6-15-2023 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 FIFTHTEENTH DAY OF JUNE 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
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
County Attorney Jones requested a closed meeting pursuant to Section 2.2-3711(A)
of the Code of Virginia on the following: Consultation with legal counsel employed
by the Board regarding specific legal matters requiring the provision of legal advice
by such counsel, namely negotiations of siting agreements applicable to solar
projects, and requirements to hold special elections, 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; and,
a discussion regarding the performance of specific County departments and
employees, to include Emergency Services, pursuant to subsection 1.
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Supervisor Jefferson moved to enter the closed meeting for the reasons stated by
County Attorney Jones. The motion was unanimously adopted (5-0).
At 6:00 p.m., Vice -Chairman Acree moved that the Board reconvene into open
session which passed by unanimous vote (5-0).
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain confidential,
as provided under the Virginia Freedom of Information Act, and that such matters as
were discussed in closed meeting should not be acted upon or discussed in public by
any participant unless and until a public, formal action of the Board of Supervisors is
taken on that particular subject matter.
Upon motion of Supervisor Jefferson and all voting in favor (5-0), the following
Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of the
Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this
Board of Supervisors that such closed meeting was conducted in conformity with
Virginia law.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Grice, McCarty, Rosie and Jefferson
N
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION
Supervisor Rosie delivered the invocation followed by the Pledge of Allegiance to
the American flag.
APPROVAL OF AGENDA
Chairman McCarty moved that the agenda be adopted as amended to include
under Old Business a discussion of the Board regarding a letter received from Camp
Community College in response to the Board's letter and a discussion under New
Business concerning a joint session with the School Board regarding matters that
have come to the Board's attention. The motion was unanimously adopted with
Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion
and no Supervisors voting against the motion.
CITIZENS' COMMENTS
Herb DeGroft of Mill Swamp Road (District S) addressed the Board regarding cost
control management within the School Division. He suggested that the school's
budget be reduced by a couple hundred thousand dollars under the personnel line
item.
CONSENTAGENDA
Supervisor Jefferson moved to approve the Consent Agenda as follows:
RESOLUTION TO AMEND THE FY 2022-23 GRANT FUND BUDGET AND
APPROPRIATE FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY FOR
FEDERAL ASSET FORFEITURE
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WHEREAS, the County has been awarded funding from the Department of
Homeland Security from the Federal Asset Forfeiture Program; and,
WHEREAS, the Board of Supervisors desires to amend the FY 2022-23 Grant Fund
Budget and appropriate funds in the amount of $19,023 from the Department of
Homeland Security for allowable expenditures by the Sheriff's Office.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2022-23 Grant Fund Budget is hereby amended and
funds appropriated in the amount of $19,023 for allowable expenditures by the
Sheriff's Office.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia, is authorized to make the appropriate accounting adjustments and to do
all things necessary to give this resolution effect.
RESOLUTION TO AMEND THE FY 2022-23 CAPITAL FUND BUDGET AND
APPROPRIATE FUNDS FOR LAWNES POINT ON THE JAMES ROAD REPAIR
WHEREAS, the County has received settlement funds for Lawnes Point on the
James road repairs; and,
WHEREAS, the Board of Supervisors desires to amend the FY 2022-23 Capital Fund
Budget and appropriate funds in the amount of $781,259 from the bond settlement
to prepare roads for Virginia Department of Transportation acceptance.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2022-23 Capital Fund Budget is hereby amended, and
funds appropriated in the amount of $781,259 for road repairs.
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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RESOLUTION TO AMEND AND REALIGN THE ISLE OF WIGHT COUNTY SCHOOL
CATEGORICAL BUDGET 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 School Board has identified the need to realign the budget for
transportation payroll and operating costs for FY2022-2023 based on updated end
of the year payroll and operational estimates.
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 realigned
categorically as listed below:
Category — Educational
Categories
2022-2023
Appropriation
Category
Adjustment
2022-2023
Revised
Appropriation
Instruction
$50,903,729
$(250,000)
$50,653,729
Administration,
Attendance & Health
$3,202,863
$(100,000)
$3,102,863
Pupil Transportation
$4,491,197
$450,000
$4,941,197
Operation &
Maintenance
$6,618,041
$(50,000)
$6,568,041
Debt & Fund Transfers
$446,977
$446,977
Technology
$2,329,885
$(50,000)
$2,279,885
Total General Fund
$67,992,692
$67,992,692
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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RESOLUTION TO AMEND THE BUDGET AND APPROPRIATE BAYER FUND GRANT
FUNDS TO THE COUNTY SCHOOLS INSTRUCTIONAL BUDGET CATEGORY 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 Bayer Fund approved an America's Farmer Grow Communities
donation in the amount of $5,000 to the Isle of Wight County Schools; and,
WHEREAS, funding in the amount of $5,000 needs to be appropriated to the
Instructional Category in the FY2023-2023 Schools Budget.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Isle of Wight Virginia that the FY2022-2023 Budget be amended, and funds
appropriated in the amount of $5,000 to the Instructional Category in the FY2023-
