8-17-2023 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 THURSDAY, THE SEVENTEENTH DAY OF AUGUST IN THE YEAR TWO THOUSAND
AND TWENTY-THREE
BOARD MEMBERS PRESENT:
William M. McCarty, Sr., District 2, Chairman (Left the meeting during the closed
meeting)
Joel C. Acree, District 4, Vice -Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5
Rudolph Jefferson, District 3
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
Vice -Chairman Acree called the regular meeting to order at 5:00 p.m.
APPROVAL OF AGENDA
Supervisor Jefferson moved to approve the agenda. The motion was adopted
unanimously (5-0) with Supervisors McCarty, Acree, Grice, Rosie and Jefferson
voting in favor of the motion and no Supervisor voting against the motion.
CLOSED MEETING
Supervisor Rosie moved to enter a closed meeting pursuant to Section 2.2-3711(A)
of the Code of Virginia, for the limited purpose of: Consultation with legal counsel
employed by the Board regarding specific legal matters requiring the provision of
legal advice by such counsel, namely eminent domain issues related to
transportation projects, pursuant to subsection 8; a discussion regarding the
appointment of specific appointees to County boards, committee or authorities as
set forth in the agenda, pursuant to subsection 1; a discussion regarding the
negotiation of the sale of County real property, where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy of
the Board, pursuant to subsection 3; and, consultation with legal counsel regarding
actual or probable litigation regarding Chesapeake Bay Preservation Area, Zoning
Violations, and Drainage Outfalls, where such consultation would adversely affect
the negotiating or litigation posture of this public body pursuant to subsection 7.
The motion was adopted unanimously (4-0) with Supervisors Acree, Grice, Rosie
and Jefferson voting in favor of the motion; no Supervisor voting against the
motion; and, Chairman McCarty absent for the vote.
1
At 6:00 p.m., upon returning to open session, County Attorney Jones advised that
Chairman McCarty had briefly attended the first part of the closed meeting;
however, he had experienced a medical issue and needed to leave during it. He
further advised that pursuant to State Code and the Board's by-laws, a Board
member can participate remotely in a meeting if a physical quorum is assembled
and if the member has requested and notified the Board that he wishes to appear
remotely/electronically. He asked Chairman McCarty to state the nature of his
absence and the remote location from which he is now participating.
Chairman McCarty advised that due to a medical issue he will be participating
electronically from his home at 10 Thorley Street in Smithfield, Virginia.
Supervisor Grice moved that Chairman McCarty be authorized to participate
electronically in the meeting. The motion was adopted (4-0) with Vice -Chairman
Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor
voting against the motion.
Chairman McCarty thereafter joined the meeting.
County Attorney Jones advised that because Chairman McCarty was present briefly
after the Board entered the closed meeting and did attend the closed meeting, for
the purpose of certifying the closed meeting, that Chairman McCarty will be voting
on the Certification of Closed Meeting resolution.
Upon motion of Supervisor Grice 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, (1) 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 and Jefferson
NAYS: 0
2
INVOCATION
Pastor Joe Poe delivered the invocation and led the Pledge of Allegiance to the flag
of the United States of America.
CITIZENS' COMMENTS
Ann Griffin, 218 Jordan Drive, requested assistance from the Board in having the
rental house located at 216 Jordan Drive located in the Town of Smithfield repaired.
She explained because building code issues are not handled by the Town of
Smithfield, she has been referred to the County by the Town. She requested that
she be notified by the County within the next two weeks regarding what can be
done or she will consider taking further action.
Jack Foster of Franklin sought the Board's assistance with property he would like to
divide.
County Attorney Jones offered to contact Mr. Foster regarding his request.
Ashley Kierzek of Virginia Beach spoke about school zone safety.
Jim Thornton of Smithfield distributed a written statement and copies of
documentation related to the School's operating budget shortfall for FY2022-23 in
the amount of $603,163 in response to false statements made by the current
School Superintendent and School Board members.
Randle Arrington of Yellow Hammer Road expressed concern with increased traffic
at the proposed warehouse in Windsor. He further commented on the recently
approved solar farm.
Herb DeGroft commented on the School's Operating Budget shortfall.
Shelly Perry of Rushmere commented on the School's Operating Budget shortfall.
CONSENT AGENDA
On motion of Supervisor Jefferson, the following Consent Agenda was adopted
unanimously (5-0) as presented with Supervisors McCarty, Acree, Jefferson, Grice
and Rosie voting in favor of the motion and no Supervisor voting against the
motion:
RESOLUTION TO AMEND THE FY 2023-2024 OPERATING BUDGET AND
APPROPRIATE FUNDING FOR SHERIFF COMMAND BUS IMPROVEMENTS
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia,
recommends an amendment to the FY 2023-2024 Budget for $11,100 from the sale
of Sheriff's surplus equipment; and,
3
WHEREAS, the Board of Supervisors needs to appropriate $11,100 to the FY 2023-
2024 Sheriff's Budget capital outlay line for command bus improvements.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2023-2024 Budget is hereby amended and funds
appropriated in the amount of $11,100 from the sale of surplus equipment for
improvements to the Sheriff's command bus.
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 2023-24 OPERATING BUDGET AND APPROPRIATE
GRANT FUNDS TO THE SCHOOLS' FY2023-24 OPERATING BUDGET
WHEREAS, the Board of Supervisors appropriated funding by category for the Isle
of Wight County School Board for the 2023-2024 school year; and,
WHEREAS, the Commonwealth of Virginia approved a 2023 Summer Regional
Governor's School award allocation in the amount of $16,352 for Isle of Wight
County Schools; and,
WHEREAS, the School Board is requesting that the grant funds be appropriated to
the Instructional Category in the Schools' FY2023-24 budget.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2023-24 budget is hereby amended and grant funds in
the amount of $16,352, or as much as shall be received, be appropriated to the
Instructional Category in the Schools' FY2023-24 budget.
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.
BY-LAWS OF THE ISLE OF WIGHT COUNTY
COMMISSION FOR ADULTS WITH DISABILITIES
ARTICLE I - NAME
The name of this organization shall be the Isle of Wight County Commission for
Adults with Disabilities.
ARTICLE II - PURPOSE
n
The purpose of this Commission is to promote and assist with development of
resources and activities for Adults with Disabilities and their caretakers within Isle
of Wight County and to share information with neighboring communities.
ARTICLE III - POWERS AND DUTIES
This Commission is empowered to do the following:
1. Research, understand, evaluate, and advocate local issues, challenges and
opportunities encountered by adults with disabilities, guardians, and
caregivers.
2. Determine and assess resources available to meet the needs of adults with
disabilities, guardians, and caregivers.
