1-18-2023 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 WEDNESDAY, THE EIGHTEENTH DAY OF JANUARY IN THE YEAR TWO
THOUSAND AND TWENTY-THREE
BOARD MEMBERS PRESENT:
William M. McCarty, District 2, Chairman
Joel C. Acree, District 4, Vice -Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5
Rudolph Jefferson, District 3 (Arrived at 6:30 p.m.)
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 McCarty called the regular meeting to order at 5:00 p.m.
CLOSED MEETING
Pursuant to Section 2.2-3711(A) of the Code of Virginia, Chairman McCarty moved
to enter a 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, pursuant to subsection S and for a
discussion regarding the appointment of specific appointees to County boards,
committee or authorities, to include the County Attorney and the Clerk to the
Board, as well as those set forth in the agenda, pursuant to subsection 1.
The motion passed unanimously (4-0) with Supervisors McCarty, Acree, Rosie and
Grice voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Jefferson absent for the vote.
Upon motion of Chairman McCarty and all voting in favor (4-0), 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.
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Upon motion of Chairman McCarty and all voting in favor (4-0), 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, McCarty. Rosie
NAYS: 0
ABSENT DURING VOTE: Jefferson
ABSENT DURING MEETING: 0
INVOCATION
Supervisor Rosie delivered the invocation and led the Pledge of Allegiance to the
American flag.
CITIZENS' COMMENTS
No one spoke.
CONSENTAGENDA
A. Resolution to Amend the FY2022-23 Operating Budget and Appropriate
funding for Repair of County Property from Insurance Proceeds $7,942
B. Resolution to Amend the FY2022-23 Operating Budget and Appropriate
Funding for Virginia Department of Environmental Quality Litter Prevention
and Recycling Grant $16,442
C. Vehicle Grant Agreement - Smithfield Volunteer Fire Department Ladder
Truck
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D. Minutes
October 20, 2022 Regular Meeting Minutes
November 3, 2022 Work Session Minutes
November 17, 2022 Regular Meeting Minutes
Supervisor Rosie moved that the Consent Agenda be adopted as presented. The
motion passed unanimously (4-0) with Supervisors McCarty, Acree, Rosie and Grice
voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Jefferson absent for the vote.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Chairman McCarty announced that Vice -Chairman Acree has been elected to serve
as the Region I Director on the VACo Board of Directors.
APPOINTMENTS
Supervisor Rosie moved that Jennifer Boykin be reappointed to serve on the
Planning Commission representing District 5 whose term will expire in February of
2027. The motion passed unanimously (4-0) with Supervisors McCarty, Acree,
Rosie and Grice voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Jefferson absent for the vote.
Supervisor Rosie moved that Becky McConnell be appointed to replace Glenie
Jones on the Commission on Aging representing District 5 whose term will expire
in March of 2025. The motion passed unanimously (4-0) with Supervisors McCarty,
Acree, Rosie and Grice voting in favor of the motion; no Supervisors voting against
the motion; and, Supervisor Jefferson absent for the vote.
Vice -Chairman Acree moved that the following be appointed to serve on the Fire &
Rescue Advisory Board:
Carrollton VFD
Tim Nunez /Primary
Scott Brower/Alternate
Carrsville VFD
Judson West/Primary
Weston Jamison/Alternate
Rushmere VFD
Brandon Jefferson/Primary
Kevin Parker/Alternate
Windsor VFD
Lee Marshall/Primary
Dale Scott/Alternate
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Smithfield VFD
Chris Edwards/Primary
Charlie Kempton/Alternate
Isle of Wight Rescue
Brian Carroll/Primary
Chad Owens/Alternate
Windsor Vol. Rescue
Keith Griffin/Primary
Beth Hecker/Alternate
Dept. Emergency Services
Pat Humphries/Primary
Will Drewery/Alternate
The motion passed unanimously (4-0) with Supervisors McCarty, Acree, Rosie and
Grice voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Jefferson absent for the vote.
Vice -Chairman Acree moved that the following be reappointed for an additional
two-year term on the Fair Committee:
Chairman, Danny Byrum
Vice Chairman, Michelle Billups
Second Vice Chairman, Robert Claud
Treasurer, Debbie Braswell
The motion passed unanimously (4-0) with Supervisors McCarty, Acree, Rosie and
Grice voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor Jefferson absent for the vote.
Supervisor Jefferson arrived at the meeting.
SPECIAL PRESENTATIONS
The Board received a presentation by Eric Collins, Charter Communications, related
to the expansion of broadband in the County.
