2-27-2020 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 TWENTY-SEVENTH DAY OF FEBRUARY IN THE YEAR
TWO THOUSAND AND TWENTY
PRESENT:
Joel C. Acree, Windsor District, Chairman
Richard L. Grice, Smithfield District, Vice Chairman
Rudolph Jefferson, Hardy District
William M. McCarty, Newport District
Don G. Rosie, II, Carrsville District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey Mills Storm, Clerk
CALL TO ORDER
Chairman Acree called the regular Board of Supervisors' meeting to order at 5:00
p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor McCarty moved that the Consent Agenda be adopted as presented.
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 §2.1-3711(A)(1) regarding a discussion regarding the
appointment of specific appointees to County boards, committee or authorities;
pursuant to §2.1-3711(A)(3) regarding a discussion regarding the leasing and/or
sale of publicly held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the Board; and,
pursuant to §2.1-3711(A)(8) regarding consultation with legal counsel employed
or retained by the Board regarding specific legal matters requiring the provision
of legal advice by such counsel, namely the invocation policy.
Upon motion of Supervisor McCarty 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 Jefferson and all voting in favor (5-0), the Board
reconvened into open meeting.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain
confidential, as provided under the Virginia Freedom of Information Act, and that
such matters as were discussed in closed meeting should not be acted upon or
discussed in public by any participant unless and until a public, formal action of the
Board of Supervisors is taken on that particular subject matter.
Upon motion of Supervisor McCarty and all voting in favor (5-0), the following
Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of
the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this
Board of Supervisors that such closed meeting was conducted in conformity with
Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Grice, Jefferson, McCarty. Rosie
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Pastor Willy Booth delivered the invocation and led the Pledge of Allegiance to the
American Flag of the United States of America.
CITIZENS' COMMENTS
Jennifer Moleewath of the Smithfield District expressed concern about the lack of
response she has received from the School Board regarding her concerns
expressed with School Superintendent Thornton who has been on several trips
and received a very nice raise. She stated testing scores in the schools have
dropped drastically over the last five years. She advised that there is a petition
being circulated to change the venue of the Smithfield High School graduation.
Brian Ross, Jr. of the Hardy District; Mark Wooster of Rescue in the Newport
District; Brian Slomienski; and, Jeff McFather of the Hardy District spoke regarding
HB421 and SB35 and requested the Board to adopt an ordinance stating that the
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power and authority given to localities will not be utilized and no gun free zone
created.
Ed Easter of Hideaway Lane in the Newport District stressed the importance of
ensuring that accurate information is disseminated to the public related to the
anticipated tax increase an average homeowner might expect to fund the
building/renovation of the Hardy and Westside elementary schools.
Lynn Faulkner of Days Point Road in the Smithfield District remarked that each of
the Board members were hand delivered a packet of information related to the
Eagle Harbor application which was shared with the developer and resulted in an
engineer being brought in to dispute that information. She stated the Board's by-
laws are flawed because citizens are not allowed to have dialogue with the Board
following a public hearing and input is received from the public on a matter. She
stated that the information provided to the Board was accurate and the
information provided by the contractor was inaccurate. She stated that she is
addressing the Board on this matter so that protests are formally on record and
citizens have some recourse.
Richard Gillerlain of the Newport District addressed the Board regarding its 2020
By-laws which do not address the Board's treatment of citizens and are not
posted on the County's website.
There being no one else signed up on the register to speak, Chairman Acree called
for comments by the Board.
Regarding HB421 and SB35, Supervisor McCarty ensured that staff is monitoring
proposed legislation at the State level and will further discuss the matter when
the bills are finalized by the State. Relative to school expenditures, he remarked
that this Board will take all measures to ensure that taxpayer dollars are spent in
the most equitable fashion.
Regarding school expenditures, Supervisor Jefferson advised that this Board does
not have authority over the School Board, but that he would relay Ms.
Moleewath's concern to the School Board for resolution. He agreed that this
Board needs to insure that citizens are accurately informed regarding what is
expected in the form of a tax increase with regarding to building/renovating
Hardy and Westside elementary schools. Responsive to HB421 and SB35, he
expressed his belief that there are places that guns should not be allowed.
Regarding school expenditures, Supervisor Rosie advised that the Board of
Supervisors has met jointly with the School Board regarding how to reduce the
cost of building/renovating Hardy and Westside elementary schools and the
Board will be holding the School Board accountable for keeping the cost down.
