Board of Supervisors - Regular Meeting

No.

Let's call this call meeting, joint meeting with Briseida, September 15th, 2026, to order. I'll let Mr. Burnett call Briseida to order.

Yes, we'll call this meeting to order for Briseida at 5.30 p.m.

Thank you. Okay, with that... We'll move on to the invocation and pledge before we move on with the consent agenda. So I'll ask Mr. Collins to leave us an invocation to Mr. Early in the pledge, please.

Father, thank you for the opportunity to be here tonight again to deal with the business of the county. We pray that you give us wisdom, leadership, and guidance. In Jesus' name. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands,

one nation under god indivisible with liberty and justice for all okay next before we go to the consent agenda uh with bursita i'm going to ask for a motion to amend the agenda for discussion of our appointees uh mr durbin has raised keeps raising questions of if it's valid so i'd like to have a discussion on that somebody make a motion to amend the agenda i'll make that motion motion mr collins will have a second second okay start to vote mr horton yes mr bryant yes mr early mr collins yes mr moore yes and i vote yes okay um mr durbin sent an email um this week we've had some conversations um i sent one yesterday concerns replacing motion for Mr. Early. In the last statement of his email, he knows that some board members of the board understood that Mr. Early's term should be expired in 2025. I've not received any documentation to confirm that, and I don't see how that could fit with the statute or the bylaws of Bursita. But I welcome any other information that could show how the terms could have changed. In absence of such evidence, it looks to me like Mr. Early remains an officer of Bursita. So I'm going to go down with the points that we have Perceda's bylaws, as he said in the email, provide the initial term of Perceda board end on December 31st, 2026 and shall be four years thereafter. Of course, Perceda is not important to members, we do. And that's happened since 2011. If a supervisor is on the board and they resign or lose the election, we appoint a new supervisor to fill the remainder of the term. We've done that since I've been on the board. For instance, I'm serving the remainder term of Mr. Early's on social services. Mr. Bront served the remainder term for me on solid waste. Mr. Early was appointed to fill the remainder of Rex Hill's term, which expired May 10, 2025. And I have an email confirmation. Rex Hill's appointment originally expired December 2020. The Board of Supervisors did not reappoint him until May 2021. And there are other instances with Brasida itself. Kenneth Belton, Grayson County, January 1st, 2018, appointed. Expired December 31st, 2021. That's three years. Mike Ash, Grayson County, that appointment, January 1st, 2020, that expires December 31st, 2023. Again, that's three years. And that's not the equal year starting from 06, like you said. Greg Seal, Carroll County, At the point of January 11, 2017, that expires December 31, 2020. Again, that's three years. Robbie McCraw, May 19, 2017, expired December 31, 2020, which, of course, went along with the election. And this is from Blue Ridge Crossroads. Proceed. And I'll have Crystal speak on that a little bit, if you will, because you know how we do with staggered terms and if a supervisor loses an election or one resigns and this –

Not sure your question.

The expiration that we've done it before. I mean, it's happened. It's not always been the same with the bylaws.

Are you speaking up?

Yes. Yes.

So the reason that happened, and you can see from those minutes, the original term expired December 31st, 2020.

I went through every minute from then going forward.

They tabled it twice, made me

Thank you. And I do have a question for Mr. Early. Have you taken the oath? Do you have a record of it? Well, I mean, the reason I bring it up i have an email from gerald goad good afternoon after a diligent search i was unable to find an oath for jody early to serve on the bursita board before any oaths were administered we required a letter from the specific department requesting the oath to be administered we did not receive an official letter requesting an oath for him to serve on this particular board again bursita do you have any record of his okay And that is a proceed to bylaw, correct? 1.8049 one code of Virginia.

Yes, it I mean it is a requirement that board members take the oath of office.

OK. And of all members taken out of that's that's here tonight. I mean, can you can you tell me you took those? Okay. All right, so this is my opinion on the whole situation, and I'll let the board open up for discussion. You know, we made a motion, and it passed to replace the proceeding members. I don't have the evidence I have from the clerk of court. It does not show an oath was ever taken by Mr. Early. Both of the new members that we have appointed have taken the oath. I have copies of those, and we have made a vote, and it's our decision. So if anyone has any comments.