COUNTY ATTORNEY'S REPORT
County Attorney Jones presented for consideration an extension of a franchise
agreement with Bay Disposal for residential solid waste door-to-door collection.
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Supervisor Grice moved that the County Administrator be authorized to execute
the franchise agreement with Bay Disposal extending the agreement until June 30,
2023. The motion passed unanimously (5-0) with Supervisors McCarty, Acree,
Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting
against the motion.
PUBLIC HEARINGS
A. Carver Solar Energy Generation Facility Conditional Use Permit Request
Amy Ring, Director of Community Development, provided an overview of the
application stating that the proposed project is located on twenty properties
approximately 3/4 mile from the Town of Windsor jurisdictional boundary at its
closest point. She continued that the project would have frontage on eight
different roads listed in the application description and is adjacent to agricultural
and forestall lands, a few single-family residences, and Antioch Church and
cemetery. She added that the project lies both to the north and south of Windsor
Boulevard (Rte. 460) and lies directly to the north of the previously approved
Windsor PV1 solar energy facility and the project lies almost entirely within one
mile of the existing 115 kv Myrtle -Windsor powerline located to the south of and
parallel to Route 460.
Ms. Ring advised that the properties on which the proposed project is located are
currently in agricultural, silvicultural, and residential uses and the majority of
properties are zoned Rural Agricultural Conservation (RAC) with the exception of
two which include tax map number 45-01-061B which is zoned conditional -General
Commercial (C-GC) and 52-01-039 which is zoned conditional -Rural Residential (C-
RR). She continued that the Board of Supervisors changed the zoning for tax map
number 45-01-061 to C-GC in 1998 to allow a number of commercial uses such as
building material, garden supply, and equipment sales and service, welding shops,
dry cleaning plants, and other low -volume traffic businesses and the conditional
zoning was amended in 2009 to allow the outdoor display of storage sheds and
other goods. She advised that the only portion of the proposed solar project to be
located on this property is an underground conduit measuring one to two inches in
diameter buried three feet underground.
Ms. Ring advised that the Board had changed the zoning for a 4.09-acre portion of
tax map number 52-01-039 to C-RR in 2011 for a single-family residential lot which
has not yet been subdivided from the parent tract. She concluded that no portion
of the solar energy generation facility is proposed for this portion of the property
and included in the Planning Commission staff report in the agenda was a full
analysis of the proposed project's consistency with the County's plans and
ordinances.
Chairman McCarty opened the public hearing and called for comments from those
in favor of or in opposition to the proposed Conditional Use Permit.
Ryan Gilcrest, Open Road Renewables, explained why the site was chosen, noting
that there are 13 families participating in the project. He went over the low impact
and passive use of the land, as well as the enhanced setbacks and waterways. He
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mentioned that should the Board approve the CUP it will be approving a 125-foot
setback for the substation versus a 200-foot buffer as recommended by staff. He
stated that with regard to waterways and wildlife, it allows for natural wildlife
corridors. His presentation was concluded following an explanation of the
Department of Environmental Quality's process for permit by rule. He noted solar
projects are generally not well screened and reference was made to a landscaping
surety that will be in place.
Molly Harrison, District 5, spoke in opposition stating this project does not
represent the County's Value Statement.
Paul Garris of Yellow Hammer Road spoke in opposition stating that the setback
does not accurately reflect property lines and there are issues with stormwater
management run off requirements and regulations.
Debbie Arrington of Yellow Hammer Road voiced opposition citing reduced
property values; damage resulting from storms; the impact to wildlife, and fires and
lack of training for the County's volunteer fire departments. She advised that she
has a neurological stimulator which will be deactivated whenever she passes by the
project. She relayed the opposition of Mrs. Kelly who was not present.
Shelly Garris of Yellow Hammer Road spoke in opposition because of the health risk
associated with solar panels. She asked that the application be tabled until the full
adverse effects of this project can be researched.
Dawn Cherry of Cut Thru Road in District 5 appeared in opposition due to the
negative impact on property values and the destruction of farmland.
Gary Hanson of Zuni spoke in opposition because of associated global issues and
concerns.
Wayne Smith, Jr. submitted a petition containing 449 signatures in opposition to
the solar project.
Nick Balice of Mill Creek Drive expressed concern with the impact on wildlife and
the environment.
Volpe Boykin of District 5 spoke about landowner rights, in addition to how the
bonds work for the site cleanup; how land remediation works; and, how projects
such as that affect real estate taxes.
Delman Carr appeared in support of the Carver solar project.
Chester Glen Carr of Spivey Town Road advised that he owned three of the
contiguous parcels to the proposed solar project and that he considers this type of
use to be the best and most practical use of his farmland for his family.