Regarding HB421 and SB35, he stated that the Board will continue to support our
rights under the second amendment, which includes free speech.
Regarding school expenditures, Supervisor Grice stated the Board is cost
conscious about land, building and furnishings. He stated that Westside
Elementary School is still undecided and a decision by the Board can be
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anticipated by the end of end of March 2020. With regard to HB421 & SB35, he
stated the Board adopted a constitutional resolution. He noted that there are
many laws being proposed and it will be some time before it is known how the
County will be affected. He stated that he does believe some places should be
gun free, such as. the Courthouse, and that he also believes a lot of the gun
legislation will end up in the courts.
Regarding HB421 & SB35, Chairman Acree encouraged the Board to keep
protecting its constitutional rights. Regarding school expenditures, he stated the
schools need to be addressed while keeping in mind the financial means of the
citizens.
CONSENT AGENDA
A. Resolution Recognizing Volunteer Firefighters and Volunteer EMS Agency
Personnel as Employees for Purposes of the Virginia Workers'
Compensation Act
B. Resolution to Request the Virginia Department of Transportation to Accept
John Henry Street, Lena Rose Street and Marvin Court within the Holland
Meadows Subdivision into the State Secondary Street System
C. Resolution to Accept and Appropriate Insurance Proceeds in the amount of
$5,795 from VaCorp Risk Management and GEICO for Repairs and
Replacement of Damaged Vehicle Equipment in the Sheriff's Office
D. Resolution to Donate a 2008 Ford Explorer to the Town of Windsor Police
Department
E. Employment Agreement - County Attorney
F. Memorandum of Understanding with the Sheriff for Administration of
Animal Control
G. Minutes
November 7, 2019 Work Session Minutes
November 21, 2019 Regular Meeting Minutes
December 12, 2019 Work Session Minutes
December 12, 2019 Regular Meeting Minutes
December 12, 2019 Special Meeting Minutes
January 2, 2020 Organizational Meeting Minutes
January 16, 2020 Minutes
Supervisor Jefferson moved that the Consent Agenda be adopted as presented.
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.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Rosie reported on matters discussed at the most recent meeting of the
Hampton Roads Military & Federal Facilities Alliance and the Fair Committee.
County Administrator Keaton reported that the Navy has included funds in its
budget to build a gas -powered steam generator on its site. He advised that
Wheelabrator has contracts to provide steam to the Navy through 2023 and to
handle the County's trash through 2027. He stated staff is in the process of
scheduling a meeting with the Navy with regard to its plans.
Vice Chairman Grice reported that he had been elected Treasurer of the Hampton
Roads Eastern Virginia Regional Industrial Facilities Authority at its most recent
meeting.
APPOINTMENTS
Supervisor Jefferson moved that Michelle Jones be reappointed to serve on the
Board of Building Appeals representing the Hardy 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 Jefferson moved that Herb DeGroft be reappointed to serve on the
Senior Services of Southeastern Virginia. 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 Hazel Edwards be reappointed to serve on 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 Grice moved that Dr. Richard Antcliff be appointed to serve on the
Paul D. Camp Community College Board filling the unexpired term of Dr. Lynette
Grant. 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 Peggy Lockwood be appointed to serve on the
Historical Architectural Review Committee representing the Carrsville District and
replacing Charles Powell. 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 Acree moved that George Rawls be recommended to the Circuit Court
Judge to serve on the Board of Zoning Appeals representing the Windsor District
and replacing Glyn Willis. 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.
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Chairman Acree moved that Glenie Jones be appointed to serve on the
Commission on Aging representing the Windsor District and replacing Mary Ellen
Hammond. 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 Acree moved that Roberta Varner be reappointed to serve on the
Planning Commission 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.
PUBLIC HEARINGS
A. Garbage, Weeds and Litter Ordinance Proposed Revisions to Chapter 8.
Garbage, Weeds and Litter of the Isle of Wight County Code
County Attorney Jones briefed the Board on proposed revisions involved with
newly adopted regulations on what construction debris could be accepted at the
County's refuse centers.
Chairman Acree opened the public hearing and called for persons to speak in
favor of or in opposition to the application.
No one appeared and spoke in favor of or in opposition to the proposed revisions.
Chairman Acree closed the public hearing.