Well, I mean, I think that I've expressed my concerns to the board. I think that when I read the statute together with the bylaws, we should have terms for all BRCEDA members expiring in 2010, 2014, 2018, 2022, and 2026, as of December 31st of each of those years. To the extent that we have people who are appointed at different times, I think the proper way to do that would be for them to be appointed, for example, someone's appointed in 2017, They would serve until 2018 and then be reappointed, ideally, for the term to 2022 and so on. And I don't see a way around the statute there. It says four-year terms. So, again, I don't see how we have an expired term for Mr. Hill as of 2025. That's the concern that I have. It is this board's decision. You all can take my concerns and decide on it, but I wouldn't be doing my job if I didn't tell you That's my concern. I think the safest thing would be to amend the resolution to appoint Mr. Early's replacement effective December 31, 2026. That would align with the statute, the bylaws, and would resolve any issue there. In lieu of that, if we proceed with sort of this question still out there, I would amend the motion to be effective, to replace Mr. Early effective upon his vacancy from office, and then we can look into it further. But right now, I've got a substantial question in my mind as to whether Mr. Early can be removed.

So if you do not have evidence of taking the oath, that's okay? Because that is a requirement from Virginia code.

Yes, it is a requirement, although I think only for members of boards of supervisors, if you don't take the oath by the first organizational meeting in January, then the office is vacated. For other officers not taking the oath, it's a directive, it's a requirement that needs to be fulfilled, but it doesn't necessarily vacate the office. Additionally, For oaths of this nature, for a board like Proceda, it doesn't necessarily have to be taken before the clerk of the circuit court. Other officers may administer oaths for those lower offices. For you all, in your capacity as members of boards of supervisors, you have to take it before the clerk of the circuit court. But that's not necessarily the case for Proceda members. The fact that Mr. Goad doesn't have evidence of Mr. Early taking the oath does not... Well, Mr.

Early, who gave you the oath? That was almost four years ago.

It would have been Gerald. I've taken every oath I've been told to go take. I have not taken a single one.

So I am certain... And Gerald has done the oaths on all of our other members. Mr. Watson, Mr. Hill... And we've also got the expiration, you know, the date you're talking. I mean, Mr. Belton was December 2021. That's an odd year. You know, and there's examples that it's happened with procedure before. It's not a, you know, it's not, it's a standard four-year appointment. And that's, like I said, that's the way we've always done it. These were expiring on September 8, 2013. But we've always, since I've been on the board, and, you know, you can go into the law laws and each social service is everyone else. I mean, they're all different. And we always appoint a board member based on the term that is up for reappointment. And Chris, we even brought it to us in 2025 a couple of times to be reappointed. We just never did. Any supervisors, do you have any other comments or concerns?

The way I feel the structure of the board and just speaking with the board members, I feel like that Mr. Watson has resigned and Mr. Collins takes his appointment. My appointment is Mr. Early's. And I just asked Mr. Early, is that something you'd consider doing, is resigning from it? No.

My term expires at the end of this year. And if you want to reappoint somebody after that, have at it. I'm just asking, you know, because it's a pleasure to the board for that vote. No, I will not resign. And Mr. Durbin, if it makes them feel better, I'll take another oath tonight for you.

I mean, I think that taking the oath subsequently would meet the statute. I don't think that... It's necessary? I don't think that... Well, I don't think that... Moving forward, if you remain in office, I would suggest you take the oath if you haven't already. But I don't think that necessarily vacates the office. So again, there's still a substantial question in my mind as to whether the motion of last week to replace Mr. Early was effective.

And by the bylaws, it's a resign or a court order. Correct. That's in the statute.

It's four-year terms. Well, Ms. Sayers sent an email to have Rex. He didn't, you know, make sure he took his because they had to close on refinancing land, and they said he could not participate until he took it. I have an email stating that, too. So, I mean, at this point, I mean, it's up to the board if you want to amend your motion or if we want to just move on with the meeting. I stand firm on my previous motion. Okay. Anyone else have any comments? I stand as well. All right. Then we will move on. Mr. Burnett, I'll let you go to the consent agenda.

I have a question. Who's the voting member for Bursita?

I have two oaths from Mr. Collins and Mr. Moore, the ones that the board appointed.