2023 Schools 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.
RESOLUTION TO AMEND THE BUDGET AND APPROPRIATE GRANT FUNDS TO THE
COUNTY SCHOOLS INSTRUCTIONAL BUDGET CATEGORY 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 Commonwealth of Virginia revised Title I, Part A, and Title I, Part D,
Subpart 2 2022-2023; Title IV, Part A 2022-2023; and Title III 2022-2023 allocations;
and,
WHEREAS, the School Board has received additional State funding in the amount
of $186,912 for FY2022-2023.
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 to the Instructional Category as listed below:
Category - Educational
Grants Fund
2022-2023
Appropriation
Change in
Appropriation
2022-2023
Revised
Appropriation
Title IV Part A
$ 47,980
$ 13,421
$ 61,401
Title 1
$ 758,560
$ 173,333
$ 931,893
Title III
$ 4,630
$ 158
$ 4,788
Total General
Fund
$ 811,170
$ 186,912
$ 998,082
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 OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY
VIRGINIA, REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO
INCLUDE CERTAIN STREETS IN THE SYSTEM OF STATE HIGHWAYS
WHEREAS, street construction in the Benn's Grant Subdivision, Phase 1013-3 has
been completed; and,
WHEREAS, the streets of Benn's Grant Subdivision, Phase 10B-3 meet the public
service criteria of the Subdivision Street Requirements; and,
WHEREAS, the development sketch and VDOT Form AM 4.3, attached and
incorporated herein as part of this resolution, define additions required in the
Secondary System of State Highways as a result of construction; and,
WHEREAS, certain segments identified on the incorporated Form AM 4.3 are ready
to be accepted into the Secondary System of State Highways.
NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Isle of Wight
County, Virginia requests the Virginia Department of Transportation to add the
segments identified on the incorporated Form AM 4.3 to the Secondary System of
State Highway, pursuant to Section 33.2-705 of the Code of Virginia, for which
segments the Board hereby guarantees the right of way to be clear and
unrestricted, including any necessary easements for cuts, fills, and drainage.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to
the Virginia Department of Transportation.
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO
APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S
SECONDARY SIX -YEAR IMPROVEMENT PROGRAM FOR FY2024 THROUGH FY2029
WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provide
the opportunity for each county to work with the Virginia Department of
Transportation (VDOT) in developing a Secondary Six -Year Improvement Program
(SSYIP); and,
WHEREAS, the Board of Supervisors has held a public hearing on the proposed Plan
(FY2024-FY2029), in accordance with VDOT policies and procedures, on June 15,
2023, an all citizens of the County had the opportunity to make comments and
recommendations concerning the proposed Program; and,
WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred
with the proposed SSYIP (FY2024-FY2029).
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of
Isle of Wight, Virginia that the Secondary Six- Year Improvement Program for
FY2024-2029 is hereby approved, as presented at the public hearing.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to execute all Program documents and make such accounting
adjustments and execute such agreements and contracts for projects as necessary
to proceed with the Program as approved.
RESOLUTION TO PETITION THE ISLE OF WIGHT CIRCUIT COURT FOR AN ORDER
THAT NO SPECIAL ELECTION TO FILL AN UPCOMING CONSTITUTIONAL OFFICE
VACANCY IS NEEDED
WHEREAS, Judith Wells is the duly elected Treasurer for Isle of Wight County,
Virginia, having last been elected on the 5th, day of November 2019, as certified by
the Virginia State Board of Elections.
WHEREAS, Mrs. Wells' current term of office is set to expire December 31, 2023;
and
WHEREAS, on April 3, 2023, Judith C. Wells, the Treasurer for Isle of Wight County,
Virginia, submitted her written intention to resign her position as Treasurer,
effective July 1, 2023; and
WHEREAS, Section 24.2-228.1(B) of the Code of Virginia, 1950, as amended,
provides that "If a vacancy in any elected constitutional office occurs within the 12
months immediately preceding the end of the term of that office, the governing
body may petition the circuit court to request that no special election be ordered;
and
WHEREAS, in this case, the vacancy of office occurs within 6 months immediately
preceding the end of Mrs. Wells' term; and
WHEREAS, the Board of Supervisors desires to petition the Circuit Court of the
County of Isle of Wight for entry of an Order that no special election shall be held
pursuant to Virginia Code § 24.2-228.1(B).
