04-18-2019 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD AT THE WINDSOR TOWN CENTER LOCATED AT 23361 COURTHOUSE
HIGHWAY IN WINDSOR, VIRGINIA ON THURSDAY, THE EIGHTEENTH DAY OF APRIL
IN THE YEAR TWO THOUSAND AND NINETEEN
PRESENT:
William M. McCarty, Newport District, Chairman
Joel C. Acree, Windsor District, Vice -Chairman
Don G. Rosie, II, Carrsville District
Richard L. Grice, Smithfield District
Rudolph Jefferson, Hardy District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman McCarty called the regular Board of Supervisors' meeting to order at
5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor Grice moved that the agenda be amended by moving the item under
Old Business pertaining to the terms and conditions for transfer of property to the
Commonwealth of Virginia for the proposed Department of Juvenile Justice
facility to follow the invocation and that an item be added under New Business
concerning the creation of a task force to address the identification of educational
programs for adults with special needs. The motion was adopted by a vote of (5-
0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that the agenda be approved as amended. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones: 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, committee or authorities; pursuant to Section 2.2-3711(A)(1)
regarding the performance of a specific County employee; pursuant to Section
2.2-3711(A)(7) regarding consultation with legal counsel regarding actual
litigation obtaining an easement for County -owned property on Great Springs
Road, where such consultation would adversely affect the negotiation or litigation
posture of this public body; and, pursuant to Section 2.2-3711(A)(7) regarding
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consultation with legal counsel pertaining to probable litigation, where such
consultation or briefing in open meeting would adversely affect the litigating
posture of the public body.
Upon motion of Supervisor Jefferson and all voting in favor (5-0), the Board
entered the closed meeting for the reasons stated by County Attorney Jones.
Upon motion of Supervisor Acree 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 Jefferson, 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
Rex Alphin delivered the invocation and led the Pledge of Allegiance to the
American Flag of the United States of America.
County Administrator Keaton provided an overview of the following updated
terms and conditions for the transfer of property to the Commonwealth of
Virginia for the proposed Department of Juvenile Justice facility: Number of beds
limited to 60; use of the property restricted to juvenile facilities only (no adults); if
the property is converted to other State use, the State would reimburse the
County for the property; population of facility in phases; audible alert system;
County shall demolish existing structure and State will demolish remaining
structure; State will close both existing on -site septic systems; State will close
both existing water supply wells on the property; what happens to the property if
the facility "goes dark"7; reverter clause if the project is not built; right of first
refusal for the County; vegetative buffer along the road and field side of the
property; Citizen Advisory Committee; aesthetics of the fence; height of fencing;
modify Reverse 911 system to include adjoining localities; notification to three
major televisions in the event of an escape; time line — start construction spring of
2020 and complete in the fall of 2021; County shall give the property to DJJ;
backup generator for entire facility; details about the utility cost sharing
arrangement; and, the County shall restrict development on property adjacent to
the Center to those uses currently permitted in the light industrial zoning district,
with reasonable exceptions. He further reviewed the incentives and initial cost
per job of those development projects located in the Shirley T. Holland Industrial
Park followed by County contributions versus State contributions.
Valerie Boykin, Executive Director, Virginia Department of Juvenile Justice,
remarked that the Virginia Department of Juvenile Justice feels it has addressed
the concerns of the Board.
Joe Damico, Director, Virginia Department of General Services, addressed the
Board and advised that the Department of General Services is reducing the
County's contribution for utilities by $200,000 to compensate for the value of the
land in addition to reducing the County's contribution for utilities by $250,000 in
order to encourage further growth in the intermodal park making the County's
net contribution to be reduced to $50,000.
Following questions raised by the Board which included lowering the age limit of
incarcerated individuals and building timeline, Supervisor Rosie remarked that as
elected officials, the Board has an obligation to represent the citizens and he
asked that the Board vote with its citizens and not approve the terms of the
contract with the Department of Juvenile Justice.
Supervisor Acree expressed a concern that County funds are paying for the land
upon which a State facility will be built.
Supervisor Jefferson remarked that offenders deserve a place where they will
have the opportunity to transform themselves.
Supervisor Grice moved that the terms of the contract be accepted for the
Department of Juvenile Justice facility as presented by County Administrator
Keaton. The motion was defeated by a vote of (2-3) with Supervisors Grice and
Jefferson voting in favor of the motion and Supervisors Acree and Rosie and
Chairman McCarty voting against the motion.
Chairman McCarty moved to rescind support for the Department of Juvenile
Justice project. The motion was adopted by a vote of (3-2) with Supervisors Acree
and Rosie and Chairman McCarty voting in favor of the motion and Supervisors
Grice and Jefferson voting against the motion.