Supervisor McCarty moved that the following proposed revisions to Chapter 8.
Garbage, Weeds and Litter, of the Isle of Wight County Code be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 8. GARBAGE, WEEDS AND LITTER
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
accurately reflect current practices, to correct inaccuracies, and to conform to
those provisions set forth in the Code of Virginia (1950, as amended); 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 8. Garbage, Weed and Litter of the Isle of Wight County
Code be amended and reenacted as follows:
CHAPTER 8. - GARBAGE, WEEDS AND LITTER.
Article I. - In General.
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Sec. 8-1. - Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
(a) Ashes ..... the residue resulting from the burning of wood, coal, coke or other
combustible material.
(b) Construction and Demolition Waste. .... solid waste resulting solely from
construction, remodeling, repair, or demolition operations on buildings, other
structures, but does not include inert debris, land -clearing debris, yard debris,
used asphalt, asphalt mixed with dirt, sand, gravel, rock, concrete, or similar
nonhazardous material.
(c) Contractor / Hired Individuals ..... a person or company that undertakes a
contract or agreement to provide materials or labor to perform a service or do
a job.
(d) Debris landfill ..... that site, or those sites, operated by and established by the
county and any other governing body for the disposal of solid wastes.
(e) Director ..... The director of public works or designee.
(f) Disposal ..... the storage, collection, disposal or handling of solid waste or
refuse.
(f) Garbage ..... any readily putrescible discarded materials composed of animal,
vegetable or other organic material, but excluding sewage and human waste.
(g) Hazardous wastes and materials ..... any solid waste or combination of solid
wastes defined by the state department of environmental quality and/or the
Southeastern Public Service Authority as hazardous in accordance with state
and/or federal laws and regulations.
(h) Litter ..... any manmade material that, if thrown, discarded, or disposed of, as
prohibited in this chapter, may create a danger to public health, safety, or
welfare or degrades the environment of the county. Litter shall include, but is
not limited to, any garbage, trash, refuse, rubbish, newspaper, magazine,
glass, metal, plastic or paper container, construction waste or any discarded
object likely to injure any person, create a traffic hazard, or degrade the
environment.
(i) Refuse .....all solid waste products having the character of solid rather than
liquids and which are composed wholly or partially of materials such as
garbage, trash, rubbish, litter, or other discarded materials.
(j) Refuse and Recycling Center..... a solid waste disposal facility operated for use
of county residents only, with the exception noted in this chapter, at which
refuse, garbage, other solid waste or recyclables are collected, transported or
disposed.
(k) Rubbish ..... combustible or slowly putrescible discarded materials which
include but are not limited to trees, wood, leaves, trimmings from shrubs and
trees, printed matter, plastic and paper products, grass, rags and other
combustible or slowly putrescible materials not included under the term
"garbage."
(m) Scavenging..... the removal of material from a solid waste disposal facility
without permission.
(1) Solid waste ..... means any garbage, refuse, rubbish, or other discarded
material, but does not include solid or dissolved materials in domestic sewage,
solid or dissolved materials in irrigation return flows, industrial discharges, or
special nuclear or by-product materials.
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(m) Solid waste disposal facility ..... a site operated by the county for functions
related to solid waste disposal, including landfills, transfer stations and refuse
and recycling centers.
(n) Transfer station ..... any solid waste storage or collection facility at which solid
waste is transferred from collection vehicles to haulage vehicles for
transportation to a central solid waste management facility for disposal,
incineration or resource recovery.
(o) Trash ..... combustible and noncombustible discarded materials and is used
interchangeably with the term rubbish.
(p) Yard Waste ..... residential yard waste such as grass clippings, leaves, limbs,
branches and brush. (8-21-06; 2-27-20.)
Article V. - Collections.
Sec. 8-14. - Restrictions on disposal of solid waste and use of facilities.
(a) Waste from outside county. It shall be unlawful for any person to dispose of
solid waste, including recyclables, generated or collected outside the county, at
any solid waste disposal facility.
(b) Improper disposal.
(1) It shall be unlawful for any person to use or access solid waste disposal
facilities in a manner or for a purpose not in accordance with federal and state
laws and regulations, this article, and regulations approved by the board pursuant
to this article.
(2) It shall be unlawful to dispose of solid waste other than at a properly
permitted private or public solid waste facility or such facilities designated by the
director of public works or his designee.