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of
Supervisors, that the County Attorney is hereby authorized to petition the Circuit
Court of Isle of Wight County, Virginia for the entry of an Order pursuant to Section
24.2-228.1(B) of the Code of Virginia, 1950, as amended, determining that no
special election be ordered to fill the vacancy in the Constitutional Office of the
Treasurer.
Minutes
- April 6, 2023 Work Session Minutes
- April 13, 2023 Work Session Minutes
- April 27, 2023 Budget Work Session Minutes
The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson,
Rosie and Grice voting in favor of the motion and no Supervisors voting against the
motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
None were offered.
APPOINTMENTS
Chairman McCarty motioned that Joshua Martin Goodin be reappointed to serve
on the Board of Building Appeals representing District 2. The motion was
unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisors voting against the motion.
SPECIAL PRESENTATIONS
Justin Pope, State representative for local affairs with Dominion Energy, provided
an overview of the DEV Smart Meter/AMI program.
COUNTY ATTORNEY'S REPORT
County Attorney Jones notified the Board that he had amended the Planning
Commission's bylaws to contain a provision prohibiting citizens' comments on
items following a public hearing that had been heard and closed, but no action
taken upon.
Supervisor Grice moved to approve the amendment to the Planning Commission's
bylaws. The motion was unanimously adopted with Supervisors McCarty, Acree,
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Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting
against the motion.
County Attorney Jones informed the Board that Judy Wells has announced her
retirement from her constitutional office as Treasurer for the County effective July
1, 2023. He continued that per Virginia Code if any vacancy in a constitutional office
occurs within 12 months immediately preceding the end of that term of office, the
governing body can petition the Circuit Court to request that no special election be
ordered and he believes it would be prudent to not call for a special election.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO PETITION THE ISLE OF WIGHT CIRCUIT COURT FOR AN ORDER
THAT NO SPECIAL ELECTION TO FILL AN UPCOMING CONSTITUTIONAL OFFICE
VACANCY IS NEEDED
WHEREAS, Judith Wells is the duly elected Treasurer for Isle of Wight County,
Virginia,
having last been elected on the 5th, day of November 2019, as certified by the
Virginia State Board of Elections.
WHEREAS, Mrs. Wells' current term of office is set to expire December 31, 2023;
and
WHEREAS, on April 3, 2023, Judith C. Wells, the Treasurer for Isle of Wight County,
Virginia, submitted her written intention to resign her position as Treasurer,
effective July 1, 2023; and
WHEREAS, Section 24.2-228.1(B) of the Code of Virginia, 1950, as amended,
provides that "If a vacancy in any elected constitutional office occurs within the 12
months immediately preceding the end of the term of that office, the governing
body may petition the circuit court to request that no special election be ordered;
and
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WHEREAS, in this case, the vacancy of office occurs within 6 months immediately
preceding the end of Mrs. Wells' term; and
WHEREAS, the Board of Supervisors desires to petition the Circuit Court of the
County of Isle of Wight for entry of an Order that no special election shall be held
pursuant to Virginia Code § 24.2-228.1(B).
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of
Supervisors, that the County Attorney is hereby authorized to petition the Circuit
Court of Isle of Wight County, Virginia for the entry of an Order pursuant to Section
24.2-228.1(B) of the Code of Virginia, 1950, as amended, determining that no
special election be ordered to fill the vacancy in the Constitutional Office of the
Treasurer.
The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson,
Rosie and Grice voting in favor of the motion and no Supervisors voting against the
motion.
County Attorney Jones reminded the Board that, at its February meeting, it had
considered the Conditional Use Permit and Siting Agreement with Carver Solar but
had not acted upon it which remains as Old Business items. He advised the Board
that representatives of Carver Solar are agreeable with those items being set on
the Board's agenda as soon as possible.
Supervisor Grice moved that the Carver Solar, LLC Siting Agreement be moved for
consideration by the Board at its December 14, 2023 meeting. The motion was
unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisors voting against the motion.
PUBLIC HEARINGS
A. Resolution to Approve the VDOT FY2024-2029 Secondary Six -Year
Improvement Plan
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Jamie Oliver, Transportation Administrator, presented the VDOT FY2024-2029
Secondary Six Year Improvement Plan.
Chairman McCarty opened the public hearing and called for those wishing to speak
in favor of or in opposition to the Plan.
