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01-18-2018 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 ON THURSDAY, THE EIGHTEENTH DAY OF JANUARY IN THE YEAR TWO THOUSAND AND EIGHTEEN PRESENT: Rudolph Jefferson, Chairman, Hardy District William M. McCarty, Vice -Chairman, Newport District Don G. Rosie, II, Carrsville District Joel C. Acree, Windsor District Richard L. Grice, Smithfield District ALSO IN ATTENDANCE: Mark C. Popovich, County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman Jefferson called the regular meeting to order at 5:00 p.m. and welcomed all present. APPROVAL OF AGENDA/AMENDMENTS On motion of Supervisor Acree. all those present voting in favor (5-0), the Agenda was approved as amended with the addition of the following items under the County Attorney's report: Discussion regarding a presentation and discussion of a special election process; consideration of a Resolution Supporting Legislation to Modernize the Communications Sales and Use Tax; and, consideration of a Resolution Opposing Legislation to Limit Local Authority Over the Placement of Wireless Infrastructure. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Popovich: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities and pursuant to Section 2.2-3711(A)(5) regarding a discussion concerning a prospective business locating in the County where no previous announcement has been made. Upon motion of Supervisor McCarty, all those present voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Popovich. Upon motion of Supervisor McCarty, all present voting in favor (5-0), the Board reconvened into open meeting. County Attorney Popovich reminded the Board that in accordance with Section 2- 10(G) of the Board's Rules & Procedure, all those who participated in the closed 1 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, 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. VOTE AYES: Acree, Rosie, Grice, Jefferson and McCarty NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION/PLEDGE OF ALLEGIANCE Supervisor Rosie delivered the invocation and led the Pledge of Allegiance to the American Flag. CONSENT AGENDA A. Resolution to Appoint Supervisor Joel C. Acree to the Hampton Roads Transportation Accountability Commission (HRTAC) B. Resolution to Amend the Uniform Fee Schedule to Include Motor Vehicle License Transfer Fee C. Resolution to Recognize School Choice Week D. November 1, 2017 Work Session Minutes On motion of Supervisor McCarty, all those present voting in favor (5-0), the Consent Agenda was adopted as presented. CITIZENS' COMMENTS Fred Mitchell of Sugar Hill Road addressed the Board regarding the recent newspaper article announcing Sheriff's Marshall's resignation/retirement effective March 1, 2018. He requested the Board petition the Circuit Court Judge for a special election in May 2018 so that the citizens can vote for their candidate of choice versus the Sheriff naming a successor to fill his unexpired term which could be held in conjunction with the Town of Smithfield's election in May 2018. Albert Burckard of the Newport District asked that funding for the Museum in Smithfield be requested from the Town of Windsor at the Board's next Windsor Intergovernmental Relations Committee meeting. Michelle Billups of Zuni requested the Board petition the Circuit Court Judge for a special election in May 2018. Volpe Boykin of the Carrsville District urged the Board to petition the Circuit Court Judge for a special election in May 2018. Mr. Mitchell, Ms. Billups and Mr. Boykin were advised that the Board would be receiving a report from County Attorney Popovich later in the agenda regarding the Board's role under the Code of Virginia with respect to petitioning the Circuit Court Judge for a special election in May 2018 to fill the unexpired term of Sheriff Marshall. REGIONAL AND INTER -GOVERNMENTAL REPORTS No reports were offered by the Board. APPOINTMENTS Responsive to the motion of Supervisor Grice at the Board's organizational meeting of January 10, 2018 that County Attorney Popovich be directed to communicate with the Western Tidewater Jail Board's attorney regarding the ability of Supervisor McCarty to serve on the Jail Board due to Jail Board members having direct authority over the Superintendent and Supervisor McCarty's son being employed by the Jail, County Attorney Popovich advised that Supervisor McCarty's appointment to the Jail Board does not constitute a conflict of interest Chairman Jefferson moved with all those present voting in favor (5-0) that Supervisor McCarty be appointed to serve on the Western Tidewater Jail Authority. On motion of -Supervisor Grice, all those present voting in favor (5-0), Barbara Stafford was appointed to the Social Services Board replacing Florine Moore. COUNTY ATTORNEY'S REPORT County Attorney Popovich advised the Board relative to the special election process in the Commonwealth of Virginia for the Sheriff and the anticipated cost 3 of $20,000 to $30,000 if a special election is held on a date other than the general election. Supervisor McCarty remarked that he would be in favor of a special election in May or July of 2018 