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07-21-2022 Regular Meeting REGULAR 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-FIRST DAY OF JULY IN THE YEAR TWO THOUSAND AND TWENTY-TWO BOARD MEMBERS PRESENT: Rudolph Jefferson, District 3, Chairman William M. McCarty, District 2, Vice-Chairman Richard L. Grice, District 1 Don G. Rosie, II, District 5 Joel C. Acree, District 4 STAFF MEMBERS PRESENT: Donald T. Robertson, Assistant County Administrator Robert W. Jones, Jr., County Attorney Carey Mills Storm, Clerk CALL TO ORDER Chairman Jefferson called the regular meeting to order at 5:00 p.m. APPROVAL OF THE AGENDA Supervisor McCarty moved that the agenda be adopted as amended with Items (C) and (D) under the Consent Agenda and the Fair Committee report under the County Administrator's report being moved following the County Attorney's report. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. CLOSED MEETING Pursuant to Section 2.2-3711(A) of the Code of Virginia, Supervisor McCarty moved to enter the closed meeting for the limited purpose of: (1) A discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, pursuant to subsection 1. (2) Consultation with legal counsel regarding actual or probable litigation regarding Chesapeake Bay Preservation Area, the park-to-park trail, Drainage Outfalls, Elections and Recalls, and M&T tax where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7. (3) Consultation with legal counsel employed by the Board regarding specific legal matters, namely the Board's authority over County personnel and 1 policy, requiring the provision of legal advice by such counsel, pursuant to subsection 8. The motion was unanimously adopted (5-0). Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty and all voting in favor (5-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies 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 2 INVOCATION Robert Switzwalter of Regent University delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Herb DeGroft of Mill Swamp Road (Carrsville District) expressed concerns with the School Board's transition appropriation to the former School Superintendent. CONSENT AGENDA Supervisor McCarty moved that the following Consent Agenda be adopted as amended under the Approval of the Agenda with Items (C) and (D) under the Consent Agenda and the Fair Committee report under the County Administrator's report being moved following the County Attorney's report: RESOLUTION TO AMEND THE FY 2022-23 GRANT FUND BUDGET AND APPROPRIATE FUNDING RECEIVED AS AN ANIMAL CONTROL DONATION WHEREAS, Isle of Wight County Animal Control is the beneficiary of a recent donation in the amount of $17,756; and, WHEREAS, the Board of Supervisors desires to amend to the FY 2022-23 Grant Fund Budget in the amount of $17,756 for the Isle of Wight County Animal Control; and, WHEREAS, the Board of Supervisors needs to appropriate $17,756 to the FY2022-23 Grant Fund Budget of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2022-23 budget is hereby amended and funds appropriated in the amount of $17,756. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. RESOLUTION TO AMEND THE FY 2022-23 OPERATING BUDGET & APPROPRIATE FUNDING FOR REPAIR OF COUNTY PROPERTY FROM INSURANCE PROCEEDS WHEREAS, the County has received insurance proceeds from The Hartford Insurance for damaged County vehicles; and, 3 WHEREAS, the Board of Supervisors desires to amend the FY 2022-2023 Public Utility Fund budget in the amount of $1,769 for repair of damaged County vehicles; and, WHEREAS, the Board of Supervisors needs to appropriate insurance proceeds in the amount of $1,769 to the Public Utility Fund for repair of damaged County vehicles. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2022-23 budget is hereby amended and the funds appropriated in the amount of$1,769. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and ' to do all things necessary to give this resolution effect. // RESOLUTION TO AMEND THE FY 2022-2023 OPERATING BUDGET AND APPROPRIATE FUNDS FOR IMPROVEMENTS TO WRENN'S MILL REFUSE AND RECYCLING CENTER WHEREAS, the Board of Supervisors has approved improvements to the Wrenn's Mill Refuse and Recycling Center to be funded from Stormwater Management Funds; and, WHEREAS, the Board of Supervisors needs to budget and appropriate $862,701 from Stormwater Management Funds to the Wrenn's Mill Refuse and Recycling Center project to fund the improvements. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the cross-fund transfer from Stormwater Management Funds to the Capital Project Fund in the amount of $862,701 for the Wrenn's Mill Refuse and Recycling Center project is hereby approved; and, BE IT FURTHER RESOLVED by the Board of Supervisors of Isle of Wight County that funds in the amount of $862,701 are hereby budgeted and appropriated for the Wrenn's Mill Refuse and Recycling Center project; and, BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. // An Amendment to an Agriculture and Forestry Industries Development Fund Performance Agreement with M&M Milling which involves a provision for a 15- month extension in order to avoid a full clawback of incentive funds by the Virginia Department of Agriculture. M&M Milling has requested a 15-month extension. The 4 company plans to establish a second production line, which will create new jobs and increase its purchase of Virginia-grown corn. Heritage Park ATV Training Park and Trails — Project Agreement for an All-Terrain Vehicle (ATV) trail at Heritage Park.The purpose of the ATV Trail is to provide a safe environment for the youth of the County and surrounding areas to ride four-wheel recreational vehicles. During the master planning for Heritage Park several citizens attended-public meetings and requested a facility for youth to ride ATV's. According to the 2007 Virginia Outdoor Plan some existing networks fail to provide many functional loops or less challenging trails for beginner level riders. The ATV Trail project is envisioned to be an innovative facility that will serve as a model for other communities. RESOLUTION OF SUPPORT FOR PROJECTS TO BE SUBMITTED FOR SMART SCALE 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 5 funding by July 1, 2023; 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, 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 VTRANS 2021 Midterm Needs; 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 Board of Supervisors of the County of Isle of Wight, Virginia hereby supports the application, evaluation, and funding of the following projects under the SMART SCALE Prioritization Process: • US Route 17 (Carrollton Blvd) Right Turn Lane Extension at State Route 669 (Smiths Neck Road) • US Route 17 (Carrollton Blvd) and State Route 661 (Sugar Hill Road) Intersection Improvements • US Route 460 Windsor Blvd (EASTERN) Safety Improvements Ennis Mill Road to Lovers Lane • US Route 460 Windsor Blvd (WESTERN) Safety Improvements Cut Thru Road to Stave Mill Road 5 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. RESOLUTION OF SUPPORT FOR PROJECTS TO BE SUBMITTED FOR SMART SCALE 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 5 funding by July 1, 2023; and, 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 VTRANS 2021 Midterm Needs; 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; and, WHEREAS, SMART SCALE encourages collaboration between adjacent communities for the purpose of efficient and effective use of public funds. NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia hereby supports the City of Suffolk's application for the following project under the SMART SCALE Prioritization Process: • Windsor to Suffolk Commuter Bus Service, providing a new Suffolk Transit commuter route through the Shirley T. Holland Intermodal Park and the Town of Windsor. 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 provide partnership with the City of Suffolk in this application process and give this resolution effect. Minutes May 19, 2022 Regular Meeting Minutes . June 2, 2022 Work Session Minutes 6 The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. REGIONAL AND INTER-GOVERNMENTAL REPORTS No reports were offered. APPOINTMENTS Supervisor McCarty moved that Donald Robertson be reappointed as the ex-officio member on the Chamber of Commerce. The motion was adopted unanimously (5- 0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. Supervisor McCarty moved that Richard Grice be reappointed to serve on the Western Tidewater Water Authority. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. Supervisor McCarty moved that Joel Acree be reappointed to serve on the Western Tidewater Water Authority. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. • COUNTY ATTORNEY'S REPORT No report was offered. NEW BUSINESS Dr. Coleman was requested to explain why the Board was not notified by the School Division of the $478,313 in additional revenue received by the schools from the liquidation of the Pruden partnership. Dr. Coleman responded that the check for the additional revenue was received by the Schools in March, however, he could not explain why the Board of Supervisors was not notified. The consensus of the Board was to delay action on the Resolution to Amend the Budget and Appropriate Funding from the Unexpended FY2021-22 Schools' Funds in the amount of $613,345 until clarification could be provided by Dr. Coleman. Supervisor McCarty moved that action on the Resolution to Amend the Budget and Appropriate Funding from the Unexpended FY2021-22 Schools' Funds in the amount of$613,345 be tabled to the Board's August 18, 2022 meeting. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. Supervisor McCarty stated that he would like additional information regarding the repair of a vehicle and if it would be sold and moved to table the following resolutions pending receipt of additional information: Resolution to Commit FY2021-22 Unassigned Fund Balance to Cover Unusual Costs for Apparatus Repairs for Smithfield Volunteer Fire Department ($13,250) Resolution to Amend the FY2022-23 Operating Budget and Appropriate Committed Fund Balance for Smithfield Volunteer Fire Department ($13,250) The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. Michelle Billups, Vice-Chairman of the County Fair, provided an update on the County Fair. PUBLIC HEARINGS A. Application of Anthony Landes and Derek Joyner, applicants, and Vincent Carollo, property owner, for a Conditional Use Permit to Establish a Sports Club on Property located at 14353 Benns Church Boulevard. Trenton Blowe, Planner, provided an overview of the proposed application and gave staff's and the Planning Commission's recommendations. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. Nick Hess, Anthony Landes and Derek Joyner, applicants, appeared and offered to answer any questions. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the Conditional Use Permit be approved with the amendment changing "people" to "participants". The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. B. Application of Curtis Contracting, Inc., Applicant and Whitley-Hawkins Holdings, LLC, property owner, for approval of a Conditional Use Permit to Expand an Existing Sand Borrow Pit on eleven acres Located at 32083 Airport Drive. Jeryl Phillips, Department of Community Development, provided an overview of the application and gave the Planning Commission's and staff's recommendations. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. 8 William Riddick, Attorney representing the applicant, stated this material is needed for projects in the County to include the expansion of the Highway 58 project. He advised that the applicant would like the option to remove the existing oil tanks that were identified as a weakness. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the application be approved with the conditions proposed by the Planning Commission and regarding Conditions#2 and #3 that the applicant shall comply with all inspections and register the storage tanks or remove the storage tanks prior to the issuance of the Zoning permit. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. The Board took a break and upon returning to open session, Chairman Jefferson called for a public hearing on the following: C. Application of Gerald W. Peade, Property Owner, for an Amendment to Conditional Zoning to Add Motor Vehicle Repair Service (Major) and Garden Center Uses to Conditional Zoning Uses on a 1.25-acre parcel located at 12728 Courthouse Highway Jeryl Phillips, Department of Community Development, provided an overview of the application and gave the Planning Commission's and staff's recommendations. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Jefferson closed the public hearing and called for comments from the Board. Chairman Jefferson moved that the application be approved. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. D. Application of Carrollton Ventures, LLC, property owner, for a change in Conditional Zoning to allow 120,000 square feet of self-storage units and outdoor motor vehicle storage on 8.08 acres located at 15411 Carrollton Boulevard. Amy Ring, Director of Community Development, provided an overview of the application and gave the Planning Commission's and staff's recommendations. Chairman Jefferson opened the public hearing and called for persons to speak in • favor of or in opposition to the application. 9 • Beverly Walkup, representing the applicant, advised that Mr. Sawyer is ready to develop and has had a plumbing business in the County since 1978. He has been a great resident and business owner in the County and he is requesting approval of his application. • Sam Cratch of New Towne Haven Lane recommended that the Board approve Mr. Sawyer's application. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the application be approved. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no.Supervisor voting against the motion. E. Application of Remus Brustur of Frontier Development, applicant and the William G. Yeoman, Ill, trust, property owner, for a Conditional Use Permit for a Wawa Convenience Store and gas station pm 5.69 acres located on the southwest corner of Turner Drive and Benns Church Boulevard. Ms. Ring provided an overview of the application and gave the Planning Commission's and staff's recommendations. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. Tim Trant, Kaufman & Canoles, stated changes to the proposed conditions were submitted by the applicant following the Planning Commission meeting and he is requesting an opportunity to work through those with staff before the Board considers the application and come back to the Board at its next meeting. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the application be tabled until the Board's regular August 18, 2022 meeting based on the applicant's recommendation. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. F. Resolution to Request Establishment of No Through Trucks on Old Mill Road West from the intersection of Old Mill Road West and Old Mill Road for 0.18 miles to the intersection of Old Mill Road West and Old Suffolk Road Jamie Oliver, Transportation Manager, presented a resolution for consideration by the Board to Request Establishment of No Through Trucks on Old Mill Road West from the intersection of Old Mill Road West and Old Mill Road for 0.18 miles to the intersection of Old Mill Road West and Old Suffolk Road. 10 Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. No one appeared and spoke. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION REQUESTING ESTABLISHMENT OF NO THROUGH TRUCKS ON OLD MILL ROAD WEST (RT. 733) WHEREAS, Isle of Wight County has been requested by citizens to evaluate the possibility of restricting through trucks on Old Mill Road West (Rt. 733) from the intersection of Old Mill Road West (Rt. 733) and Old Mill (Rt. 607) Road for 0.18 miles to the intersection of Old Mill Road West (Rt. 733) and Old Suffolk Road (Rt. 636); and, WHEREAS, industrial park traffic is currently being routed by GPS through this road segment and is causing conflict between industrial traffic and residents; and, WHEREAS, the Board of Supervisors deems it appropriate to prohibit through truck traffic on this 0.18 mile segment 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 requests that the segment of Old Mill Road West (Rt. 733) 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 an alternative route with the same termini is available for truck traffic utilizing East Windsor Boulevard (Rt. 460), South Court Street, East Griffin Street, Old Suffolk Road (Rt. 636), and Old Mill Road West (Rt. 733), if deemed necessary. 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 unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. COUNTY ADMINISTRATOR'S REPORT The FY2022-23 budget book was presented by the Chief Financial Officer Stephanie Humphries. 11 Assistant County Administrator Robertson provided an overview of the 2023 legislative priorities. Supervisor Grice requested that the salaries for SRO and Comp Board positions be adjusted. UNFINISHED/OLD BUSINESS There was no old business offered for discussion. NEW BUSINESS Assistant County Administrator Robertson presented a Resolution in Support of the Virginia American Revolution 250 Commission which was created by the State to recognize the 250th year of the country. The State would like for the County to develop a local commission and develop local celebrations with a local person such as the Director of Tourism being appointed as the local designee for the 250th Committee assignment. Supervisor McCarty moved that the following Resolution be adopted: A RESOLUTION TO SUPPORT THE EFFORTS OF THE VIRGINIA AMERICAN REVOLUTION 250 COMMISSION WHEREAS, the Isle of Wight County Board of Supervisors is dedicated to the furtherance of economic development and tourism throughout our community; and, WHEREAS, the Virginia American Revolution 250 Commission (VA250) was created in the 2020 by the General Assembly for the purpose of preparing for and commemorating the 250th anniversary of Virginia's participation in American independence; and, WHEREAS, the Board of Supervisors desires to form a committee to plan and coordinate local programs and communicate regularly with VA250; and, WHEREAS, the Board of Supervisors wishes to undertake this endeavor with VA250 to promote and commemorate this important historic milestone. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia supports the Virginia American Revolution 250 Commission and their efforts to commemorate the 250th anniversary of Virginia's participation in American independence. BE IT FURTHER RESOLVED that the Board of Supervisors will form a committee to aid in the planning for the commemoration period. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. 12 Supervisor Rosie moved that Judy Winslow be appointed as the local designee for the 250th Committee assignment. The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting against the motion. Staff will return with in the future with a resolution and a recommended list of persons to be appointed to a local committee. ADJOURNMENT At 9:00 p.m., Chairman Jefferson declared the regular meeting adjourned. - *WV e011itLi/a15 561,01, Rudolph Jefferson, Chairman Carey Mills Storm, Clerk 13