3. Cooperate with other local, state, and national committees, agencies, and/or
organizations in the development of programs designed to address the
unmet needs of adults with disabilities, guardians, and caregivers.
4. Encourage public awareness of adult disability issues.
5. Review and make recommendations about policies, procedures, services and
activities of departments and agencies of Isle of Wight County as they affect
adults with disabilities, guardians, and caregivers.
6. Take such action as the Board of Supervisors considers appropriate to ensure
the equal access status of adults with disabilities.
7. Provide information and advice to individuals, businesses, organizations, and
public agencies in all matters pertaining to adults with disabilities.
This Commission shall perform such functions as it may deem necessary to
accomplish its purposes, powers, and duties in accordance with the desires of the
Isle of Wight County Board of Supervisors.
ARTICLE IV — MEMBERSHIP
Section 1. The Commission shall consist of ten (10) members appointed by the
Board of supervisors of Isle of Wight with two (2) members from each
election district.
Section 2. Appointments shall reflect, whenever possible, the diversity of the
community of adults with disabilities including the sensory impaired, and
persons with physical, developmental, and emotional disabilities.
Section 3. Membership shall also include ex officio representatives invited to
serve as voting members from several types of organizations that provide
services to adults with disabilities. Heads of Isle of Wight County agencies
may designate staff to vote for them in their absence.
Section 4. In addition to the regular membership, the following list of resource
persons who are willing to provide consultant services to the Commission
when needed will be developed: 1) architecture; 2) business; 3) attorney; 4)
special education; 5) recreation and 6) public works. These resource
consultants will be non -voting members.
Section 5. Commission members shall serve at the pleasure of the Board of
Supervisors, in accordance with Section 15.2-1411 of the Code of Virginia
(1950, as amended), and may be removed from office at any time and for
k
any reason as deemed necessary and/or appropriate by the Board of
Supervisors.
ARTICLE V — OFFICERS AND THEIR DUTIES
Section 1. The officers of this Commission shall consist of a Chair, a Vice -Chair,
and a Secretary henceforth the Executive Committee. Officers shall be
elected by the Commission and serve at the pleasure of the Commission.
Section 2. A Liaison to the Commission shall be provided by the Department of
Parks and Recreation. The Liaison shall collect and maintain records of the
Commission and establish communications with the County Departments.
Section 3. The duties of the Chair shall be:
A. To develop and distribute the meeting agenda in
coordination with other officers.
B. To preside over all meetings of the Commission.
C. To appoint committees deemed necessary to accomplish the
duties of the Commission.
D. To perform such other duties as determined by the
Commission and/or the Board of Supervisors.
Section 4. The duties of the Vice -Chair shall be:
A. To perform the duties of the Chair in his/her absence.
B. To perform such other duties as assigned by the Commission.
Section 5. The duties of the Secretary shall be to work with the Liaison to
accomplish the following duties:
A. To transcribe minutes of all Commission meetings and to
transmit them to the members of the Commission in their
desired format.
B. To prepare and transmit correspondence from the
Commission.
C. To notify members of the Commission electronically of all
meetings.
D. To establish correspondence with the Board of Supervisors.
E. To make arrangements for reasonable accommodations for
commissioners and members of the public upon request.
Ii
ARTICLE VI — ELECTION AND TERM OF OFFICERS
Section 1. The Chair shall appoint a nominating committee in November of each
year with elections to be held at the December meeting.
Section 2. Elections shall be by ballot if there is more than one nominee for the
same office. A quorum must be present to constitute an election.
Section 3. Any vacancies occurring in the offices shall be filled by a special
election.
ARTICLE VII —TERM OF MEMBERS: VACANCIES
Section 1. The members of the Commission shall be appointed for a (3) three
years. In the case of an individual commissioner who demonstrates
substantial interest and participation in the activities of the Commission, the
Board of Supervisors may, after consulting with the Chair, Vice -Chair, and
Director of the Department of Parks and Recreation, re -appoint a member
to a second three-year term. The members of the Commission shall in no
case be appointed for more than six (6) years. A former commissioner may
reapply for membership after a minimum of one year.
Section 2. In the event of a vacancy, the Chair and Vice -Chair shall consult first
with the Commission and secondly with the Director of the Parks and
Recreation to review the waiting list of candidates and together with the
Commission's consent, advise the Board of Supervisors who would best meet
the needs of the Commission.
Section 3. Vacancies that occur before the end of a member's three-year term
shall be filled by an appointee to complete the unexpired term. After fulfilling
the unexpired term, the appointee shall be eligible for reappointment for no
more than two full terms.
ARTICLE VIII — RESPONSIBILITIES OF MEMBERS
Each person who is appointed to this Commission accepts the following
responsibilities as part of his/her duties as a member:
1. To attend all meetings of the Commission.
2. To accept and participate in committee assignments made by the Chair.
ARTICLE IX — MEETINGS
Section 1. The Commission shall meet monthly on the first Monday of each
month at 4:00 p.m. in the Board of Supervisors Room, Isle of Wight
Courthouse, Isle of Wight, Virginia, provided that if this should be a legal
holiday, the meeting shall be held at the same time and place on the first
succeeding day not a holiday. Each member shall be notified of each regular
meeting at least five (5) days prior to the meeting by written agenda
prepared by the Secretary to the Commission.
Section 2. Committees shall meet at a time and location as they deem necessary
to accomplish their respective missions.
Section 3. Special meetings of the Commission may be called by the Chair as
he/she deems necessary. The Chair shall call a special meeting of the
Commission at the written request of any two (2) members of the
Commission. A reasonable effort will be made to notify all Commission
members when a special meeting is called.
Section 4. Whenever there is no business of the Commission, the Chairman may
dispense with the regular meeting by giving notice to all members at least
two (2) days prior to the time set for the meeting, providing that the
Commission shall meet at least every two (2) months. The need to cancel a
scheduled meeting in the event of inclement weather for the safety and well-
being of the Commission members, staff and the public, may be determined
by the Chairman.
Section 4. Any citizen or group of citizens may request a special meeting of the
Commission by making a written request to the Chair who shall either call a
special meeting or hold the request for consideration at the full Commission
as he/she deems proper.
Section 5. Written records of all proceedings of meetings shall be kept and made
a public record.
Section 6. The conduct of meetings shall follow a pre -published agenda which
shall be prepared and disseminated to Commission members in their desired
format at least one (1) week before a scheduled meeting.