(3) Subsection (b) shall not apply to:
(i) Solid waste generated, purchased or utilized by an entity engaged in the
business of manufacturing, mining, processing, refining or conversion except for
an entity engaged in the production of energy or solid waste -derived fuels for sale
to a person other than any entity controlling, controlled by or under the same
control as the manufacturer, miner, processor, refiner or converter.
(ii) Recyclable materials, which are those materials that have been source -
separated by any person or materials separated from solid waste by any person
for utilization in both cases as a raw material to be manufactured into a product
other than fuel or energy.
(iii) Construction debris to be disposed of in a landfill.
(iv) Waste oil.
(4) Subsection (b) shall not prevent or prohibit disposal of solid waste at any
facility which was issued a solid waste management facility permit by an agency
of the Commonwealth on or before July 1, 1991, or for which a Part A permit
application for a new solid waste management facility permit, including local
governing body certification, was submitted to the Virginia Department of
Environmental Quality in accordance with section 10.1-1408.113 of the Virginia
Code on or before December 31, 1991.
(c) It shall be unlawful for persons other than county residents providing
documentation of residence status, to use the Refuse and Recycling Centers.
Documentation required by the regulations adopted pursuant to this chapter shall
be provided upon request.
(d) Dumping before weight taken. It shall be unlawful for any person, firm or
corporation, public or private, to dispose of solid waste at the transfer
station/landfill before weighing the vehicle containing such solid waste, unless the
waste is subject to per -item charges.
(e) Inappropriate waste.
(1) It shall be unlawful to dispose of any material injurious to solid waste
containers or compactors, prohibited by state, federal or local laws or regulations,
or inappropriate for disposal at a particular site.
(2) Waste generated or collected as a result of commercial, industrial,
institutional or manufacturing activities, including but not limited to construction,
demolition, shall be disposed of only at the transfer station/landfill. Such waste
shall not be accepted at other solid waste disposal facilities.
(3) Construction and/or demolition waste resulting from home remodeling or new
construction by contractors or hired individuals is prohibited at the Refuse and
Recycling Center.
(f) Firearms. It shall be unlawful for any person to discharge, cause to be
discharged or threaten to discharge any firearm at any solid waste disposal
facility.
(g) Scavenging. It shall be unlawful to engage in scavenging at a solid waste
disposal facility. No person, unless authorized by Solid Waste Manager, may
remove any item from a solid waste container, climb on or into a container, or
damage any container located at the Refuse and Recycling Centers.
(h) Access to the facilities will be restricted to regular operating hours at the
gated entrance. Unauthorized entry constitutes a trespass.
(i) Dumping materials outside the facilities or outside of operating hours is
prohibited.
(j) All Solid Waste shall be properly disposed of inside designated containers. No
solid waste shall be
disposed of outside these containers unless directed by the site attendant. (8-21-
06; 2-27-20.)
Sec. 8-15. - Penalties.
A violation of this article shall constitute a misdemeanor punishable by a fine of
not less than two hundred fifty dollars or more than two thousand five hundred
dollars and confinement in jail for not more than twelve months, either or both.
In lieu of the imposition of confinement in jail, the court may order the defendant
to perform a mandatory minimum of ten hours of community service in litter
abatement activities. (8-21-06; 11-15-07; 2-27-20.)
(STATE LAW REFERENCE—Code of Virginia, Sec. 33.2-802.) Sec. 8-21. - Revocation.
In the event that the holder of any permit hereunder shall fail to comply with,
abide by, or conform to this Article or any requirements of the county health
department, and upon complaint of the county health department, any permit
issued hereunder may be revoked by the board of supervisors, its agent or duly
appointed commission, without notice to the holder of such permit and shall have
the power to seek and obtain injunctive relief from a court of competent
jurisdiction to prevent violations of this section, without a showing of irreparable
harm. However, in the event that the board of supervisors grants an exclusive
franchise to any person for the collection and disposal of refuse, the provisions of
this section shall not apply while such franchise is in effect.
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Operating a private solid waste collection business without a permit as required
herein shall be a misdemeanor, punishable by a fine of five hundred dollars, with
each day in violation constituting a separate offense. (8-21-06: 2-27-20.)
Article VIII. - Regulations.
