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12-08-2022 Regular Meeting (5pm)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 EIGHTH DAY OF DECEMBER 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: Randy R. Keaton, County Administrator 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 Acree moved that the agenda be amended to include a continuation of a discussion from the work session held earlier today regarding options for consideration involving the intersection at Sugar Hill Road and Route 17 following Citizens Comments. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson 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, Vice -Chairman McCarty moved to enter the closed meeting for the limited purpose of 1.) Consultation with legal counsel employed by the Board regarding specific legal matters requiring the provision of legal advice by such counsel, namely (a) negotiations of siting agreements applicable to a solar projects, and (b) FOIA meeting requirements, (c) short-term rental enforcement and (d); enforcement of residential proffers, all pursuant to subsection 8; 2.) a discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, pursuant to subsection 1; and, 3.) a discussion regarding the sale or publicly held property, namely, the Stoup property, which consist of approximately 1 acre;, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3. 1 The motion was unanimously adopted (5-0). Upon motion of Vice -Chairman 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 Vice -Chairman 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 Dale Baugh delivered the invocation and led the Pledge of Allegiance to the American flag. 2 CITIZENS' COMMENTS A resident of the City of Chesapeake introduced Dr. Kathy Gilliam, the new Director of the 4-H Center in Wakefield. Chairman Jefferson called for the Board's continued discussion regarding Sugar Hill Road and Route 17. Jamie Oliver, Transportation Manager, advised that information requested by citizens at the most recent Town Hall meeting at the Carrollton Elementary School on December 5, 2022 will be posted on the County's website and that staff is currently following up with VDOT on several items of concern expressed at that same meeting. Responsive to Vice -Chairman McCarty and relative to the Route 17 Arterial Preservation survey, Ms. Oliver advised that zip code information has been collected for both the STAR Study and the Route 17 Arterial Preservation. Responsive to Supervisor Acree, County Administrator Keaton explained Ms. Oliver's position with the County which is the Transportation Manager charged with managing transportation needs in the County. He continued that Ms. Oliver works closely with VDOT and recognized her successful efforts over the last six years in locating and managing $34 million in grants for the County. CONSENT AGENDA The following Consent Agenda items were considered for approval and on motion of Vice -Chairman McCarty were unanimously adopted (5-0) as presented: A. Resolution to Amend the Budget and Appropriate Funding from the Virginia State Police Help Eliminate Auto Theft (HEAT) Grant Program ($10,000) B. Resolution to Amend the Budget and Transfer Funding from the FY2022-23 Utilities Fund Budget to the FY2022-23 Capital Fund Budget ($1,845,000) C. Resolution to Amend the Budget and Appropriate Funding from the Virginia Tourism Corporation ($50,000) D. Minutes October 6, 2022 Work Session Minutes 3 REGIONAL AND INTER -GOVERNMENTAL REPORTS No reports were offered. APPOINTMENTS There were no appointments offered for consideration. SPECIAL PRESENTATIONS Dr. Tom Hall, Christopher Newport University, presented the findings of a housing study recently completed in the County and sponsored by the Peninsula Realtors' Association. COUNTY ATTORNEY'S REPORT County Attorney Jones presented the SPSA Transfer Station Ground Lease on Four Square Road for the Board's consideration which is set to expire on January 25, 2023. Vice -Chairman McCarty moved that the lease be renewed for five years or until January 24, 2028 for the approximate 6.1-acre site located in the Hardy District of Isle of Wight. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. County Attorney Jones requested the Board to provide any comments or suggestions for revision to the Board's annual By -Laws and Rules of Procedure for adoption at the Board's January 5, 2023 organizational meeting. Following discussion on Section 2-11.A.1, County Attorney Jones offered to amend the Board's By -Laws to allow for electronic attendance at six meetings per year. PUBLIC HEARINGS A. Ho-Fel Solar, LLC Siting Agreement County Attorney Jones defined a siting agreement and explained "solar revenue share" and financial terms of siting agreements affected by whether or not a locality has adopted "revenue share." He then requested that the Board table the matter after closing the public hearing and placing it following the Conditional Use Permit because the siting agreement speaks in terms of a Conditional Use Permit that has been granted. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. Matt Berger with Pine Gate Renewables spoke briefly on the project's background and advised that the proposed project will generate $4.5 million of tax revenue for the County if approved. 4 Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved to table action until later in the agenda under 14.13. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. B. Ordinance to Amend the Following Section of Appendix B, Zoning, of the Isle of Wight County Code: Article 5 (Supplementary Use Regulations), Section 5- 5003.13.1, "Cemetery," in order to Reduce the Front Yard Setback Requirement for any Burial Plot on Land Abutting a Public or Private Street to 25 Feet Amy Ring, Director of Community Development, explained the proposed amendment is being presented for consideration responsive to the Board's request to allow additional flexibility to place burial plots closer to adjacent roads. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. Upon no one appearing, Chairman Jefferson closed the public hearing and called for comments from the Board. Chairman Jefferson moved that the following Ordinance be adopted with the recommended changes: AN ORDINANCE TO AMEND AND REENACT SECTION 5-5003.13 (CEMETERY) OF APPENDIX B (ZONING) OF THE CODE OF THE COUNTY OF ISLE OF WIGHT, VIRGINIA WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Section 5-5003.13 (Cemetery) of Appendix B (Zoning) of the Isle of Wight County Code be amended and reenacted as follows: Article V. Supplementary Use Regulations. Sec. 5-5003. - Supplementary use regulations for civic use types. 5 B. Cemetery. 1. Any burial plot on land abutting a public or private street shall comply with the required setback of twenty-five (25) feet from all property lines. In addition, cemeteries shall comply with all state regulations, including setbacks from residential uses and public water supplies. 2. Arrangements for perpetual maintenance of the cemetery shall be in compliance with all applicable governmental laws and regulatory requirements and shall be approved by the county attorney as to form. 3. Cemeteries and distance from wells. All cemeteries shall meet the requirements set forth below unless otherwise exempted by the department of health. Well Class Distance from Cemetery Class 3A or deep well Minimum 50 feet Class 3B well Minimum 50 feet Class 3C or a shallow well Minimum 100 feet Class 4 well Minimum 100 feet 4. Landscaping shall be distributed across the area developed as a cemetery to provide a minimum of ten percent (10%) canopy coverage or shading within twenty (20) years. 5. The proposed location for a cemetery shall be compatible with adjacent land uses, existing or proposed highways, and any other elements or factors deemed to affect the public health, safety, and welfare of the inhabitants of such district. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. C. Ordinance to Amend the Isle of Wight County Comprehensive Plan, Envisioning the Isle, to Incorporate by Reference the Plan Known as, "Share the Isle: Isle of Wight County's Plan for an Aging and Mixed Ability Inclusive Community," as Appendix XII in the Comprehensive Plan Ms. Ring provided background information and provided an explanation on the proposed ordinance amendments. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. Thomas Finderson of Sugar Hill Road recommended that there be a focus area 6 on financial security. He remarked that seniors that depend primarily on social security are in crisis now. Chairman Jefferson closed the public hearing and called for comments from the Board. Vice -Chairman McCarty recommended adding an area dealing with financial security. Chairman Jefferson noted the importance of the public, particularly senior citizens, to be kept informed about resources available to them should they get in a crisis which include assistance from the Department of Social Services, Medicaid and public transportation in the County. Vice -Chairman McCarty moved that the following Ordinance be adopted as amended keeping the same focus areas and creating a large umbrella that says something to the effect of the fiscal security for our seniors: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO APPROVE AN AMENDMENT TO THE COMPREHENSIVE PLAN TO INCORPORATE BY REFERENCE THE PLAN KNOWN AS, "SHARE THE ISLE: ISLE OF WIGHT COUNTY'S PLAN FOR AN AGING AND MIXED ABILITY INCLUSIVE COMMUNITY," AS APPENDIX XII IN THE COMPREHENSIVE PLAN WHEREAS, Section 15.2-2229 of the Code of Virginia stipulates that any amendments to a community's Comprehensive Plan be recommended by resolution to the governing body by the local planning commission; and WHEREAS, the Isle of Wight County Board of Supervisors on January 16, 2020, directed that the "Share the Isle" Plan be developed and referred