as the County has never experienced a resignation by its Sheriff and it is likely that County residents would want a special election as this is an elected position with a vital role. Supervisor Acree remarked that he is also inclined to favor a special election citing County residents would be more informed on the candidates as opposed to a general election. Supervisor Grice expressed concern with conducting a special election as an individual may be excluded in the rush to get candidates registered. Supervisor Rosie spoke in favor of a special election as this presents an opportunity for citizens to exercise their right to vote and select a Sheriff and that he believes that three months will provide candidates sufficient time to get registered and campaign. Chairman Jefferson indicated that he was not in favor of a special election in May as it does not provide candidates ample time to register and campaign. On motion of Supervisor Acree, the motion to direct County Attorney Popovich to petition the Circuit Court Judge for a special election on May 1, 2018 was adopted by a vote of (3-2) with Supervisors McCarty, Acree and Rosie voting in favor and Supervisor Grice and Chairman Jefferson voting against the motion. A Resolution Supporting Legislation to Modernize the Communications Sales and Use Tax was presented for consideration of County Attorney Popovich and on motion of Supervisor McCarty, all those present voting in favor (5-0), was denied. A Resolution Opposing Legislation to Limit Local Authority Over the Placement of Wireless Infrastructure was presented for consideration by County Attorney Popovich and on motion of Supervisor Acree, all those present voting in favor (5- 0), was adopted as follows: RESOLUTION OPPOSING LEGISLATION TO LIMIT LOCAL AUTHORITY OVER THE PLACEMENT OF WIRELESS INFRASTRUCTURE Whereas, in the 2017 General Assembly Session, the Virginia Association of Counties (VACo) agreed to support legislation to allow for "by -right" zoning approval for the placement of small cell wireless facilities (i.e. antennas) on existing structures; and Whereas, as part of that agreement VACo pledged to work with the wireless industry to support deployment of wireless infrastructure in unserved and underserved areas; and Whereas, discussions with industry officials in 2017 did not lead to any meaningful solutions for unserved and underserved areas; and 51 Whereas, industry -supported legislation currently before the General Assembly (HB 1258 and SB 405), proposes to strip Virginia's counties of their ability to exercise control over the installation and operation of new structures within their communities; and Whereas, this new legislation mandates a top-down process, eliminating the rights of local officials, residents, and businesses to meaningfully engage in decisions affecting the character of their own communities; and Whereas, this legislation fundamentally shifts long-standing authority, moving decision-making from the community and its locally elected officials to wireless corporations; and Now Therefore, be it Resolved that the Board of the County of Isle of Wight, Virginia formally requests that their representatives in the Virginia General Assembly OPPOSE any telecommunications legislation that would further erode local land use authority or remove input from local elected officials. Now Therefore, be it Further Resolved, that the Board of the County of Isle of Wight, Virginia directs the Clerk to send a copy of this resolution to the delegates and senators representing Isle of Wight County, Virginia; Delegate Terry Kilgore and Senator Ryan McDougle, the Governor of the Commonwealth of Virginia and the Virginia Association of Counties. PUBLIC HEARINGS A. Application of Michael J. Putman, Owner and Applicant, for a Conditional Use Permit on a Parcel Totaling 0.24 Acres to Allow for a "Dwelling, Two Family" (Duplex) on Property that is Zoned Rural Agricultural Conservation (RAC) Trenton Blowe, Transportation Planner, represented the application. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to the application. Michael Putman, the applicant, requested that the Board approve his application. The public hearing was closed and comments solicited from the Board. Supervisor Rosie remarked that the application is consistent with the prior residential use and he would hate to see the building to continue to fall in disarray. Supervisor McCarty spoke in favor, and Chairman Jefferson concurred, with the revitalization of the existing building which will benefit all citizens. On motion of Supervisor Rosie, all those present voting in favor (5-0), the application was approved. B. Application of Jimmy Ferguson, Owner, and Maurice Deshazo, Applicant, for a Conditional Use Permit on 1.09 Acres Located at 14170 Carrollton Boulevard to Allow for a "Motor Vehicle Dealership, Used" to be Operated on a Portion of the Site Currently Zoned General Commercial (GC) Mr. Blowe represented the application. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to the application. Jimmy Ferguson, the applicant and owner, advised he is seeking to offer individuals with credit challenges the opportunity to secure financing to acquire reliable transportation at a location to be shared with his remodeling company. Ed Easter of 12224 Hideaway Lane objected to the application because of its potential impact to residents in that area due to already heavy vehicular traffic on Smith's Neck Road, Titus Creek Road and Nike Park Road. The public hearing was closed and comments solicited from the Board. Supervisor Acree expressed concern with potential impacts to the Nike Park Road extension project and questioned the validity of the applicant's letter. County Attorney Popovich advised that the Nike Park extension project will require acquisition of private property through the process of imminent domain and the applicant's statement contained in his application is a promise not to hold the County responsible for those types of costs and could be used as evidence during a trial. He opined that that the applicant's letter is of sufficient value in terms of being able to use it during potential litigation as to what the value of the property is. Supervisor Grice inquired if a business could be successful with only 25 cars located on that one -acre lot. Mr. Ferguson indicated his desire to amend his application not to exceed 50 cars. Mr. Blowe advised that the 25 -vehicle limit was put in place due to setback requirements in the front of the lot and because the material where the cars are parked must be the same as used for off-street parking. He advised that if the applicant increases the number of vehicles, he must also pave the area for the proposed additional 25 cars. On motion of Supervisor McCarty, all those present voting in favor (5-0), the application was approved as amended to increase the vehicles to be sold from 25 to not exceed 50. C. Application of Bobby G. Buie, Owner, and Zeno D. Smith on behalf of D. Smith Property Inc., Applicant, for a Conditional Use Permit (CUP) on 2 Acres Located on Fort Huger Drive to Allow a "Construction Yard" to be Operated on the site Zoned Rural Agricultural Conservation (RAC) CI Mr. Blowe represented the application. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to the application. David Moose, real estate broker, stood on behalf of the applicant who was not able to be present. He assured the Board that the noise concern associated with grinding and chipping expressed at the Planning Commission meeting is not part of the applicant's operation. He stated the applicant has a large boom that cuts a large tree down piece by piece before it is hauled off. He stated the problem would be with the chain saw and the cutting up of the material to be able to get it in a size they can handle so that it can be removed from the property. Kammy Alligood of 14050 Lawnes Creek Road spoke in opposition to a construction business in her neighborhood which is secluded and rural in nature. She distributed pictures of the applicant's current business. She cited concerns with eighteen wheelers utilizing and compromising the existing roadway; with the site becoming more apparent as existing Pine trees grow and become thinner. Chuck Lawrence of Captains Point Lane spoke in opposition stating he is pro- business, but this location is not suited for commercial activities. He stated if the applicant replicates his current business in Newport News, it will ruin the rural setting of the surrounding area. He further stated that he is opposed to the applicant utilizing this property for target practice and that motorists do not abide by the existing 35 -mph on this secondary road. Richard Farrell of Fort Huger Drive spoke in opposition because of the disruption to the neighborhood by the noise, dust and dump truck traffic. Shawn Wilson of Fort Huger Drive spoke in opposition to the proposed construction yard citing noise concerns and visibility of the site when the Pine trees grow taller. He further expressed concern with his property value declining. The public hearing was closed and comments solicited from the Board. Supervisor Acree remarked that the concerns are legitimate and the chance of strain on emergency services in case of a fire. Chairman Jefferson remarked this is a residential area and a construction site would degrade the quality of life in that neighborhood, as well as degrade the existing secondary road and create noise and truck traffic. On motion of Chairman Jefferson, all those present voting in favor (5-0), the application was denied. D. Application of Elliot Cohen, Owner, and the Community Empowerment Center, Applicant, for a Conditional Use Permit (CUP) on 4.46 acres, located at 15042 Carrollton Boulevard to Allow for a "Religious Assembly" Use on a Property Zoned General Commercial (GC) 7 Mr. Blowe provided background information on the application. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to the application. Elliot Cohen, owner, spoke in favor, stating the church's objective is to expand its services. The public hearing was closed and comments solicited from the Board. On motion of Supervisor McCarty, all those present voting in favor (5-0), the application was approved. E. The Application of East West — Benn's Grant, LLC, Applicant, East West — Benn's Grant, LLC, Benn's Church Properties, and Turner Farms, Inc., Owners, for Amendment to Conditional Zoning of 26.43 Acres of Land Located at 15150 Benn's Church Boulevard to Convert a Portion of the Designated Commercial Property and Open Space Area to Allow for 216 Additional Residential Units Mr. Rudnicki provided background information on the application. Chairman Jefferson opened the public hearing and called for those in favor or in opposition to the application. Branch Lawson, President of the Hampton Roads Division of East West Partners, shared pictures of the amenity plan for the recreational area as proposed which includes the lakes, open space, plantings and trails. He referred to a promise made to the residents of an additional $150,000 for additional amenities that will collectively be designed together. He stated that the community impact statement and physical impact analysis shows sufficient capacity within appropriate County facilities. He stated the primary purpose of the $5,370 cash proffer in phase one was associated with the road work related to the Route 10 Brewers Neck Boulevard extension and Benn's Grant Boulevard project. He advised that the residential component of Benn's Grant has paid over $1.8 million in proffers and tap fees to this project and as that project is now complete and his part of the coinmitment for the project should be fully paid off this year, the remaining proffers from the homes in the existing section in Benn's Grant can be used to contribute to capital needs as the County sees fit, to include schools and capital projects. He stated that the original proffer was designed to address a specific need, the major road project has been completed and does not carry over to what is now being proposed. He stated based on the studies presented, there are no current capacity issues or deficiencies in the areas that were required to be evaluated. He stated the fiscal impact assessment projected net annual revenues to the County of $452,000 after completion of this project. He stated some of the houses and duplexes will create a great transition from the existing single-family portion of the community to the future commercial areas and will provide for a new full -access entrance to the neighborhood to Benn's Grant Boulevard to Route 10 and offers a more enticing look and opportunity for commercial development. 8 Bill Kessler of Carrsville spoke in favor stating the application is consistent with the property's zoning which was designed years ago to be a growth area. Albert Burckard of Titus Point Lane in the Newport District asked that Supervisors Grice and Rosie abstain from voting on the application. Ed Easter of 12224 Hideaway Lane stated due to the working relationship between the Board of Supervisors and School Board, significant advances to the quality of education have been made and the school system is one of the primary reasons people are moving into the County. He asked that nothing be done that might jeopardize the school system. Quincy Beasley of Oak Hill Lane addressed misleading information contained in the applicant's application concerning unusable land and building of driveways to decrease the number of cars on the street. He expressed concern about the risk to property owners relating to property values and overcrowding in the schools and the impact to other developments in the County by increased growth and how it affects resources. Joe Mastrangelo of Oak Hill Lane questioned the expert's calculations relative to school ratios. She stated that the proposal is laden with unknown risks such as who will pay for water and the school system. She brought up the broken promise of open space between the lakes. Vicky Hulick of the Newport District clarified that the School Superintendent has been in touch with County staff on a regular basis and anything requested has been provided to County staff regarding this project. She referred to the high ratio of students that will be living in that community, noting that there will be an impact to the school system and she requested that the Board think about the long-term ramifications to the school system. Richard Turner of Commerce Street remarked that growth is inevitable and East West Partners has a history with the County and the Tidewater area of doing what they say they are going to do. He stated this high-quality development will generate $7.5 million in proffers, not including revenue that will be generated from the existing homes that can help pay for a new school or whatever is needed. Henry Morgan of Carrollton remarked on the time and funds expended by himself and Mr. Turner in rezoning this property. He stated today the market is improving; however, many rezoned lots remain undeveloped in the County. He stated more real estate taxes and water customers will increase the tax base in the County. Rachel Schultz commented that she had invested in the purchase of a townhouse in the Benn's Grant community for the quality of life it offered. She cited concern with a decrease in the value of her home due to the proposed number of additional homes to be built and for potential overcrowding conditions in the schools and on the roadways. 