Section 7. The order of business at regular meetings shall be as follows:
1. Call to Order
2. Roll Call and Determination of Quorum
3. Approval of Agenda
4. Consideration of Minutes
5. Unfinished/Old Business
6. Committee and Reports including Chairman
7. Individual Commissioner Reports
8. County Staff Comments
9. Citizen Comments
10.New Business
11.Adjournment
ARTICLE X — ATTENDANCE
Each member is required to attend all meetings of this Commission. Any member
who is absent from more than four (4) meetings in a year will be sent a letter from
the Chair of the Commission recognizing the member's absence and asking if that
0
member would like to be relieved of their membership on the Commission. Each
member has the responsibility to notify the Department of Parks and Recreation
liaison when he/she is unable to attend a meeting. Failure to do so will result in an
unexcused absence.
ARTICLE XI — QUORUM
Section 1. A majority of the members of this Commission shall constitute a
quorum for the transaction of any business.
Section 2. The affirmative vote of a majority of those members present and
voting shall be required for the exercise of powers or functions of this
Commission.
Section 3. The Chair shall vote only in case of a tie.
ARTICLE XII — ORDER OF BUSINESS
Section 1. The Order of Business at all regular and special meetings shall be
determined by the Chair and approved or amended as an agenda by the
Commission at the beginning of each meeting.
Section 2. A portion of each meeting shall be set aside for "Other Business" and
"Citizen Comments." This shall be a time when individual citizens, or groups
may express themselves on topics that may come under the purview of the
Commission. Time for Citizen comments is limited to five (S) minutes.
Section 3. All business of the Commission shall be conducted in accordance with
the enabling legislation and these by-laws.
Section 4. The procedural principles set forth in Robert's Rules of Order shall be
followed for the purposes of conducting the business of the Commission. The
Chairman shall decide all points of order in accordance with those same
principles.
ARTICLE XIII — AMENDMENT OF BY-LAWS
Section 1. Notice of any proposed changes in these by-laws must be submitted
in writing to members two weeks prior to the meeting during which they will
be considered.
Section 2. These by-laws may be amended at any meeting of the Commission by
a two-thirds vote of those present and voting if that number constitutes a
quorum.
ARTICLE XIV —SUPPORT SERVICES
Professional staff support for the Commission shall be provided by the Department
of Parks and Recreation.
E
Isle of Wight County Board of Supervisors and approved this 17th day of August of
2023.
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE XI, SECTIONS 11.8 and
11.9 OF THE COUNTY POLICY MANUAL
WHEREAS, the County is responsible for assuring the health and safety of all
employees.; and
WHEREAS, animals may pose a threat of infection and may cause allergic reactions
in employees and some employees may feel threatened or be distracted by the
presence of animals, particularly dogs in the workplace. In addition, the County
wishes to prevent pets from fouling the office space or damaging company
property.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Sections
5.12 and 5.15 of the County Policy Manual are hereby amended as follows:
Chapter 1: Personnel
ARTICLE XI - Miscellaneous Policies and Regulations
(Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006,
September 4, 2008, May 21, 2015, September 17, 2015, July 1, 2020, August 17,
2023)
Section 11.8 — Animals in the Workplace
Employees are not allowed to bring animals into any County building and/or
property, without expressed written authorization from the County Administrator,
unless otherwise required to do so by their position.
An employee who requires the help of a service animal as defined by the Americans
with Disability Act (ADA) and Americans with Disabilities Act Amendments Act
(ADAAA) will be permitted to bring a service animal to their workplace, provided
that the animal's presence does not create a danger to others and does not impose
an undue hardship upon the County. Employees and applicants with disabilities
requesting reasonable accommodations to perform essential job functions should
request such through the Human Resources Department.
Section 11.8 9- Saving Clause
If any section, sentence, clause of phrase of this ordinance shall be held, for any
reason, to be inoperative, void or invalid, the validity of the remaining portions of
this ordinance shall not be affected thereby, it being the intention of the Board of
Supervisors in adopting this ordinance that no portion thereof or provision herein,
shall become inoperative or fail by reason of invalidity of any other portion or
provision and the Board hereby declares that it would have severally passed and
adopted the provisions contained herein, separately and apart one from the other.
10
Minutes of the June 1, 2023 Work Session
REGIONAL AND INTER -GOVERNMENTAL REPORTS
No reports were offered.
APPOINTMENTS
Supervisor Grice moved that Jeff Whitmire be appointed to serve on the
Stormwater Advisory Committee representing the Smithfield District. The motion
was adopted unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice
and Rosie voting in favor of the motion and no Supervisor voting against the
motion.
SPECIAL PRESENTATIONS
An overview of the FY2023-24 budget book was provided by Stephanie Humphries,
Director of Budget & Finance.
A County Fair spring events update was provided by Danny Byrum. Jenilee Hallman
introduced the Isle of Wight County Fair Queens.
The Board took a recess and upon returning to open meeting, Vice -Chairman Acree
called for the County Attorney's report.
No report was offered.
PUBLIC HEARINGS
A. Application of Debra Hall, Applicant, and Carrollton Coves Shoppes, LLC,
Property Owner, for a Conditional Use Permit to Establish a Commercial
Kennel on Property Located at 15042 (Suites K and L) Carrollton Boulevard
Caleb Kitchen, Planning & Zoning, provided background information on the
application. He advised staff recommends approval with the following conditions:
1.) No more than five (5) animals are permitted in the outdoor exercise area at one
time; 2.) no more than sixty (60) animals may be boarded overnight, of which no
more than fifty (50) may be dogs; 3.) the commercial kennel conditional use permit
shall only apply to Suites K and L. The applicant must obtain approval from the
Zoning Administrator prior to moving into any other space within the parcel; and
4.) animal feces should be removed from the parking lot throughout the day and a
bag dispenser shall be provided near the parking lot. He advised that the Planning
11
Commission recommended approval with staff's recommended conditions along
with a condition requiring approval and inspection of the facility by the Isle of Wight
County Animal Shelter staff during site plan review.
Vice -Chairman Acree opened the public hearing and called for persons to speak in
favor of or in opposition to the application.
Anthony Curney, shop manager of Dashing Dogs, appeared on behalf of the
applicant who could not attend due to a recent surgery. He requested that the
number of dogs that can be in the outside run at one time be increased to ten (10)
dogs.
Elliott Cohen, owner of Carrollton Coves Shoppes, advised that he had contacted
the Sheriff's Department regarding the Sheriff's letter to the County expressing his
concern with potential noise and he believes that a white closed -in vinyl fence will
be put up. Concerning a complaint from tenants about noise, he has submitted to
the Planning Commission two letters from tenants next door advising that they had
no problem with the noise. He advised that his intention is to build the next
building on the left side of the new building to meet the needs of the boarding
kennel and he requested to be able to add M and N into the application under
consideration tonight.
Vice -Chairman Acree closed the public hearing.
Supervisor Jefferson commented that if Mr. Cohen wanted to do something other
than what is recommended by the Planning Commission, Mr. Cohen should submit
another application to the Planning Commission. He further commented that the
number of dogs being increased from five (5) to ten (10) that would be outside at
the same time could produce excessive noise.