CITIZENS' COMMENTS
Darrell Mayo of Windsor spoke in favor of the Department of Juvenile Justice
facility being located in Windsor.
Glen Little thanked the Board for not approving the proposed juvenile justice
facility.
Ronnie Neal requested that the Board be prudent with tax dollars.
Al Watson commented that the location type and quality should be managed to
ensure economic development occurs.
Pete Chapman of Zuni commented that the Board has earned his respect.
Rachel Meulenberg expressed concern with traffic related congestion and the
anticipated small amount of jobs.
Albert Burckard recommended the Board consider the districts in the northern
County for a proposed juvenile facility.
Adrianne Jackson spoke in favor of bringing an anger/learning disability/mental
illness facility into the County.
Chris Wingard expressed his appreciation to the Board for denying the facility.
George Bush requested that the Board ensure a facility is desired in another part
of the County before discussing same with the State.
Brian Powell thanked the Board for denying the facility.
Reverend Lylton Marks spoke in favor of building a new Hardy Elementary School.
Jessica Spencer spoke in support of funding for a science teaching position at
Windsor Elementary School.
Christy DeJarnet spoke in support of the School budget.
Melissa Powell spoke in favor of renovating Hardy Elementary School.
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Michael Uzzell spoke in favor of building a new Hardy Elementary School.
Ruth Murray spoke in favor of renovating or building a new Hardy Elementary
School.
Herb DeGroft spoke in favor of SROs in every school and he encouraged the Board
to be mindful when funding the School budget.
Shelley Perry spoke in favor of funding to repair the existing Hardy Elementary
School.
Julia Monteval spoke about safety of the County's children being a priority.
The Board took a break. Upon their return, Chairman McCarty called for
consideration of the following Consent Agenda:
A. 2018 Planning Commission Annual Report
B. Resolution to Designate the Month of May 2019 as Building Safety Month
C. Resolution to Designate the Month of May 2019 as Business Appreciation
Month
D. Resolution to Request VDOT Include Certain New Streets of the Benns
Grant Subdivision, Phase I and ll, in the Secondary System of State
Highways (Oak Hill Lane, State Route 1061, 0.23 miles; Boxwood Lane, State
Route Number 1064, 0.06 miles; Williamson Park Lane, State Route
Number 1065, 0.13 miles; Benns Grant Boulevard, State Route Number
685, 0.33 miles; Oak Hill Lane, State Route Number 1061, 0.05 miles; Spring
Hill Place, State Route Number 1060, 0.08 miles; Spring Hill Place, State
Route Number 1060, 0.07 miles; Spring Meadow Lane, State Route Number
1062, 0.06 miles; Boxwood Lane, State Route Number 1064, 0.05 miles;
Spring Hill Place, State Route Number 1060, 0.04 miles; Oak Hill Lane, State
Route Number 1061, 0.09 miles)
E. Professional Services Agreement for the Children's Services Act
F. Resolution to Accept and Appropriate a Contribution of $25,349 from the
Carrsville Volunteer Fire Department to Purchase a New Brush Truck
G. Resolution to Accept and Appropriate HOME Program Grant Funds
($66,096) from the Western Tidewater HOME Consortium to the FY2018-19
budget of the County of Isle of Wight
H. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk
Management for Repairs to Public Utilities and Sheriff's Department
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Vehicles ($7,391) to the FY2018-19 Public Utilities and General Fund
Budgets
Resolution to Appropriate Additional Funding from Commonwealth of
Virginia to the Maintenance and Operations category in the Isle of Wight
County Schools ($93,717) FY2019 Operating Budget
J. Minutes
February 7, 2019 Work Session Minutes
February 21, 2019 Regular Meeting Minutes
Supervisor Rosie moved that the Consent Agenda be approved as presented. The
motion was adopted by a vote of (4-0) with Supervisors Rosie, Grice, Jefferson
and McCarty voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Acree absent for the vote.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
No reports were offered.
APPOINTMENTS
Supervisor Jefferson moved that Atto Williams be recommended to the Circuit
Court Judge to serve on the Board of Equalization representing the Hardy District.
The motion was adopted by a vote of (4-0) with Supervisors Rosie, Grice,
Jefferson and McCarty voting in favor of the motion; no Supervisors voting against
the motion; and, Supervisor Acree absent for the vote.
