wight, Virginia, Approving an Agreement to Relocate the Boundary Line of the Town of Smithfield and Authorizing the Filing of a Joint Petition Pursuant to Section 15.2-3106 et seq of the Code of Virginia (1950), as Amended, to Approve the Agreement. The Town of Smithfield and the County of Isle of Wight have entered into negotiations regarding a voluntary change of the boundary line between the Town and the unincorporated portions of the County. In order to make such a change, the Town and the County must enter into an agreement that will bring within the Town a tract of land presently lying within the unincorporated portions of the County to the east of the existing Town boundaries commonly known as the Mollie Turner Farm adjacent to Turner Drive. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. Upon no one appearing, Chairman Acree closed the public hearing. On motion of Vice -Chairman Rosie, the following Resolution was unanimously (5- 0) adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA, APPROVING AN AGREEMENTTO RELOCATE THE BOUNDARY LINE OF THE TOWN OF SMITHFIELD AND AUTHORIZING THE FILING OF A JOINT PETITION PURSUANT TO SECTION 15.2-3106 ET SEQ. OF THE CODE OF VIRGINIA (1950), AS AMENDED, TO APPROVE THE AGREEMENT WHEREAS, the Town of Smithfield and the County of Isle of Wight have entered into negotiations regarding a voluntary change of the boundary line between the Town and the unincorporated portions of the County; and, 15 WHEREAS, the Town and the County are now prepared to enter into an agreement that will bring within the Town a tract of land presently lying within the unincorporated portions of the County to the south of the existing Town boundaries; and, WHEREAS, urban services provided by the Town also will benefit the development proposed for the area to be incorporated into the Town; and, WHEREAS, the incorporation of additional land within the Town will help maintain the Town of Smithfield as a viable unit of local government by expanding its tax resources. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, at a regularly scheduled meeting of the Board of Supervisors held on February 15, 2024: 1. That the Board of Supervisors of the County of Isle of Wight hereby approves a Boundary Line Adjustment Agreement Between the County of Isle of Wight And The Town of Smithfield (the "Agreement"), a copy of which is attached hereto, and hereby authorizes and directs its Chairman to execute the Agreement on behalf of the County. 2. That the County Administrator and the Town Manager are hereby directed to petition the Circuit Court of Isle of Wight County to establish the new boundary line of the Town in accordance with the Agreement, pursuant to Section 15.2-3106 et seq. of the Code of Virginia (1950), as amended. 3. That the new boundary line shall become effective at midnight on July 1, 2024. In the event the Circuit Court of Isle of Wight County has not entered a final order by that date, the new boundary line shall become effective at midnight on the last day of the month during which a final court order has been entered. 4. That this resolution shall be effective immediately upon adoption. IN WITNESS WHEREOF, the Board of Supervisors has caused this resolution to be duly executed on its behalf by its Chairman and attested by its Clerk. 16 COUNTY ADMINISTRATOR'S REPORT Garry Windley, Chief of Fire Rescue, provided an update on the January 18, 2024 fire incident at the County's Industrial Park on Route 10. The responding agencies were identified and an after -action review was conducted following the incident. Will Drewery, Emergency Services Coordinator, advised that the reason the County declared an emergency is because of costs anticipated to be associated with this incident. The County has spent approximately $190,000 related to the incident. Assistant County Administrator Robertson provided an update on legislation involving SB14 and HB805; HB636 and S13567; S13697; S13544; HB1461; S1336; S13212; and, HB590; County Administrator Keaton highlighted the following matters contained in the agenda for the Board's information: 1.) Statement of the Treasurer's Accountability — December 2024 2.) County Sales Tax Report — 5-Year History 3.) Incidents by Zone Map —January 2024 4.) Incidents by Zone Data — January 2024 5.) Station Activity Report —January 2024 6.) Museum Annual Report — 2023 Supervisor Rountree made the following comments and asked County Administrator Keaton to relay them to the Treasurer: A review of where the County's funds are being invested should be undertaken (Bank of America does not operate in the County any longer); that Farmers Bank dissolved in June of 2023 and was purchased by Towne Bank; an explanation is requested regarding data being unavailable under the School's Food Service line item; how much training took place before the new Treasurer came onboard; and, relay the importance of the Board having tax billings and collection reports. The Board was advised that the Treasurer and the Clerk of Circuit Court will be attending the Board's March 7, 2024 work session. 