Chairman McCarty remarked that he did not believe having ten (10) dogs outside
simultaneously would create excessive noise. He advised that he did not agree with
the Planning Commission's recommendation that Animal Control staff comment
during the site plan review, noting that the Sheriff's Department is already
shorthanded. He stated that the proposed kennel size is larger than what is being
used by kennels throughout the Commonwealth and that this business has had to
relocate as a result of the Nike Park extension project.
Supervisor Grice remarked that he did not see a problem with ten (10) dogs being
outside simultaneously.
Chairman McCarty moved that the application be approved with a change from five
(5) to ten (10) dogs and removing the inspection of the Sheriff's Animal Shelter staff
during the site plan review process. The motion was adopted unanimously (5-0)
with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the
motion and no Supervisor voting against the motion.
B. Ordinance to Amend and Reenact Chapter 3 - Animals and Fowl, Chapter 7 -
Fire Protection, Chapter 11 — Motor Vehicles and Traffic, and Chapter 15 -
Taxation of the Isle of Wight County Code
12
County Attorney Jones provided an overview of proposed amendments to the
Ordinance.
Vice -Chairman Acree opened the public hearing and called for persons to speak in
favor of or in opposition to the Ordinance amendments.
Responding to Randle Arrington of Yellow Hammer Road, County Attorney Jones
clarified that dogs used for hunting are not classified as running at large.
Vice -Chairman Acree encouraged people to read the article published in 2017 by
the Virginia Fire Chief's Association which speaks about injuries associated with
fireworks and sparklers.
Vice -Chairman Acree closed the public hearing.
Chairman McCarty moved to adopt the following Ordinance as presented:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY
AMENDING AND REENACTING CHAPTER 3. ANIMALS AND FOWL CHAPTER 7. FIRE
PROTECTION CHAPTER 11. MOTOR VEHICLES AND TRAFFIC AND CHAPTER 15.
TAXATION
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 3. Animals and Fowl of the Isle of Wight County Code be
amended and reenacted as follows:
CHAPTER 3. — ANIMALS AND FOWL
Article I. — In General.
Sec. 3-1.1. Penalties. Unless otherwise specified, a violation of this chapter shall
be deemed a Class 4 misdemeanor and a warrant for the violation may be obtained
by an animal control officer or sheriff's deputy. (8-17-23.)
Sec. 3-8.1. Livestock running at large.
13
It shall be unlawful for the owner of any livestock, poultry or fowl to permit the
same to run at large beyond the limits of the boundaries of the lot or tract of land
where such animal is normally or regularly confined. For purposes of this
subsection, the boundary lines of each lot or tract of land within the county shall
be a lawful fence as to livestock, poultry, and fowl domesticated by man. (8-17-23.)
Article II. — Dogs and Cats.
Division 2. — Running at Large Generally.
Sec. 3-19. - Running at large prohibited within certain zoned areas; "at large"
defined; responsibility of owners or custodians.
(a) For the purposes of section, "at large" shall be taken to mean off the premises
of the owner and not under the immediate control of the owner, his agent or the
custodian of the dog, by a leash, cord or chain; provided that, a dog shall not be
considered "at large" if, during the hunting season, it is on a bona fide hunt, in the
company of a licensed hunter or during field trials of training periods when
accompanied by its owner or custodian.
(b) It shall be unlawful for the owner or custodian of any dog to allow such dog to
run at large at any time within any area in the county other than those districts
zoned Rural Agricultural Conservation. This exception does not apply to designated
mobile home parks and/or trailer parks in Rural Agricultural Conservation Districts
nor in the Rushmere Shores Subdivision. It is further, unlawful, for the owner or
custodian of any dog to allow such dog to run at large on any garbage collection
sites or any other publicly owned property in the County of Isle of Wight.
(c) It shall be the responsibility of owners or custodians of dogs residing within the
Rural Agricultural Conservation Districts of the county to control such dogs to
prohibit them from roaming in the other areas covered by this section.
(d) It shall be unlawful for the owner of any livestock, poultry or fowl to permit the
same to run at large beyond the limits of the boundaries of the lot or tract of land
where such animal is normally or regularly confined. For purposes of this
subsection, the boundary lines of each lot or tract of land within the county shall
be a lawful fence as to livestock, poultry, and fowl domesticated by man.
(d) The owner or custodian of any dog found running at large in a pack shall be
subject to a civil penalty in an amount of $100 per dog so found. For the purpose
of such ordinance, a dog shall be deemed to be running at large in a pack if it is
running at large in the company of one or more other dogs that are also running at
large.
(6-18-15, 10-15-15, 8-17-23.)
Division 5. — Rabies Control Generally.
Sec. 3-25.1. Vaccination or inoculation against rabies required.
14
The owner or custodian of all dogs and cats four months of age and older shall have
such animal currently vaccinated for rabies by a licensed veterinarian or licensed
veterinary technician
who is under the immediate and direct supervision of a licensed veterinarian on
the premises unless otherwise provided by regulations. The supervising
veterinarian on the premises shall provide the owner or custodian of the dog or the
cat with a rabies vaccination certificate or herd rabies vaccination certificate and
shall keep a copy in his own files. The owner or custodian of the dog or the cat shall
furnish within a reasonable period of time, upon the request of an animal control
officer, humane investigator, law -enforcement officer, State Veterinarian's
representative, or official of the Department of Health, the certificate of
vaccination for such dog or cat. The vaccine used shall be licensed by the U.S.
Department of Agriculture for use in that species. At the discretion of the local
health director, a medical record from a licensed veterinary establishment
reflecting a currently vaccinated status may serve as proof of vaccination.
Vaccination subsequent to a summons to appear before a court for failure to do so
shall not operate to relieve such owner from the penalties or court costs.
Any person violating the provisions of this section shall be subject to the penalties
set forth in Section 3-1.1 of this chapter, and each and every violation of this
section shall constitute a separate offense. (8-17-23.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Chapter 7. Fire Protection of the Isle of Wight County
Code be amended and reenacted as follows:
CHAPTER 7. — FIRE PROTECTION.
Article II. — Fireworks.
Sec. 7-2. Sale, etc., of certain fireworks unlawful.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any
person to transport, manufacture, store, sell, offer for sale, expose for sale, or to
buy, use, ignite or explode any firecracker, torpedo, skyrocket, or other substance
or thing, of whatever form or construction, that contains any explosive or
flammable compound or substance, and is intended, or commonly known, as
fireworks and which explodes, rises into the air or travels laterally, or fires
projectiles into the air, other than those permissible fireworks described in
subsection (b) below.