Supervisor Jefferson moved that Hazel Edwards be reappointed to the
Southeastern Tidewater Opportunity Project. The motion was adopted by a vote
of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that Jeff Terwilliger be reappointed to the Tidewater
Emergency Medical Services Council. The motion was adopted by a vote of (5-0)
with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Grice moved that Dave Holland be recommended to the Circuit Court
Judge to serve on the Board of Equalization representing the Smithfield District.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Acree moved that Dale Scott be recommended to the Circuit Court
Judge to serve on the Board of Equalization representing the Windsor District.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
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Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Acree moved that Wilson Holland be reappointed to the Wetlands
Board representing the Windsor District. The motion was adopted by a vote of (5-
0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Rosie moved that James M. Carroll, Jr. be recommended to the Circuit
Court Judge to serve on the Board of Equalization representing the Carrsville
District. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie,
Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Chairman McCarty moved that Thomas Finderson be recommended to the Circuit
Court Judge to serve on the Board of Equalization representing the Newport
District. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie,
Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Chairman McCarty moved that Russell Parrish be reappointed to serve on the
Historical Architectural Review Committee representing the Newport District. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
COUNTY ATTORNEY'S REPORT
County Attorney Jones advised that in regards to the Board's previous inquiry as
to whether it is possible to place large projects on a referendum in order to obtain
input from the public, §24-2-684 of the Code of Virginia stipulates that no
referendum shall be placed on the ballot unless specifically authorized by statute.
PUBLIC HEARINGS
A. Application of W. C. Sawyer and Archer L. Jones, II, Applicant and Owners,
for Amendment to the Conditional Zoning of 24.3 Acres of Land and
Rezoning of 0.888 Acres of Land Located at 14491 Carrollton Boulevard,
referred to as Archer's Meade.
Amy Ring, Director of Planning & Zoning, provided an overview of the application.
Chairman McCarty opened the public hearing and called for comments from
those in favor of or in opposition to the proposed application.
Beverly H. Walkup, representing the applicants, stated that since the Board
adopted the Comprehensive Plan amendment and the rezoning in 2014, the
owners have been working with the Army Corps of Engineers and the Department
of Environmental Quality on their wetlands permit and the actual number of lots
that can be accomplished was reduced from seventy to sixty. She advised that
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staff has advised that it is necessary to adjust the land uses and in doing so, will
allow the owners to salvage three of the ten lots which will bring the new total to
63 lots.
Albert Burckard of the Newport District spoke in favor of the application.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Chairman McCarty moved that the application be approved as submitted. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
B. Application of W. C. Sawyer and Archer L. Jones, II, Applicant and Owners,
for a Comprehensive Plan Amendment to Change the Future
Recommended Land Use on 0.888 Acres of Land from Business and
Employment to Suburban Residential.
Ms. Ring provided an overview of the application.
Beverly H. Walkup, representing the applicants, spoke in favor of the application.
She advised that this is the corresponding zoning amendment that will allow the
owners to rezone a portion of land zoned commercial under the 2014 zoning
amendment to residential and it will allow them to salvage three of the lots that
were lost through the wetlands permit process. She further advised that the
applicants are requesting to amend their cash proffer from $8,525 to $5,000 due
to the significant impact due to the loss of lots making the project financially
impractical to build as currently approved.
Chairman McCarty opened the public hearing and called for those to speak in
favor of or in opposition to the proposed application.
Albert Burckard of the Newport District spoke in favor of the application.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Chairman McCarty moved that the application be approved as submitted. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
C. An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Chapter 5. Elections, Article III. Precincts, Section
5-11. Enumerated (Relocation of the Windsor Polling Place from Windsor
Volunteer Fire Station to the Windsor Town Center).
County Attorney Jones provided an overview of the amendment.
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Chairman McCarty opened the public hearing and called for those to speak in
favor of or in opposition to the proposed amendment.
Julia Paul expressed a concern with heavy traffic between 2:00 p.m. and 3:00 p.m.
She requested that a safety study be conducted prior to adoption of the
amendment.
Michael Stallings, Windsor Town Manager, advised that the Windsor Town
Council had conducted its public hearing at its last meeting and voted to approve
the relocation of the Windsor polling place from the Windsor Volunteer Fire
Station to the Windsor Town Center. The Council felt that the traffic concern
could be addressed because it is the heaviest before and after work.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Grice recommended that the Sheriff's Department and Windsor Police
Department provide safety and security oversight on election days.
Supervisor Acree moved that the following Ordinance be adopted as amended
that the Sheriff's Department and Windsor Police Department share responsibility
providing safety and security oversight at this facility on election days:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING CHAPTER 5. ELECTIONS. ARTICLE III. PRECINCTS.