On behalf of procedure, the only thing I can suggest in this situation is that all of them, all of the possible members vote on all motions for procedure. And if it once it is determined who is the voting member, then are you the attorney for Mercedes? Yes, you are.

Yes, we were told you weren't when we asked you that before.

My firm represents procedure and I've told you that My partner, Mr. Broughton, has been representing and assisting Briseida in their projects related to Wildwood.

Okay.

So what was your recommendation as far as voting members?

Until you said something about... Until the issue is resolved, I think that you want to... But the board's voted.

We're resolved. I mean, if you want to challenge it, you can challenge it. But we've already placed two members in.

Okay. Again, I think that... We can have further discussion in closed session with Bursita, but at least for moving forward to get to that point, to adopt the remote participation policy, I think that the wisest thing is for all possible members to vote, or any member whose position is in question could also abstain from voting. And that's up to the chair to proceed it. Mr. Chairman, under Robert's rules, non-members of the body do not have authority to raise points of order.

Mr. Burnett, do you want to move on?

Thank you, sir. We do not have a consent agenda item tonight. We did need to re-approve our annual remote participation policy, and I'm going to turn that over to Ashlyn.

So we have a remote participation policy so that board members can vote and participate remotely, and it needs to be reappointed yearly, and so we are asking for the annual reapproval of that just so that Steve Boyer can participate and anybody else moving forward for the next year as well.

Do I have a motion to approve? A second? All in favor signify by saying aye. Any opposed? Thank you. That's all I have, Mr.

Chair. Okay. So next on the agenda, we are going to go into closed session to discuss with proceed of the project in Wildwood. So upon motion, the board will convene the closed session for discussion as authorized by Virginia Code Section 2.2-3711. Mr. Durbin.

Yes, Mr. Chairman, that's 2.23711A5, discussion concerning prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business or industry's interest in locating or expanding its facilities in the community. A6, discussion or consideration of the investment of public funds where competition or bargaining is involved where, if made public initially, the financial interest of the governmental unit would be adversely affected. A8, consultation with legal counsel employed or retained by the public body regarding specific legal matters requiring the provision of legal advice by such counsel. A29, discussion of the award of a public contract involving the expenditure of public funds where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body.

Thanks. I'll entertain a motion to go into closed session. Virginia Code Section 2.2-3711, A5, A6, A8, and A29. So moved. Okay, do I have a second? Second. Okay, start to vote. Mr. Early? Yes. Mr. Bryant? Yes. Mr. Horton? Yes. Mr. Collins? Yes. Mr. Moore? Yes. And I vote yes. And Procedo wants to go into closed session.

Yes, sir, Mr. Chairman. We are looking for a motion from the Procedure Board to go into closed session relative to 2.2-3711, A5, A6, A8, and A29. Do I have a motion? Do I have a second? All in favor, please say aye. Any opposed? We are in closed session.

you

Shall we entertain the motion to come out of closed session? So moved. Do we have a second? Second.

Okay.

I'll start the voting with Mr. Horton. Yes. Mr. Bryant. Yes. Mr. Collins. Yes. Mr. Moore. Yes. And I vote yes. And do you want to do your motion, Mr. Chair?

Yes, sir, Mr. Chairman. We would like to have a motion to come out of closed session from Bracita. Second?

Second.

All in favor say aye. Aye. And we need to certify that we only talked about what we're supposed to talk about in closed session. And I'll...

I so certify.

I so certify. I'll abstain and certify with the board.

All right.

I'll abstain and certify with the board.

Boyer. I so certify.

Thank you. Now I'm going to ask each board member to certify, whereas the Carroll County Board of Supervisors convened a closed session this day pursuant to an affirmative recorded vote and on a motion to close the meeting in accordance with the Virginia Freedom of Information Act, whereas Section 2.2-3711D of the Code of Virginia requires a certification by the Board of Supervisors that such closed session was conducted in conformity with Virginia law. We went into closed session under Section 2.2-3711D, A5, A6, A8, and A29. Now, therefore, it be resolved that the Carroll County Board of Supervisors hereby certifies that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act were heard, discussed, or considered in the closed session to which the certification applies. And only such business matters as were identified in the motion by which this closed session was convened were heard, discussed, or considered in the meeting to which the certification applies. I'll ask each member to certify, starting with Mr. Moore. I so certify. Mr. Collins. I so certify. Mr. Bryant. I so certify. Mr. Horton.