(b) This section shall not apply to the use or sale of permissible fireworks. For
purposes of this section, "permissible fireworks" means shall be as defined in
Section 27-95 of the Code of Virginia (1950, as amended), as it may be amended
from time to time.
(c) Notwithstanding subsection (b) above, no person may use, ignite or
exploded permissible fireworks unless on private property with the consent of the
owner of such property.
15
(d) This section shall have no applicability to any officer or member of the armed
forces of this Commonwealth, or of the United States, while acting within the scope
of his authority and duties as such, nor to any offer of sale or sale of fireworks to
any authorized agent of such armed forces; nor shall it be applicable to the sale or
use of materials or equipment, otherwise prohibited by this section, when such
materials or equipment is used or to be used by any person for signaling or other
emergency use in the operation of any boat, railroad train or other vehicle for the
transportation of persons or property.
(e) The fire code official or his designee may, upon special public occasions, issue
permits for the display of fireworks by fair associations, amusement parks, or by
any organization or group of individuals, under the minimum terms and conditions
set forth in the Virginia Statewide Fire Prevention Code. The issuance of such a
permit shall not be made unless and until the applicant provides for and enters into
a bond or furnish a certificate of insurance, in principle sum of not less than five
hundred thousand dollars for the purpose of paying for all damages to any person
or property which arise from, or are caused by, the conduct of any act authorized
by the permit upon which any judicial judgment results. The terms and conditions
of such a permit shall be as prescribed by the fire code official or his designee and
no person shall violate the same. (10-2-08; 6-15-17, 8-17-23.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Chapter 11. Motor Vehicles and Traffic of the Isle of
Wight County Code be amended and reenacted as follows:
CHAPTER 11. — MOTOR VEHICLES AND TRAFFIC.
Article II. — Motor Vehicle License Fee.
Sec. 11-18. Special exemptions.
A license fee, as more specifically set forth in the Isle of Wight County Uniform Fee
Schedule, as adopted by the board of supervisors, as it may be amended from time
to time, is hereby imposed on the following:
(i) Vehicles displaying a National Guard license plate with "NG" designation;
(i i) Vehicles displaying a permanent "Farm use" placard.
Local licenses may be issued free of charge for any and all of the following:
(i) Vehicles owned by volunteer rescue squads;
(i i) Vehicles owned by volunteer fire departments;
(iii) Vehicles owned by active members of volunteer rescue squads;
(iv) Vehicles owned by active members of volunteer fire departments;
16
(v) Vehicle owned by auxiliary police officers;
(vi) Vehicles owned by disabled veterans;
(vii) Vehicles owned by former prisoners of war;
(viii) Vehicles owned or leased by deputy sheriffs;
(ix) Vehicles owned or leased by police officers;
(x) Vehicles owned or leased by officers of the state police;
(xi) Vehicles owned or leased by salaried firefighters;
(xii) Vehicles owned or leased by salaried emergency medical technicians; and
(xiii) Vehicles owned by former members of volunteer rescue squads or former
members of Volunteer fire departments who have served at least ten years in Isle
of Wight County;
In no event shall the fee imposed by the County be greater than the annual or one-
year fee imposed by the Commonwealth.
In the case of active members of volunteer rescue squads, volunteer fire
departments and auxiliary police officers, applications for such licenses shall be
accompanied by written evidence, in a form acceptable to the Isle of Wight County
Treasurer, of their active membership, and no member shall be issued more than
one such license free of charge. (1-4-68, § 3; 1-2-75, § 1; 10-6-77; 9-21-89; 8-16-90,
§ 3, 12-3-92; 9-21-06; 4-19-07; 9-20-07; 4-16-09; Ord. No. 2013-9-C, 6-20-13; 8-21-
04; 9-21-17; 6-18-20, 8-17-23.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Chapter 15. Taxation of the Isle of Wight County Code
be amended and reenacted as follows:
CHAPTER 15. - TAXATION.
Article I. - In General.
Sec. 15-6.1. Certain equipment used by professional fishermen exempt from
taxation.
Commercial fishing vessels and property permanently attached to such vessels shall
be exempt from taxation. (8-17-23.)
For state law as to authority of county to enact this section, see Code of Va., § 58.1-
3506.
Sec. 15-22. Motor vehicles equipped for transportation of physically.
17
The following tangible personal property is exempt from the tangible personal
property tax levies of the board of supervisors:
(a) Motor vehicles specially equipped to provide transportation for physically
handicapped individuals who reside in the county.
(b) One motor vehicle owned and used primarily by or for a veteran of the
Armed Forces of the United States or the Virginia National Guard who has either
lost, or lost the use of, one or both legs, or an arm or hand, or who is blind or who
has been rated by the U.S. Department of Veteran Affairs or its successor agency
pursuant to federal law with a one hundred percent service -connected,
permanent, and total disability shall be exempt from taxation. Any such motor
vehicle owned by a married person may qualify if either spouse is a veteran who is
rated one hundred percent service -connected, permanent, and total disabled. The
exemption shall expire on the date of the disabled veteran's death and shall not be
available for the surviving spouse. In order to qualify, the veteran shall provide a
written statement to the commissioner of revenue or other assessing officer from
the U.S. Department of Veterans' Affairs or its successor agency pursuant to federal
law that the veteran has been so designated or classified by the U.S. Department
of Veterans' Affairs as to meet the requirement of this section, and that his
disability is service connected. For the purposes of this section, a person is blind if
he meets the provisions of section 46.2-739 of the Code of Virginia.
(c) As used in this section, "motor vehicle" means only a passenger car or pickup
or panel truck, as those terms are defined in § 46.2-100 of the Code of Virginia,
1950, as amended, that is registered for personal use.
(d) When used in this section, the phrase "motor vehicles specially equipped to
provide transportation for physically handicapped individuals," shall refer to any
motor vehicle adapted with one (1) or more of the following devices:
(1) Power door operators
(2) Hand controls.
(3) Lifts or ramps for wheelchairs or scooters.
(4) Special restraints systems for wheelchairs.
(5) Raised door and roof to allow wheelchair entry.
(6) Special steering devices, such as, but not limited, to, "tri-pins" or "V grips."
(7) Driving aids such as, but not limited to, touchpads, low effort power steering,
power steering backup, power parking brake or electronic directional signals.
(8) Roll cages.
(9) Such other similar devices.
In addition to the above listed criteria, to qualify as a motor vehicle specially
equipped to provide transportation for physically handicapped vehicles, said motor
vehicle must be licensed pursuant to § 46.2-731 of the Code of Virginia. (5-17-18;
10-15-20; 4-15-21; 8-17-23.)
Sec. 15-33. Exemption for the elderly and handicapped.