17 UNFINISHED/OLD BUSINESS Supervisor Rountree brought up a discussion regarding the proposed formation of a Growth Management Task Force. She advised that she had discussed the matter with the Planning Commission on January 23, 2024 and the Carrollton Civic League on February 5, 2024 and presented this issue to the Smithfield Town Council on February 6, 2024. In addition to the Planning Commission, the Carrollton Civic League and the Smithfield Town Council are all very supportive of this effort, as well as the Town Managers for Smithfield and Windsor, Mayor Bowman, Council Collins, Gibbs and Adams from Windsor. Supervisor Jefferson agreed that the Task Force should work hand -in -hand with the Comprehensive Plan. Supervisor McCarty suggested that the Task Force come under the Planning Commission in conjunction with the Comprehensive Plan with staff's comments and input on it. Vice -Chairman Rosie remarked that this is a way to enhance what we do with our Planning Commission and future growth. Supervisor Rountree spoke in favor of the development of a model designed to educate the community on the positive attributes associated with growth, i.e. different types of development mean less of a burden on schools, fire, EMS and the Sheriff's Department. The Task Force needs to take the time to review applications and provide its feedback to the Board versus returning it to the Board with no comment. Both towns should be considered when the Board is looking at projects. Amy Ring, Director of Community Development, described the stakeholders advisory group associated with the last Comp Plan. Vice -Chairman Rosie commented that when the Planning Commission was working on the Comp Plan previously, what it was not getting was the significant impact of Hampton Roads on the County. He stated more housing and jobs are needed for enlisted persons. If growth is not planned, it will get out of control, such as what has occurred at Virginia Beach. We need to get ahead of the curve and have an 18 enhanced review beyond today and tomorrow if we wish to maintain the community that we love so much. Ms. Ring pointed out that the Comprehensive Plan was originally developed in 2020 from scratch. This time it will be a five-year review. Supervisor Rountree moved that an Isle of Wight Growth Management Task Force be created under the County's Planning Commission with membership consisting of a Town of Windsor Planning Commission member, a Smithfield Planning Commission member, five citizens (one representing each district), two at -large members (one from Carrollton DSD and another from Carrsville DSD) to make a recommendation to the County's Planning Commission and request their feedback. The motion passed (4-1) with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion and Supervisor Jefferson voting against the motion. NEW BUSINESS County Administrator Keaton presented a Resolution to Amend the County's Policy and Procedures Manual to Add a Dress Code Policy for the Board's consideration. On motion of Supervisor McCarty, the following Resolution was unanimously (5-0) adopted: RESOLUTION TO AMEND CHAPTER 8: MISCELLANEOUS - EMPLOYEE RELATED, ARTICLE VI — DRESS POLICY OF THE COUNTY POLICY MANUAL WHEREAS, the County has established a Dress Code Policy under Chapter 8: Miscellaneous — Employee Related of the County Policy Manual; and, WHEREAS, the County desires to amend Chapter 8: Miscellaneous — Employee Related of the County Policy Manual to address the personal and professional standards of employees; and, NOW, THEREFORE, BE IT RESOLVED that Chapter 8: Article VI is hereby amended as 19 follows: CHAPTER 8: MISCELLANEOUS - EMPLOYEE RELATED ARTICLE VI — Dress Code Policy (Adopted February 15, 2024) Section 6.1—Applicability Employees of the County are required to dress appropriately for the jobs they are performing. All County employees are expected to maintain high personal and professional standards. One of the most noticeable expressions of these standards is dress and appearance. Section 6.2 — Dress and Appearance All employees are representatives of the County and therefore dress and appearance should: • Present a professional or identifiable appearance for external and internal customers as well as the public. • Promote a positive working environment. • Limit distractions caused by inappropriate dress. • Ensure and promote safety while at work. • Dress in a manner that is normally accepted in comparable operations. • Practice good personal hygiene to include cleaning your body every day, washing your hands after using the restroom, and covering your mouth or nose when coughing or sneezing. Employees may wear appropriate casual business attire on Fridays to includejeans. Section 6.3 —Appropriate Attire • Neat and Well -Groomed — during working hours, employees should always appear neat and professional. Employees are expected to be suitably attired and well-groomed and ensure that their clothing is clean and not torn, ripped or stained. • Professional Attire — Employees should use common sense and good judgment in determining what to wear to work. Generally, if the employee is doubtful about some clothing, it is probably not appropriate. • Where uniforms are required,,they must be worn during work hours. The uniforms should be neat and clean when the employee arrives for work. 20 • Job Specific — this dress code policy is a general guideline, but employees should take into consideration any job specific safety concerns or requirements. Employees who regularly lift machinery or heavy materials should not wear dangling clothing or jewelry that may get caught in machinery and should wear comfortable, slip -resistant, safety shoes at all times. • Attire and footwear must be appropriate for work setting, particularly if there is public contact. • Department