9 Erin Milliken of Carrollton, an employee of East West Partners, stated the school population has decreased by 19 students over the last ten years. He stated results from the public survey of the Isle Plan identified the school system and its facilities, the preservation of the County's agricultural lands, compact development and decreasing sprawl and targeting that development into the existing Development Service Districts as priorities. Eric Williamston of the Benns Grant community expressed his opposition citing it is uncontrolled growth if the growth of the schools is not matched with the approval of growth to this community. He stated there is already overcrowding on the school buses and he asked the Board not to approve the application. Ms. McCoy, a resident of the Benns Grant community, expressed concern with the number of proposed additional homes. She noted that school buses are already overcrowded and the number of students in a classroom is high. There being no further public comments, the public hearing was closed and comments were solicited from the Board. Mr. Lawson advised that East West Partners is proposing a change to Proffer #6 that the first leg of the waterline consisting of 1,450 feet will be built at their cost and built by July 1, 2018 or 90 days after there are approved plans with the second leg of 1,900 feet to be built at their cost, not to exceed $150 per foot, which will result in a minimum savings to the County of $408,000 and be finished in a six-month period. He pointed out that in the previous zoning application, East West Partners was referred to as the applicant and Messrs. Morgan and Turner as the owners. He advised when the new document came out, East West Partners was the owner by the virtue of the land between the lakes. He stated the responsibility of the traffic signal remains with Messrs. Morgan and Turner. Supervisor Grice responded to the request of Mr. Burckard to abstain from discussing or voting on this application. He stated growth is inevitable and whether it is managed or not depends upon this Board and the Planning Commission. He stated that he will not abstain from discussing this application, nor will he abstain from voting on it. Supervisor Rosie, responsive to Mr. Burckard's request to abstain from discussing and voting on this application, stated that he is more qualified having served on the Planning Commission than most of the Board on this issue. He stated his decision-making process involves listening to constituents from the entire County; staff recommendations; and, the appeal of the applicants. He stated he is considering several issues involved with the educational system; that there have been other proffers made beneficial to the County involving the water line and will there be improvements to Reynolds Drive. Responsive to a request for clarification from Supervisor McCarty, County Administrator Keaton confirmed that the Benns Grant project was done to specifically jump start the economy in this area which had taken a severe downturn. 10 County Administrator Keaton stated the Benns Grant project was a partnership arrangement in 2009 to help jumpstart the economy by the County agreeing to participate in the costs of some of the offsite construction, utilities, and the intersection. Supervisor McCarty stated this project is in a Development Service District and it is the School's responsibility to educate the children. He stated this Board is willing to step up when needed as evidenced by the creation of the school's CTE program. Supervisor Acree commented that the concern of the residents in that area is that the project has been altered and he will be unable to support the application. Responsive to Chairman Jefferson's comment that the Board will need to work closely with the school system in the future to ensure that the growth can be managed, Mr. Rudnicki confirmed that a number of approved rezoning projects exist which could have an impact on the schools although each of those projects must first go through a site plan process before anything can be built. Chairman Jefferson stated the proposed amenities will improve the quality of life of those who live in the Benn's Grant development. On motion of Supervisor Grice, the application was approved (4-1) with Supervisors McCarty, Grice, Rosie and Chairman Jefferson voting in favor and Supervisor Acree voting against the motion. COUNTY ADMINISTRATOR'S REPORT Amy Ring, Director of Planning & Zoning, provided a presentation on the upcoming Comprehensive Plan meetings entitled Envisioning the Isle Public Forum Series #2 - "Where and How Should We Grow?". County Administrator Keaton provided an update on the Refunding of Build America Bond - Series 2010 C which resulted in a savings of $473,000 to the County. County Administrator Keaton highlighted matters contained in the agenda for the Board's information. ADJOURNMENT At 10:30 p.m., the meeting was declared adjourned on motion of Supervisor Acree and all those present voting in favor (5-0). S � � Carey ills 5 rm, Clerk Rudol h Jefferson, Chairman