Jeff Rowe, a resident of Newport News and a representative of the electrical
workers, spoke in support of the project noting that solar is the least disruptive on
the market related to industrial power generation and any additional power that
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can be generated in this area is needed. He stated many well -paying construction
jobs will be created during the construction phase.
Keith Horswill of Mill Creek Drive recommended that the Board table action on this
application due to unknown concerns associated with solar panels.
Robert Arnold of Yellow Hammer Road spoke in opposition because of its
appearance and the reduction in property values of surrounding homes.
Pauline Austin of West Blackwater Road spoke in opposition to the application.
Ms. Bishop of Deer Trail Road spoke against the application.
Ron Bryan of Cut Through Road spoke against the application.
Gayle Hobbs of Barrett Town Road spoke in favor of the application. He pointed
out that birds are beginning to disappear as a result of pesticides being sprayed by
farmers.
James Edwards of Carrollton voiced his support for the application because it will
hold down rising energy costs.
Carter Garrison of Richmond spoke in favor of the application. He agreed that this
project is the best use of the land and for his family.
David Tucker of District 3 spoke in opposition to the application.
Chairman McCarty closed the public hearing and called for a recess.
Upon returning to open meeting, Mr. Gilcrest of Open Renewables provided a
PowerPoint presentation providing responses to various concerns voiced by the
surrounding community.
Vice -Chairman Acree remarked on the need for additional information with regard
to how people will be affected as the grid continues to be filled.
Supervisor Rosie was provided with clarification on the hazardous nature of the
components that will go into the field and make its way into the soil and watershed;
decommissioning efforts; and appropriate bonds. He stated he did not believe the
Board has all the information it needs with regard to final standards.
Supervisor Grice requested additional information on setbacks and that the issue
with the citizen who spoke earlier relaying medical concerns needs to first be
resolved.
Supervisor Jefferson requested a standard procedure be created for
decommissioning.
Chairman McCarty noted the discrepancies between appraisers on land values and
inquired about stormwater criteria.
Supervisor Grice moved that the application be tabled for further discussion and
feedback from staff and representatives of Carver Solar for inclusion possibly in the
next agenda. 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. Carver Solar Energy Generation Facility Siting Agreement:
County Attorney Jones presented for the Board's consideration a Siting Agreement
for the Carver Solar Energy Generation Project. Background information was
provided on desires to construct and operate a solar facility in the County and he
advised that the Code of Virginia allows the County and Carver Solar Energy
Generation to enter into a siting agreement relative to solar facilities. It was noted
that this project could potentially provide revenues over the course of 40 years.
Chairman McCarty opened the public hearing and called for citizens to speak in
favor of or in opposition to the Agreement.
No one appeared and spoke.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Jefferson moved that the Facility Siting Agreement be tabled. 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. Sale of County Property - Stoup Property Located at Carrollton Blvd,
Carrollton, Virginia
County Attorney Jones began that the County currently owns a tract of land
identified as Isle of Wight County Tax Map Parcels 24A-01-A011, 24A-01-012, 24A-
01-013, 24A-01-014, 24A-01-015, 24A-01-A014A and 24A-01-M015, being
approximately 1.07 acres, and designated as 12454 Carrollton Boulevard,
Carrollton, Virginia. He advised that this property would allow direct access for a
small business to expand its offshore oyster business. He advised that a public
hearing to consider the approval of the transfer of property has been properly
advertised and authorization to execute such necessary documents is sought in
order to effectuate the closing on this tract of land.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the sale of property.
No one appeared and spoke.
Chairman McCarty closed the public hearing and called for comments from the
Board.
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Chairman McCarty moved that the Chairman be authorized to execute all necessary
documents to affect the transfer of the 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.
D. Resolution to Budget and Appropriate Funds from the Unassigned Fund
Balance to be Allocated to the Judgement Liability Line Item ($8,355,971)
County Administrator Keaton reported that the Virginia Supreme Court had
recently affirmed the trial court's ruling that International Paper is entitled to a full
refund of Machinery & Tools taxes paid in 2017 to Isle of Wight County, plus 10%
interest. He advised that the judgement is in a total amount of $8,355,971 and he
advised that staff has been preparing for this possibility for several years and has
been building reserve funds over the last few years in the event of an unfavorable
ruling. He concluded with advising that the funding is currently available in the
Unassigned Fund Balance.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition.