Sec. 8-29. - Generally
The board of supervisors shall promulgate regulations governing administration of
this chapter. The director shall interpret and administer the provisions of those
regulations and this article and shall supervise all other administrative matters
related to the use and operation of solid waste disposal facilities. The director
may post signs at solid waste disposal• facilities stating that violators of provisions
of this article shall be prosecuted. (9-20-07; 2-27-20.)
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. HRSD Waterline Crossing Co -Location of an HRSD Force Main in the
County's Utility Easement
County Attorney Jones presented a request from the Hampton Roads Sanitation
District to co -locate in the County's utility easement. He advised that it would not
impact the County's water line or any future use of the County's easement.
Chairman Acree opened the public hearing and called for those to speak in favor
of or in opposition to the proposed easement.
No one appeared and spoke in favor or in opposition to the proposed co -location.
Chairman Acree closed the public hearing.
County Administrator Keaton explained that the benefits to the County are that
the Town of Smithfield has incurred problems with high pressures in their sewer
system and HRSD is building the pressure reducing system at its cost which will, in
turn, help the County in other areas and secondly, HRSD is building a sewer line
from Surry down Route- 10 which will pass in front of Hardy Elementary School
and save the County $1.5 million.
Jamie Oliver, Transportation Planner, responded to Vice -Chairman Grice about
adjustment of the roadway and why access to a nearby field has been blocked.
Supervisor McCarty moved that HRSD's request be approved by assigning HRSD
an interest in the existing County easement. 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. No Through Trucks on Reynolds Drive Resolution to Request Establishment
of No Through Trucks Along the Entire Length of Reynolds Drive
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County Attorney Jones advised that the Board was previously requested to seek
VDOT's approval to close Reynolds Drive to through trucks.
Chairman Acree opened the public hearing and called for those to speak in favor
of or in opposition to the proposed request.
Ed Easter of Hideaway Lane in the Newport District recommended that the Board
adopt a resolution restricting through trucks:
Chairman Acree closed the public hearing and called for comments from the
Board.
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY,
VIRGINIA REQUESTING ESTABLISHMENT OF NO THROUGH TRUCKS ON REYNOLDS
DRIVE (RT. 665)
WHEREAS, Isle of Wight County has been requested by citizens to evaluate the
possibility of restricting through trucks on the entire length of Reynolds Drive (Rt.
665); and,
WHEREAS, through truck traffic causes significant damage to the road adversely
affecting the safety and welfare of citizens using the road; and,
WHEREAS, the Board of Supervisors deems it appropriate to prohibit through
truck traffic on Reynolds Drive to promote the health, safety and welfare of the
citizens of the Commonwealth.
NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight
County, Virginia, respectfully requests that the entire length of Reynolds Drive (Rt.
665), which runs between Smith Neck Road (Rt. 669) and Brewers Neck Boulevard
(Rt. 258/32), be designated as No Through Trucks by the Commissioner of the
Virginia Department of Transportation.
BE IT FURTHER RESOLVED that the Board of Supervisors believes that a
reasonable alternative route with the same termini is available for truck traffic
utilizing Smith Neck Road (Rt. 669), Carrollton Boulevard (Rt. 17) and Brewers
Neck Boulevard (Rt. 258/32).
BE IT FURTHER RESOLVED that the Board of Supervisors agrees to use its good
offices for enforcement of the proposed restriction by the appropriate local law
enforcement agency.
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.
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COUNTY ADMINISTRATOR'S REPORT
Judy Winslow, Director of Tourism, provided a presentation relative to the Annual
Report for the Smithfield/Isle of Wight Convention and Visitors Bureau for 2019.
Following a break, County Administrator Keaton noted the following employees
were recipients of "Caught You Caring Awards" for the Second Quarter of FY2019-
20: Virginia Branch; Glenie Jones; Kathy Scarberry; Lauren Stacey; Amanda
Landrus; Jessica Moore; Christy Phillips; Amber Johnson; Jeff Elmore; Molly
Harrison, Mary Beth Johnson; William Winstead; Theresa Beale; Bobbi Donnelly;
Connie Chapman; Debra Frank; Gina Ippolito; Georgine Koenig; and, Lois Tokarz.
County Administrator Keaton apprised the Board that the County has received a
Distinguished Budget Award from the Government Finance Officers of America
for the fifth consecutive year for fiscal year beginning July 1, 2019.
Jason Gray, Director of Information Technology, provided a presentation on the
features of the County's new website.