(a) Real estate tax exemption is provided for qualified property owners or partial
owners who are either:
(1) Heads of households and sixty-five years of age and older; or
(2) Permanently and totally disabled and who are eligible according to other
terms of this section, as provided in subsection (b) of this section.
(b) Exemption shall be granted to qualifying persons subject to the following
provisions:
(1) The title of the property for which the exemption is claimed is held, or
partially held, on June 30 of the immediately preceding taxable year by the person
claiming exemption;
(2) The person claiming the exemption was, as of June 30 for the year
immediately preceding the taxable year, either:
a. Sixty-five years of age or older, or
b. Permanently and totally disabled, which, for the purposes of this section,
means to be unable to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment or deformity which can be
expected to result in death or can be expected to last for the duration of such
person's life.
(3) The total combined income during the immediately preceding calendar year
from all sources of the occupants of the dwelling living therein does not exceed fifty
four thousand six hundred dollars ($54,600); provided, that the first six thousand
five hundred dollars of income of each relative, other than a spouse, of the owner
or owners, who is living in the dwelling, shall not be included in such total; and
provided further that any disability income received by a relative residing in the
dwelling, who is permanently and totally disabled, shall not be included in such
total. The county, in subsequent tax years, shall increase the combined income limit
by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W)
for the twelve-month period ending September 30 of the year immediately
preceding the affected tax year, provided such increased amount shall not exceed
the limits imposed by section 58.1-3211 of the Code of Virginia (1950, as amended);
(4) The net combined financial worth, including equitable interests, as of
December 31 of the immediately preceding calendar year, of the owners and the
spouse of any owner, excluding the value of the dwelling and the land not
exceeding one acre upon which it is situated, does not exceed two hundred twenty-
eight thousand five hundred ninety-six dollars ($228,596);
19
The county shall annually increase the net combined financial worth limit by an
amount equivalent to the percentage increase in the Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W), for the twelve-month period
ending September 30 of the year immediately preceding the affected tax year.
(5) Changes in respect to income, financial worth, ownership of property or
other factors occurring during the taxable year for which the statement shown in
subsection (e)(2) of this section is filed and having the effect of exceeding or
violating the limitations and/or conditions of this section, any relief from real estate
tax liability forthe current taxable year shall be prorated to the date of such change.
(c) When the person or persons claiming exemption conforms to the standards
and does not exceed the limitations contained in this section, the tax exemption is
on the sole dwelling and accessory structures that:
(1) House or cover motor vehicles or household goods and personal effects as
classified in section 58.1-3503(A)(14) and as listed in section 58.1-3504 of the Code
of Virginia (1950, as amended); and
(2) For other than a business purpose owned and occupied by the applicant or
applicants and up to one acre of land upon which the dwelling is situated.
(d) If the person is exempt, the real estate described in this section shall be
exempt from the following percentages of the real estate taxes based upon the
total combined income as described in paragraph (b)(3) above:
Range of Income
Exemption
$0—$31,600.00
100% up to a maximum of $2,000.00
$31,601.00-39,200.00
75% up to a maximum of $2000.00
$39,201.00-46,800.00
50% up to a maximum of $2000.00
$46,800.00-54,600.00
25% up to a maximum of $2000.00
$54,601.00 and above
0%
provided, that if the ownership of the property for which the application is made is
not held solely by the applicant, or jointly with the applicant's spouse, then the
amount of the tax exemption, hereunder, shall be in proportion to the applicant's
ownership interest in the subject real property, as that ownership interest may
appear.
(e) (1) The commissioner of the revenue, or his authorized designee, shall
administer the exemption according to the general provisions of this section. The
commissioner is hereby authorized and directed to prescribe forms and make such
further inquiry of persons applying for exemption, including the requirements of
answers under oath, production of certified tax returns and appraisal reports or
other proofs, as may be reasonably necessary to determine income, financial worth
and qualifications.
(2) On a three-year cycle, but not later than October 15 of that third taxable
year, unless otherwise approved by the commissioner of the revenue for good
cause shown, the person or persons claiming an exemption must file a real estate
tax exemption statement with the commissioner of the revenue. The statement
20
shall set forth, in a manner prescribed by the commissioner, the location and
assessed value of the property, the names of related persons occupying the
dwelling for which exemption is claimed, the gross .combined incomes of such
persons, the net combined financial worth of such persons, the age or nature of
the disability of the applicant and, if the person is eligible for Social Security, a
certification by the Social Security Administration or, if such person is not eligible
for social security, a sworn affidavit by two medical doctors licensed to practice in
the state, to the effect that such person is permanently and totally disabled as
defined in subsection (b)(2)b. of this section.
(3) On such years as a real estate tax exemption statement is not required to be
filed with the commissioner of the revenue pursuant to subsection (e)(2), above,
the person or persons claiming an exemption shall file an affidavit certifying that
no information contained in the statement or last preceding affidavit has changed
to violate the limitations and conditions provided in this section.
(f) Any person who has title to real estate transferred to his name after he
becomes permanently and totally disabled or reaches age sixty-five, solely for
purposes of obtaining the benefits permitted under this section, shall be
disqualified from obtaining the exemption created by this section.
(g) When the person or persons claiming exemption do not qualify for said
exemption based upon the previous year's income limitations and financial worth
limitations, such person may, nonetheless, qualify for the current year by filing an
affidavit with the commissioner of the revenue that clearly shows a substantial
change in circumstances, that was not volitional on the part of the individual to
become eligible for the exemption, and will result in income and financial worth
levels that are within those set forth in subsection (d) of this section. Such
exemption by the commissioner of the revenue shall be conditioned upon the
individual filing another affidavit at the end of the year in which the exemption is
granted showing that the actual income and financial worth levels were within the
limitations set forth in subsection (d) of this section. If the actual income and
financial worth levels exceed the limitations set forth in this section, any exemption
shall be nullified for the current taxable year and the taxable year immediately
thereafter.
(h) This section shall apply to tax bills due in December 2023, and semiannually
thereafter until amended or repealed. (5-17-18; 10-15-20; 8-17-23.)
The motion was adopted unanimously (5-0) with Supervisors McCarty, Acree,
Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting
against the motion.
COUNTY ADMINISTRATOR'S REPORT
County Administrator Keaton reminded the Board that its retreat has been set for
all day on October 25, 2023 at the Hampton Roads Planning District Commission
Building in the 757 Room.
21
Staff were encouraged to be specific on what the County is asking for related to
legislative priorities.
The Board is to receive a report at its retreat from the Chairpersons of the various
boards/commissions/committees. Those that the Board has additional questions
for are to be invited to a future work session.