I so certify. And I so certify.

Okay, next on the agenda is Bursita discussion. And so you want to do a motion? Wait. We'll wait until after this. Okay. So, of course, we had discussion with Bursita about what they're working on with – Exit 19 to try to get us called up. We don't have everything in front of us. We've got most of it. We're going to look at some of the information we have. You know, you can't make a decision or read everything in a short time. So we do have some stuff to take home with us to look at. We'll have some more information as it comes available and in the October meeting. Hopefully we'll have more information for you guys to let you know what everything is going on, okay? And did any of the supervisors have anything else?

I would just like to add to that, Joey. Mr. Chairman, several people have asked me how I feel about data centers, and I just want to make clear, I'm not for or against, but I'm against doing it without the public having all knowledge of what's going on. So in light of that, also, I have a motion, Mr. Chairman, that I'd like to make. Yes, sir. I move that the Carroll County Board of Supervisors undertake a due diligence review of the county's legal representation by identifying and interviewing... I think we need to close out of their meeting and do that.

Okay. Sorry. I apologize. So we'll go ahead and... And I do want to add, I think Mr. Boyer from Grayson County is going to help with some of the conversations moving forward with the

the board and the citizens correct yes he has volunteered um you know once to get out and that's what we're wanting to do is know what's going on and let you all know what's going on transparency and let you know um what might be coming and if it does happen or what's coming what what it's going to do and and you know what kind of things you're looking for and he's willing to get up and and talk about that and we have to do that in october So we'll go ahead and adjourn the meeting with Bursita. If you are good, y'all can go and then Mr. Collins has a motion.

Do I have a motion to adjourn? Second. All in favor? Thank you all.

Appreciate you. Thank you. Thank you. Thank you. All right. Now. Okay, Mr. Collins.

All right, Mr. Chairman, I move that the Carroll County Board of Supervisors undertake a due diligence review of the county's legal representation by identifying and interviewing qualified attorneys or law firms interested in providing county attorney services. This motion does not terminate or alter the county's relationship with its current attorney. Our current attorney shall be given the same opportunity to participate in the process, present his qualifications, experience, proposed services and terms to the board. The purpose of this review is to simply ensure that Carroll County has the most capable, responsive, independent, and effective legal representation available. After completing interviews, considering all qualified candidates, any decision concerning the county's legal representation shall be made by a separate vote of the board in an open meeting as required by law.

Okay, I have a motion by Mr. Collins. We'll have a second. Second. Second by Mr. Horton. We'll start the voting with Mr. Bryant. Yes. Mr. Horton.

Yes.

Mr. Collins.

Yes.

Mr. Moore.

Yes.

And I vote yes. Does any other board members have anything?

I just want to tell everybody thank you for coming out tonight. My first personal interaction at all with Briseida. I did request some transparency from, more transparency from Briseida to us. So we'll be giving you guys all the information we got as it comes available to us. And we have some time to digest this information. That's all I've got. Thank you.

You asking for the floor?

Yes.

Yes.

Just for the record, most of you all know me. I'm Tony Hall. I live in the Fancy Gap District. Gentlemen, I sent you all an email the first of the week. For the record, in front of everybody, I want to say thank you. Mr. Horton, Mr. Bryant, Mr. Collins, Chairman Dixon, Vice Chairman Tracy Moore, thank you. You gentlemen have come a long way in a very short amount of time. We as the citizens, myself especially, appreciate your straightforwardness and your honesty. We appreciate your wording and your emotions, your strength, your integrity, and everything that you've stood for the last few weeks. And I just cannot express my gratitude for what the five of you gentlemen have done. And I appreciate you. So thank you very much.

Thank you. Since I'll let Ms. Hall have the floor, I'll go ahead and if anybody else wants to speak, you're more than welcome. If not, we will adjourn. Okay, come on up.

I really appreciate it. I know last week or whenever I kind of went off on a transparency thing and all that stuff. And I was told not to direct it at anyone specifically on the board. So I did. I kind of had to direct. I wasn't trying to paint you all with the same brush. But I appreciate what you guys did.

No problem. Thank you. Thank you, sir. Anyone else? okay i want to ask for a motion for adjournment let's get out here all right start to vote mr horton yes mr bryant yes mr collins yes