to the Planning Commission for its consideration and that staff be directed to do all things necessary to proceed with the Plan in a timely manner; and WHEREAS, the Isle of Wight County Planning Commission finds it advisable to amend the Comprehensive Plan, Envisioning the Isle, to include the new amendment as Appendix XII of the Plan; WHEREAS, the Isle of Wight County Planning Commission has given notice and held a public hearing on said amendment to the Comprehensive Plan on November 22, 2022, as required by Section 15.2-2204 of the Code of Virginia; WHEREAS, the Isle of Wight County Board of Supervisors has given notice and held a public hearing on the new Comprehensive Plan on December 8, 2022, after notice as required by Title 15.2, Chapter 22, Article 4 and Article 26 of the Code of Virginia; NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that the amendment to the Isle of Wight County Comprehensive Plan 17 known as "Share the Isle: Isle of Wight County's Plan for an Aging and Mixed Ability Inclusive Community," attached hereto as Exhibit A. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. D. Sale of County Property/10272 Newport Street, Battery Park, Virginia County Attorney Jones represented the sale of public property consisting of .14 acres and located at 10272 Newport Street in Battery Park, Virginia advising that the property was acquired by the County in 1996 and has been used as a well lot. He continued that since 2013, the County has been leasing that lot to Alvin Smith for $1 per year who has offered to purchase the lot for the assessed value of $4,000. He advised that the Department of Utilities has advised that the County has no need for future use of the well. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. No one appeared to speak in favor or opposition and Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor Rosie moved to authorize the Chairman to execute all appropriate documents necessary to transfer said property. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. E. Sale of County Property located at 15030 Carrollton Boulevard, Carrollton, Virginia County Attorney Jones represented the issue of a sale of public property located at 15030 Carrollton Boulevard in Carrollton, Virginia consisting of 1.73 acres. He recommended that the lot be deeded back to the owner with the County reserving the right to utilize the pond for the fire station and the pump station. He explained that when the subdivision was developed, the pump station was to be conveyed to the County, however, the entire parcel was erroneously conveyed to the County in 2007 and in order for the owner to develop the remainder of his lot as depicted on the master plan, the green space and the pond are needed in order to make it work. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the application. There being no one to speak in favor of or in opposition to, Chairman Jefferson closed the public hearing and called for comments from the Board. Vice -Chairman McCarty moved to authorize the Chairman to execute all appropriate documents necessary to transfer said property. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. 0 The Board took a break and upon returning to open session, Chairman Jefferson called for the County Administrator's report. Assistant County Administrator Robertson asked the Board to review the meeting schedule contained in the agenda and advise of any adjustments that need to be made for calendar year 2023. Assistant County Administrator Robertson asked the Board to begin consideration of potential subjects, dates and locations for its next retreat. UNFINISHED/OLD BUSINESS Chairman Jefferson called for discussion of the following Old Business item: Application of Ho-Fel Solar, LLC (CUP-02-22), Applicant, and Dustin and Brandy Atkins and Cobb Land Limited Partnership, Property Owners, for Expansion of a Previously Approved Conditional Use Permit Vice -Chairman McCarty moved that the application be tabled and asked staff to work out some of the kinks noted tonight and return to the Board at a future date when all the answers are known. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. The following were specific questions posed by the Board: 1. How are they going to guarantee paying us $4.5 million? 2. Wants clarity in terms of numbers and projections 3. Wants to see what the revenue stream looks like for the first 20 years and then what the revenue stream looks like thereafter in five-year increments NEW BUSINESS County Administrator Keaton introduced the subject of the Fire and Emergency Medical Services Mutual Aid Agreement with Surry County. Supervisor McCarty moved that the Chairman be authorized to execute the Agreement with Surry County. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. 9 ADJOURNMENT At 9:45 p.m., Chairman Jefferson declared the regular adjourned. SKI-, il:� •If Stotin, Clerk William M. Mc rty, Sr., Chairman 10