The subject of area pharmacy operating hours came up for discussion and County
Administrator Keaton advised that there are no regulations if a pharmacy is closed
for less than a week. He stated a guidance document has been developed for the
public that states if a pharmacy is going to have frequent occurrences of being
closed, then some effort needs to be made for the public to inform them. He stated
that while the guidance document is not a regulation, it does provide guidance to
pharmacies for better business practices.
Staff were directed to contact the various pharmacies in regard to their hours of
operation and that their hours be listed on the County's website.
The following matters for the Board's information were highlighted:
Delinquent Tax Collections —July 2023
Cash Position —July 2023
Statement of Treasurer's Activity —July 2023
Incidents by Zone Map — August 2023
Incidents by Zone Data —August 2023
Station Activity Report — August 2023
Museum Report —August 2023+
County Administrator Keaton was requested to inquire about one -lane paving
efforts on Smith's Neck Road.
UNFINISHED/OLD BUSINESS
A. Application of Carver Solar I, LLC (CUP-6-22), Applicant, and Carter R.
Clements, Joyce G. Clements, Travis W. Williams, Lewis Clarence Lee Trust
(Clarence Lee Lewis, Trustee), Joshua Pretlow, Jr., Garrison Farm Solar LLC,
Delman Lew Carr Trust (Delman Lew Carr, Trustee), Chester G. Carr Trust
(Glenn and Susan S. Carr, Trustees), Helene Johnson Hobbs, Joest Properties,
LLC, Scott L. Thomason, Carla A. Thomason, James K. Edwards, Marsha F.
Edwards, Cobb Land Limited Partnership, Troy L. Robinson, and Margaret F.
Robinson, Property Owners, for a Conditional Use Permit to Establish a Major
Utility Service, Specifically a 71 MW Utility Scale Solar Energy Facility and
Substation, on 637 Acres Located on Yellow Hammer Road (Rte. 645),
Windsor Boulevard (Rte.460), Winston Drive (Rte. 639), Cut Thru Road (Rte.
22
638), Ecella Road (Rte. 639), Barrett Town Road (Rte. 641), Mill Creek Drive
(Rte. 638), and Antioch Road (Rte. 657) in the Rural Agricultural
Conservation, Conditional General Commercial, and Conditional Rural
Residential Zoning Districts.
Ms. Ring provided background information and advised that the Board last
considered this application at their February 23, 2023 regular meeting at which
time a motion was made and had failed by a vote of (3-2) to approve the request
with the recommended conditions. She went on to advise that the Board, at its
August 4, 2023 regular meeting, had voted to rescind action of the Board's February
23, 2023 vote (4-0). In conclusion, in advance of its August 17, 2023 meeting, the
applicant proposed several amendments to the conditions originally considered by
the Board at its February 2023 meeting.
Ms. Ring reviewed the proposed changes to the conditions as follows:
1. On Parcel ID No. 45-01-059 at the corner of Yellow Hammer Road and
Deerfield Drive, applicant shall establish 1,200 linear feet of six (6) rows of plantings
which is shown in the concept plan as "Double Enhanced Vegetation." This buffer
location and orientation will be reviewed in detail at site plan review but the design
and location as stated herein is binding upon the applicant and will only be
modified at the direction of the Director of Community Development (Condition 4).
2. Along the boundary of Parcel ID No. 53-01-022 that abuts Parcel ID Nos. 53-
01-023 and 53-01-024 (Antioch Baptist Church property), applicant shall establish
600 linear feet of six (6) rows of plantings which is shown in the concept plan as
"Double Enhanced Vegetation." This buffer location and orientation will be
reviewed in detail at site plan review but the design and location as stated herein
is binding upon the applicant and will only be modified at the direction of the
Director of Community Development (Condition 4).
3. The substation shall be set back a minimum of 125 feet from all property
lines external to the project and shall be set back 250 feet from any non-
participating residential structures.
4. The setback from all solar arrays and other associated structures from Parcel
ID No. 53-01-024 which contains a cemetery, shall be 100 feet.
5. The project fence shall be set back at least 340 feet from the northernmost
corner of Parcel ID No. 45-01-059 at the intersection of Deerfield Drive and Yellow
Hammer Road as depicted in the concept plan.
6. The maximum area of prime soils and soils of statewide importance used for
solar facilities has yet to be met as of the date of approval of this CUP. Pursuant to
the approval of this CUP, this Project is deemed to have satisfied Article V, Section
M(4)(k) of the Isle of Wight Zoning Ordinance.
7. A sealed dry -waste container shall be maintained at the facility for the
disposal of any damaged solar panels throughout the life of the facility.
23
8. The applicant shall implement a program for the collection of baseline data
establishing pre -construction soil conditions for the production of row crops for the
agricultural areas within the project area. The program shall establish the relevant
characteristics of the topsoil. The baseline data shall be derived from field and
laboratory testing of soil conditions, including depth, density and quality from
representative locations. Laboratory testing shall be conducted by an accredited
laboratory. Parameters for assessing soil quality may include the following:
infiltration rate, bulk density, water holding capacity, pH, percent organic matter,
cation exchange capacity, Phosphorous/Phosphate (P), Nitrogen (N), and
Potassium/Potash (K). After 30 years of operation and again after 35 years of
operation, soil conditions shall be determined for the same sampling locations
using the same parameters and the results used to plan soil restoration activities.
After equipment is removed as part of decommissioning, soil conditions shall be
determined for the same sampling locations using the same parameters. Soil
restoration activities shall be performed as necessary during operations or
decommissioning to return soil conditions to at least baseline conditions. The
County will be provided with data of soil conditions within 30 days after the receipt
of the results.
9. At least once per month during operations, litter that may have accumulated
between the fence and the right-of-way of Highway 460 shall be collected and
disposed of.
10. The use of all pesticides, herbicides and insecticides shall be prohibited,
except those that are approved for commercial applications may be used pursuant
to an approved herbicide and/or insecticide management plan prepared by a
licensed professional that is submitted to, and approved by, the Zoning
Administrator.
Supervisor Grice stated this is not the County's first solar project and we have
learned as we have gone along; however, he does hope this is one of the last ones
approved as other opportunities for energy are coming in the future.
Supervisor Rosie stated many, but not all questions have been answered on solar
impacts and that, at this time, he does not feel this is the right project.
Supervisor Jefferson remarked that the applicant has met all the requirements and
revenue received by farmers from their projects will allow them to live comfortably.
Supervisor Grice moved to approve the CUP incorporating the revised conditions
as presented. The motion was adopted (3-2) with Supervisors Jefferson, Grice and
McCarty voting in favor of the motion and Supervisors Rosie & Acree voting in
opposition to the motion.