No one appeared and spoke.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO BUDGET AND APPROPRIATE FUNDS FROM THE
FY 2022-2023 UNASSIGNED FUND BALANCE TO THE JUDGEMENT
LIABILITY LINE ITEM
WHEREAS, the Virginia Supreme Court recently affirmed the trial court's
ruling that International Paper is entitled to a full refund of the machinery and
tools taxes it paid in 2017 to Isle of Wight County, plus 10% interest; and,
WHEREAS, the Board of Supervisors needs to budget and appropriate funds
from the Unassigned Fund Balance to be allocated to the judgement liability
line item in the amount of $8,355,971.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle
of Wight County, Virginia, that funds in the amount of $8,355,971 be budgeted
and appropriated from the FY 2022-2023 Unassigned Fund Balance to the line
item for judgement liability.
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.
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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 ADMINISTRATOR'S REPORT
County Administrator Keaton shared discussion of the SPSA Executive Committee
meeting that occurred today regarding the recent fire at the Wheelabrator Plant.
He cautioned that the County's waste capacity at the landfill could be impacted; as
well as the County's cost for transporting waste and other unknowns. He advised
that he would be bringing back additional information as it is received.
On the topic of a proposed Board retreat, Chairman McCarty requested County
Administrator Keaton to invite the School Board to meet jointly with the Board at
its March 2, 2023 work session to discuss the School Division's CIP and its
understanding of finances. In January 2022, the Board held a full day retreat in the
City of Franklin which included a tour of the Hayden Village facility, a discussion
regarding programming for seniors and a regional transportation proposal from
Senior Services.
The Board may wish to discuss potential subjects, dates, and locations for its next
retreat so staff can begin securing speakers, locations, transportation, etc.
Chairman McCarty further requested County Administrator Keaton to email the
Board members requesting potential dates for its Retreat and within a six -week
window select a date for the Board to conduct its Retreat. The Chairman and one
other member from each of the Board's appointed boards and commissions are to
be invited to the retreat.
Assistant County Administrator Robertson updated the Board on the results of the
public hearing on SB 1408 and SB 850 which was not successful.
UNFINISHED/OLD BUSINESS
Ms. Ring recalled that the Board, at its regular meeting of December 8, 2022, had
tabled the following matter:
A. Ho-Fel Solar, LLC Conditional Use Permit
She began that Ho-Fel Solar, LLC (CUP-02-22), applicant, and Dustin and Brandy
Atkins and Cobb Land Limited Partnership, property owners, have submitted an
application for a conditional use permit to establish a major utility service,
specifically a utility -scale solar energy facility and substation, on eighteen acres
located on property on Lees Mill Road with tax parcel numbers 69-01-086 and 72-
01-022, in the Rural Agricultural Conservation zoning district. This application is an
expansion of previously approved conditional use permit, CUP-8-18, for a 40 MW
utility scale solar facility on parcel 69-01-087.
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It was noted that the applicant had originally received a conditional use permit for
a solar energy facility on parcel 69-01-087 in February 2019. The original approval
was for 300 acres to the north of the proposed expansion. The historic home known
as Oakcrest is located on the original parcel 69-01-087. The applicant has since
reduced the amount of acreage for the solar facility on the original parcel from 300
acres to 182 acres and proposed an additional 17.7 acres on parcels 69-01-086 and
72-01-022. She continued that the applicant has requested the CUP for the
additional parcels to establish the point of interconnection on parcel 72-01-022
along with a change of equipment requiring different spacing. Existing uses on the
parcels include agriculture and some single-family homes and the Planning
Commission had recommended approval with vote of 9-0 with staff conditions and
the following additional conditions:
1. The selected panels will be tested for hazard constituents using laboratory
testing (such as a toxicity characteristic leaching procedure, TCLP) validating
that hazardous constituents are below EPA control levels for all power
generating equipment initially installed and replaced on the site.
2. There shall be a sign posted with the contact information for the local project
liaison.
3. No salvage value be added to the decommissioning bond.
4. If the land area being leased was under crop cultivation prior to lease, it shall
be maintained and cut annually prior to August 1 until site construction
begins.
She noted that staff recommends approval of the CUP with the following
conditions:
1. The portion of the subject property supporting solar panels shall be enclosed
by security fencing of a type that is harmonious with the rural, agricultural,
and historical character of the County while meeting federal and state
regulations for solar electric generating facility fencing as determined by the
Zoning Administrator prior to final site plan approval.
2. The applicant shall permanently preserve and maintain both existing forest
and vegetation as well as planted buffer landscaping and shall not clear or
cut live trees within required setbacks or buffer yards except as necessary to
avoid shading of solar panels as approved by the Zoning Administrator.