Directors have the discretion to further expand on what is considered appropriate attire within their respective departments/divisions. • Casual Attire: Jeans (neat and clean), khakis, polo shirts, cargo pants/trousers, capris/clam diggers/cropped pants below the knee Section 6.4 — Prohibited Attire Some attire is unacceptable for work at any time. The following list provides some examples, although it is not a complete list: • Any clothing that contains an offensive word, message or slogan or picture directed at race, sexual orientation, gender, age, religion, disability, or is otherwise considered to be offensive or harassing in some way. • Cut-offs or shorts. • Gym wear or beachwear • Clothing which is sheer or exposes excessive amounts of skin, including bare midriffs, bare backs or cleavage. Revealing or skin-tight attire is not acceptable. • Ripped, dirty, wrinkled, frayed, sagging, low -riding or skin-tight denim or pants • Mini -Skirts • Visible undergarments • Pajama tops and/or bottoms • Leisure shoes -flip flops or slippers • Tank tops, tube tops or crop/midriff tops • Halter style tops, spaghetti strap tops or dresses, "cold shoulder" tops or dresses, or tops or dresses with bare shoulders ("off the shoulder") unless covered by a jacket or overgarment • Hats, bandanas, or bonnets unless part of an approved work uniform or that are required for religious purposes. Any deviation for safety or health related issues must be approved by a supervisor or director. • Spandex, Lycra, or leggings (unless underneath a dress or sweater/tunic that 21 extends past the hips) If an employee comes to work in inappropriate attire, the employee may be asked to go home, change into the appropriate attire and return to work. Employees may be subject to disciplinary actions. Supervisor Rountree requested County Administrator Keaton to discuss with the Director of Human Resources if language addressing fingernails, tattoos and piercings should be included in the policy. County Administrator Keaton presented a Resolution to Revise the FY2023-24 Classification and Compensation Plan to Address Staffing Needs in the Utilities Department. He explained that the County Engineer position will be vacant as part of the transition to fill the Director of Utility position and needs to be reclassified to Assistant Director of Utility Services. Additionally, the Utility Systems worker needs to be reclassified to Cross Connection Control and FOG Program Administrator which will be responsible for administering the Cross Connection Program along with Fats, Oils and Grease (FOG) program. On motion of Supervisor McCarty, the following Resolution was unanimously (5-0) adopted: RESOLUTION TO AMEND THE FY 2023-2024 OPERATING BUDGET AND APPROPRIATE FUNDING FOR PUBLIC UTILITIES BILLING WHEREAS, the Board of Supervisors needs to transfer $120,370 and any other amount that may be discovered to be already budgeted in the Treasurer's department, to the Public Utilities Fund, for operation of utilities billing; and, WHEREAS, the Board of Supervisors desires to budget and appropriate funds in the amount of $120,370; and, WHEREAS, funding so much as already budgeted and appropriated in the Treasurer's Office for Utilities Billing may be transferred and budgeted in the Public Utilities Fund for Utilities Billing salaries, benefits and operating costs. 22 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that funds are hereby budgeted and appropriated for Utilities Billing salaries, benefits and operating costs. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. County Administrator Keaton relayed a request from Michael Stallings, Smithfield Town Manager, requesting that the County request Parcel 21A-01-184, the location of Riverview Park, be rezoned to Community Conservation (CC) from its current zoning of Downtown Neighborhood Residential (DN-R) for the purpose of preserving the property as a public park and open space for the benefit of Town and County residents. He stated it might present a disadvantage to change the zoning. Supervisor Rountree noted that the intent of the request is to make this property consistent with all the other parks. County Administrator Keaton is to advise the Town of Smithfield that the Board did not take any action on its request to rezone County -owned property within the Town from Downtown Neighborhood Residential to Community Conservation for preservation of the property as a public park and open space. County Administrator Keaton requested the Board guidance in whether or not the Board wishes to update its Strategic Plan which was adopted in 2013 and last updated in 2016. The Board concurred that its Strategic Plan needs to be updated. 23 Regarding the Cypress Creek Bridge work, Supervisor Rountree advised that Jamie Oliver, the County's Transportation Manager and Smithfield Town Manager Stallings are currently discussing what can be done with the VDOT Project Manager. Pursuant to Section 2.2-3711(A)1 of the Code of Virginia, Supervisor McCarty moved to enter a closed meeting for the limited purpose of a discussion concerning the County Administrator. 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 24 that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Rosie, Jefferson, McCarty, Rountree NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ADJOURNMENT At 11:00 p.m., the meeting was declared adjourned. -,rut!& 5�nq Carey Mills Storm, Clerk Joel C. Acree, Chairman 25