County Attorney Jones presented a Siting Agreement for the Carver Solar Energy
Generation facility in which the applicant has agreed to make a voluntary cash
payment of $120,000 over a twenty-year period to be used for any County -related
capital expenditure. He stated that the applicant under the County's ordinance is
required to pay a Machinery & Tools tax, but under the Siting Agreement language
the applicant is offering to pay the greater of the Machinery & Tools tax or what
24
would have been collected had the County had a revenue sharing amount currently
that is based at $1,400 per mega watt per year.
Supervisor Grice moved to approve the Carver Solar Energy Generation Facility
Siting Agreement as presented. The motion was adopted (3-2) with Supervisors
Jefferson, Grice and McCarty voting in favor of the motion and Supervisors Rosie &
Acree voting in opposition to the motion.
B. Application (CBPA-2-23)of Michael and Katherine Gayle for a Chesapeake
Bay Preservation Area (CBPA) Ordinance Exception for an After -the -Fact
Approval of a Platform to Store Small Boats and Equipment with a Seating
Area in the Fifty -Foot Seaward Section of the Resource Protection Area (RPA)
Buffer at 1 Eagle Nest Lane
Shaunee Beussink, Environmental Planner, provided a recap of the after -the -fact
exception request and advised that staff recommends that the request be denied
as it is located in a Resource Protection Area. Further, in May of 2023, the Planning
Commission unanimously voted to recommend denial of the application. She
advised that the applicant has requested that voting on the request be delayed
until her husband could be in attendance.
County Administrator Keaton clarified that the item recommended for denial is
related to a small platform built in the Resource Protection Area. He advised that
a second issue exists that relates to repairs of the existing boat dock and extension
of an access to the boat dock and that application has not been considered and is
in the review process.
Chairman McCarty remarked that this is another case where the contractor should
have known better than to build in a Resource Protection Area.
County Attorney Jones advised that the County has secured a summons to the
contractor for working without a permit.
Supervisor Grice moved to deny the application. The motion was adopted (4-1)
with Supervisors Jefferson, Rosie, Grice and Acree voting in favor of the motion and
Chairman McCarty voting against the motion.
Following a ten-minute break, the Board returned to open session and Chairman
McCarty called for new business matters.
NEW BUSINESS
A. Application of Bur Investment LLC, applicant and owner, for an Exception to
Section 6-2010.A.1,2 and 3 of the Newport Development Service Overlay
(NDSO) District Regulations in the Zoning Ordinance for the Property Located
on Commerce Lane with Tax Map Number 42-06-006 for an Exception to the
NDSO Design Standards for Building Facades, Exterior Walls, Windows and
Building Materials
25
Trenton Blowe, Planner, provided background information on the exception
request related to project description, map location, elevations, building
orientation, views from the roadway, ordinance sections 6-2010.A.1.a; 6-
2010.A.2.a; 6-2010.A.3.a, exception criteria, staff analysis and strengths and
weaknesses. He relayed the Planning Commission's and staff's recommendations
to approve the request.
Vice -Chairman Acree moved to approve the application. The motion passed
unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisor voting against the motion.
B. Application of Advance Construction Development, LLC, Applicant and
Owner, for an Amendment to Conditional Zoning to Add Parcel 42-01-007D
to the Previously Approved Conditional Rezoning Application
Mr. Blowe provided background information on the application related to site
description and recommendation that no impervious or development will take
place on parcel 42-01-007D.
Supervisor Jefferson moved to approve the application. The motion passed
unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisor voting against the motion.
The School Board's request for a budget amendment in the amount of $603,163 to
address the School's Operating Budget shortfall for FY2022-23 was introduced by
County Administrator Keaton. He explained that the actual amount required from
the County is $512,446 because the School's had additional revenue of $90,715; a
shortfall in their ADM funds; and, increased revenue from sales tax.
Supervisor Grice expressed concern regarding the amount of time that it took the
School Board to address their $2.2 million shortfall with the Board when it was
discovered in February of 2023. He expressed concern that the School Board has
decided to have an internal audit versus a review board.
County Administrator Keaton advised the Board that if the County did appropriate
the funds, the County's auditors have advised that there would not be a finding on
the part of the County and it would not affect the County's credit rating. Secondly,
if the Board does appropriate the funds, the amount will be reduced because the
school's received additional revenue in the amount of $90,715 and the $512,446
portion from the County budget, if appropriated by the Board, would go back into
the School's budget. If not appropriated by the Board, it would mean that the
deficit from last year and that amount would need to be made up sometime during
the FY2024.
Dr. Cramer, School Superintendent, advised that there will be an independent audit
from the State of Virginia. The shortfall was due to salary increases in the Operating
Fund within the Transportation Department, substitute services remain budgeted
W
at the pandemic level at $445,000 and the enrollment for daily membership came
in at 108 students less than initially projected. Regarding why the School Board did
not reach out to the Board about the deficit was that school personnel made every
effort to absorb the deficit shortfall within the Operating Budget, and the schools
did not know the depth of the shortfall at the time. He advised that the School
Board was alerted about the shortfall in February of 2023.
Supervisor Grice remarked that he was prepared to recommend the Board allocate
the shortfall, with the string attached to have a full review board made up of key
individuals in the County and the School Division. He stated that in good faith, he
cannot vote to allocate $603,163 until a review board is developed.
County Administrator Keaton referred to an alternative resolution for the Board's
consideration that would appropriate $90,714 to the transportation category of the
School's Operating Budget which equals the additional revenue the School Division
received from the State in their budget.
Chairman McCarty inquired what steps will be taken to ensure this does not happen
in the future.
Dr. Cramer advised that corrections were made by accurately budgeting for those
areas in the 2023-24 budget.
Supervisor Grice moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE BUDGET AND APPROPRIATE FUNDS TO ADDRESS THE
COUNTY SCHOOLS OPERATING BUDGET SHORTFALL FOR FY2022-2023
WHEREAS, the Board of Supervisors appropriated funding by category for the Isle
of Wight County School Board for the 2022-2023 school year; and,
WHEREAS, the Schools' Budget is insufficient to cover costs in the Transportation
category for salaries and Instruction category for substitutes; and,
WHEREAS, the School Board has requested an additional local appropriation of
$90,714 for the Transportation category in the Schools Operating Budget for
FY2022-2023 to cover the budgetary shortfall.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Isle of Wight Virginia that the FY2022-2023 Schools Budget be amended, and funds
appropriated in the amount of $90,714 for the Transportation category.
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.
The motion was adopted unanimously with Supervisors McCarty, Acree, Grice,
Jefferson, and Rosie voting in favor of the motion and no Supervisor voting against
the motion.
27
ADJOURNMENT
At 8:00 p.m., Vice -Chairman Acree declared the regular meeting adjourned.
bju� dJ5 5��_
Carey Mills Storm, Clerk
W