3. The applicant shall submit an Emergency Response Plan at the time of site
development plan application for review and approval by the County, which
shall detail fire suppression methods that will be immediately deployed
during both construction and operation of the facility. The plan shall include
a training program to be provided to emergency responders about safety for
on -site incident response. Initiation and frequency of training will be
coordinated between the Department of Emergency Services and the facility
operator. The applicant shall install a Knox Box at the facility to ensure
emergency responders have access to the facility should the need arise and
include plans for the same on the project site plan.
4. The applicant shall meet any additional VDHR delineation and buffer
requirements before receiving final site plan approval.
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5. Hours of operation for construction activities to be limited to 7:00 am to 6:00
pm Monday through Friday and 9:00 am to 5:00 pm on Saturdays. No
construction is to occur on Sundays.
6. The applicant shall reimburse the County for reasonable costs related to
retaining such third -party inspectors as deemed necessary for project
inspections.
7. The enhanced buffer landscape plan proposed on the concept plan exhibit is
conceptual only at this time. The buffer design and required plantings will
be reviewed in detail for approval during site plan review and, at minimum,
must include a double -staggered row of plantings in areas where existing
vegetation is not being retained to include a mix of evergreen and deciduous
species to provide an effective screen.
8. The applicant shall maintain a 25-foot setback from cemeteries found in the
Phase 1 study and from any additional gravesites found in further evaluation
recommended by VDHR. Any cemetery found in the project area must
remain clear of obstruction.
Bryan Hobson with Pine Gate Renewables advised that the footprint was being
increased by 18 acres in solar panels.
Supervisor Grice moved to approve the CUP with the conditions recommended by
the Planning Commission and staff. The motion was adopted (4-1) with Supervisors
McCarty, Acree, Grice and Jefferson voting in favor of the motion and Supervisor
Rosie voting against the motion.
Ms. Ring recalled that the following was tabled by the Board at its regular meeting
of December 8, 2022:
B. Ho-Fel Solar, LLC Siting Agreement
It was noted that Ho-Fel Solar, LLC desires to build a solar project in Isle of Wight
County and that the Code of Virginia allows the County and Ho-Fel Solar to enter
into a siting agreement relative to solar facilities.
The Board was apprised that the siting agreement could allow for revenues of
approximately $3.4 million over a 40-year period.
Supervisor Grice moved to authorize the Chairman to execute the Siting Agreement
under the terms negotiated and approved by the County Attorney. The motion was
adopted (4-1) with Supervisors McCarty, Acree, Grice and Jefferson voting in favor
of the motion and Supervisor Rosie voting against the motion.
NEW BUSINESS
A. Proffer Amendment - Shirley T Holland Intermodal Park Phase III:
Ms. Ring introduced the conditional zoning amendment request to amend the
proffered conditions for the Shirley T. Holland Intermodal Park Phase III C-LI zoning
originally approved by the Board of Supervisors in 2013. The conditional zoning
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allows for the development of light industrial, custom manufacturing, and
warehousing and distribution uses on approximately 889.57 acres located on the
east side of US Route 258 in the Windsor Development Service District. The subject
tax map parcels are 53-01-080A, 53-01-080B, 53-01-080C, 53-01-081, 54-01-070A,
60-01-045, and 61-01-002. This proffer amendment seeks to eliminate section "VII.
Water and Sewer Improvements" to remove the requirement that all development
within the Park be served by public water and sewer.
She noted that a statement of the reason for the request as well as a red -line
version of the proposed changes to the proffer statement is attached to this staff
report and that Section 1-1016 of the Isle of Wight County Zoning Ordinance allows
for the Board of Supervisors to waive the requirements of a public hearing when
such amendment to conditional zoning does not affect conditions of use or
density. No change affecting conditions of use or density is proposed with this
application.
Supervisor Jefferson moved to waive the requirement for a public hearing on the
matter. The motion was adopted unanimously (5-0) with Supervisors McCarty,
Rosie, Grice, Acree and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
B. Conditional Zoning Amendment for Shirley T. Holland Intermodal Park Phase
III (ZA-8-22)
Supervisor Jefferson moved to recommend approval of the request. 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. Request for meeting compensation for the FAPT parent representative
Following consideration of a request for meeting compensation for the FAPT parent
representative, Supervisor Jefferson moved to add the FAPT parent representative
to the list of those eligible for meeting attendance compensation. 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.
Chairman McCarty moved to recommend Dale Baugh to the Circuit Court Judge to
serve on the Board of Zoning Appeals and representing District 2 effective March
1, 2023. 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.
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ADJOURNMENT
At 11:00 p.m., Chairman McCarty declared the adjourned.
O'alt�i �' g, S6ro-o Wilms M. McCarty, Sr., Chairman
Carey Ulls S rm, C erk
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