Assistant County Administrator Robertson provided an update on legislation
important to the County at the 2020 General Assembly session related to Equal
Taxing Authority; Orphan Drainage Outfalls; Jail Per Diem Payments; Workers'
Compensation; Locality Vehicle License Fees; Communications Sales and Use Tax;
State -Level Preclearance; and, Hampton Roads Unmanned Systems Park.
Matters for the Board's information were highlighted by County Administrator
Keaton.
Assistant County Administrator Robertson advised that Senior Services staff will
be present at the Board's March 5, 2020 work session, as well as representatives
of the Census Bureau who will address the impact to the County and other
matters of interest. The presentation will be videotaped.
UNFINISHED/OLD BUSINESS
County Attorney Jones presented a Resolution to Approve the Conveyance of
Property Related to Portions of the Newly Constructed Benn's Grant Boulevard
Roadway to the Virginia Department of Transportation which he recommended
the Board adopt.
Supervisor Rosie moved that the following Resolution be adopted:
RESOLUTION TO APPROVE CONVEYANCE OF PROPERTY RELATED TO THE NEWLY
CONSTRUCTED BENN'S GRANT BOULEVARD TO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION
WHEREAS, a portion of Benn's Grant Boulevard was constructed as part of the
Benns Church Intersection Improvement project (UPC 98244) completed in 2017;
and,
WHEREAS, the County has obtained the required public rights-of-way and public
easements for the roadway area; and,
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WHEREAS, the County has completed the title search required to provide a clear
and unrestricted right-of-way; and,
WHEREAS, the roadway construction has been completed and has been inspected
and approved for acceptance by the Virginia Department of Transportation
Hampton Roads District Construction Division and Franklin Area Residency.
NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Isle of Wight
County approves the conveyance of the attached rights-of-way and easements for
Benn's Grant Boulevard to the Virginia Department of Transportation.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to
the Virginia Department of Transportation along with the Deed of Conveyance,
as -built construction plans, and title research report.
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.
NEW BUSINESS
Application of James Schaubach, Applicant, and SC Carrollton LLC, Owner, for an
Exception to Section 62009.0.3 of the Newport Development Service Overlay
(NDSO) Regulations to Allow for Delivery Area Doors, Open Bays or Truck Parking
Visible from the Abutting Street.
Trenton Blowe, Planner, provided an overview of the application.
Supervisor McCarty moved that the application be approved, subject to the
conditions as recommended by staff. 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.
Ms. Oliver presented a Resolution of Support for Projects to be Submitted for
Smartscale Evaluation and Funding through the Virginia Department of
Transportation for the Board's consideration.
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION OF SUPPORT FOR PROJECTS TO BE SUBMITTED FOR SMARTSCALE
EVALUATION AND FUNDING THROUGH THE VIRGINIA DEPARTMENT OF
TRANSPORTATION
WHEREAS, the SMART SCALE program directs the Commonwealth Transportation
Board (CTB) to develop and implement a statewide process to identify, score and
select projects for Round 4 funding by July 1, 2021; and,
WHEREAS, the SMART SCALE prioritization process requires that all project
submissions by Local Governments must be consistent with the regionally
adopted fiscally constrained Long -Range Transportation Plan (LRTP); and,
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WHEREAS, the SMART SCALE prioritization process requires that all project
submissions must be consistent with the needs identified in the Statewide
transportation plan, VTRANS 2040; and,
WHEREAS, the SMART SCALE prioritization process requires that all project
submissions must be consistent with the goals and priorities of the local
community as identified in local long-range community plans, local ordinances
and/or by local public input processes.
NOW THEREFORE BE IT RESOLVED that the Isle of Wight County Board of
Supervisors hereby supports the application, evaluation, and funding of the
following projects under the SMART SCALE Prioritization Process:
• US Route 17 (Carrollton Boulevard) Right -Turn Lane
Extension/Modification at State Route 669 (Smiths Neck Road)
• Main Street (US Route 258) at Route *10 Bypass Intersection
Improvements
• State Route 10 (Benns Church Boulevard) at State Route 644 (Turner
Drive) Turn Lane Improvements
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
and/or his designee, is authorized to execute all required project applications,
agreements, and/or addendums, and make all accounting adjustments, revisions,
and amendments 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.
ADJOURNMENT
At 9:00 p.m., Chairman Acree declared the meeting adjourned.
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Joel C. Acree, Ch an