SECTION 5-11. ENUMERATED
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it
necessary
to revise its local ordinance related to elections in order to revise certain
provisions of the election ordinance relating to the designation of a voting place
for the Windsor Precinct of the Windsor Election District;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 5. Elections. Article Ill. Precincts. Section 5-11 be
amended and reenacted
as follows:
Sec. 5-11. - Enumerated.
1. The precincts for each election district and the polling place for each precinct
shall be as set forth below:
(a) Carrsville election district.
(1) Camps Mill precinct:
Polling place—Otelia J. Rainey Center.
(2) Carrsville precinct:
Polling place—Carrsville Community Center.
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(3) Walters precinct:
Polling place —Walters Ruritan Building.
(4) Zuni precinct:
Polling place —Zuni Ruritan Building.
(5) Raynor precinct:
Polling place —Mt. Sinai Baptist Church
14165 Racetrack Road, Ivor, Virginia.
(b) Windsor election district.
(1) Windsor precinct:
Polling place —Windsor Town Center Windsor Volunteer Fire
Department.
(2) Longview precinct:
Polling place —Carrollton Ruritan Building.
(3) Courthouse precinct:
Polling place —Isle of Wight Ruritan Building.
(c) Hardy election district.
(1) Pons precinct:
Polling place —Emanuel Baptist Church.
(2) Rushmere precinct:
Polling place —First Gravel Hill Baptist Church.
(d) Smithfield election district.
(1) Smithfield precinct:
Polling place —Smithfield Center.
(2) Cypress Creek precinct:
Polling place —Church of the Good Sheperd.
(e) Newport election district.
(1) Carrollton precinct:
Polling place —Carrollton Nike Park.
(2) Bartlett precinct:
Polling place —Carrollton Baptist Church.
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The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
COUNTY ADMINISTRATOR'S REPORT
The following were identified by County Administrator Keaton as recipients of
Caught You Caring Awards for the Third Quarter of FY2018-19: Teresa Morgan;
Mary Beth Johnson; Linda Tuck; Carlos Batten; Lee Marshall; Kim Gradine; Cheryl
Ketcham; Paula Bergeron; Andrea Delgado; Cheryl McClanahan; and, Julie Slye.
County Administrator Keaton highlighted information contained in the agenda for
the Board's information.
Chairman McCarty requested a detail of each bond to include what can be used in
each category.
NEW BUSINESS
County Administrator Keaton presented a Hampton Roads Economic
Development Authority Memorandum of Understanding for the Board's
consideration. The County has joined with other localities and private sector
entities in Hampton Roads to stimulate growth of businesses, high paying jobs,
the tax base, the regional economy and economic opportunity for the citizens,
businesses, and communities in the Hampton Roads region. An agreement
outlining the expectations and responsibilities of public and private sector
partners has been developed for the sustainability of the Hampton Roads
Economic Development Alliance. Under the provisions of the agreement, the
County's funding commitment for FY2019-20 would be $36,552.
Supervisor Grice moved to authorize the execution of the Master Agreement for
Regional Economic Development for Hampton Roads Economic Development
Authority (HREDA). The motion was adopted by a vote of (5-0) with Supervisors
Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Keaton presented a Resolution to Increase the FY2018-19
Children's Services Act Budget ($94,000). The County currently provides services
to at -risk children and their families in accordance with the Children's Services Act
(CSA), a program whose scope and benefits are mandated by the Commonwealth
of Virginia. Currently there is an approximate deficit of $94,000 due to the
number of children/families receiving services and the intensity of services
needed to achieve optimal outcomes.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO INCREASE THE CHILDREN'S
SERVICES ACT BUDGET
WHEREAS, the County provides services to at -risk services to children and families
in accordance with the Children's Services Act (CSA), a program whose scope and
benefits are mandated by the Commonwealth of Virginia; and,
WHEREAS, the CSA program guidelines require the County to make up any deficit
between the actual cost of services and its budgeted contribution for services.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the amount of ninety-four thousand
($94,000) from the General Fund Contingency be appropriated to the FY 2019
Children's Services Act Budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is
authorized by the Board of Supervisors to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Acree moved that staff be directed to create an outline for a task force
for adults with special needs consisting of people from the community as active
participants and oversight be provided by two of the Board members. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Jefferson notified the Board that the Rushmere Volunteer Fire
Department recently ordered fire truck came in at $34,000 over what was allotted
by the County.
County Administrator Keaton requested Supervisor Jefferson to send information
to staff for incorporation in the budget.
ADJOURNMENT
At 10:00 p.m., Chairman McCarty declared the meeting adjourned.
lia Mm McCarty, Chairman
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