Following no one appearing to speak, Chairman McCarty closed the public hearing
and asked for Board comments.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO
APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S
SECONDARY SIX -YEAR IMPROVEMENT PROGRAM FOR FY2024 THROUGH FY2029
WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provide
the opportunity for each county to work with the Virginia Department of
Transportation (VDOT) in developing a Secondary Six -Year Improvement Program
(SSYIP); and,
WHEREAS, the Board of Supervisors has held a public hearing on the proposed Plan
(FY2024-FY2029), in accordance with VDOT policies and procedures, on June 15,
2023, an all citizens of the County had the opportunity to make comments and
recommendations concerning the proposed Program; and,
WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred
with the proposed SSYIP (FY2024-FY2029).
NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of
Isle of Wight, Virginia that the Secondary Six- Year Improvement Program for
FY2024-2029 is hereby approved, as presented at the public hearing.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to execute all Program documents and make such accounting
adjustments and execute such agreements and contracts for projects as necessary
to proceed with the Program as approved.
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The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson,
Rosie and Grice voting in favor of the motion and no Supervisors voting against the
motion.
B. Application (ZA-1-23) of 3BS LLC, Property Owner, and Steven J. and Dristen
M. Lander, Applicants, for a Change in Zoning Classification of 1.98 Acres
from Rural Agricultural Conservation (RAC) to Conditional -Suburban
Residential (C-SR) to create One Lot for Single Family Residential Use
Sandy Robinson, Planning & Zoning, provided background information on the
rezoning request.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed request.
Bryan Babb of Shiloh Drive requested approval.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Acree moved that the request be approved. The motion was
unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisors voting against the motion.
C. 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 background information on
the exception request.
Chairman McCarty opened the public hearing and called for citizens to speak in
favor of or in opposition to the application.
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Catherine Gayle, property owner, advised that her husband is currently away on
military exercises and asked that no action be taken at this time and that the
exception be tabled until the Board's August 17, 2023 meeting.
There was general discussion about the possibility of holding the contractor
responsible and it was understood that many times the owner is not aware of
permitting rules and the contractors are taking advantage of the owners that don't
know what the law is.
Chairman McCarty closed the public hearing.
Supervisor Grice moved that the exception requested be tabled to the Board's
August 17, 2023 meeting. The motion was unanimously adopted with Supervisors
McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no
Supervisors voting against the motion.
D. Application (SUB-29-23) of James M. Ensley, Property Owner, to Vacate the
"Dedicated Recreation Area" of Butler's Point Section Two to Allow Single
Family Residential Use of the Parcel
Ms. Robinson provided an overview of the application and informed the Board of
staff's recommendation that the application be approved contingent on the
approval of a well and wastewater system and that there be no objection from the
property owners in the subdivision.
Chairman McCarty opened the public hearing and requested those to speak in favor
of or in opposition to the application.
Attorney Al Jones, representing the applicant, advised that the applicant cannot
build on the lot with "recreational use" stamped on the plat. He advised that there
would be no additional drainage on adjoining landowner's home and he requested
that the Board favorably approve the application. Ten people in the audience stood
in support of the application.
Supervisor Jefferson moved that the dedicated recreational area be vacated. The
motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson,
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Rosie and Grice voting in favor of the motion and no Supervisors voting against the
motion.
Following a break, Chairman McCarty called for a public hearing on the following
application:
E. CUP-1-23 Hampton Roads Classical, Inc. Conditional Use Permit Application
and Extinguish CUP-4-21 and CUP-9-21 Application (CUP-1-23) of Hampton
Roads Classical, Inc., Applicant, Represented by P. A. Gist, President, and
Bens Saint Luke, LL, Property Owner, Represented by Vincent C. Carollo,
Principal for a Conditional Use Permit for a Primary and Secondary
Educational Facility in Two Existing Buildings and a Request by the Property
Owner to Extinguish an Active Conditional Use Permit for Kids Come First
Daycare and a Conditional Use Permit for Smithfield Sports Complex on the
Same Parcel Located at 14353 Benns Church Boulevard
Jeryl Phillips, Assistant Director of Planning & Zoning, explained the application in
detail, followed by the recommendations of the staff and the Planning Commission.
Chairman McCarty opened the public hearing and called for citizens to speak in
favor of or in opposition to the application.
Vincent Corolla, applicant, requested approval of his application.
Andy Guest, Headmaster and President, Hampton Roads Classicals, provided a brief
history of the academy.
Jim Caska, Hampton Roads Classicals, speaking on behalf of numerous families,
requested the Board to approve the application.
Following closure of the public hearing, Chairman McCarty moved to approve the
application with all components. The motion was unanimously adopted with
Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion
and no Supervisors voting against the motion.
F. Proposed Revisions to Article 5, "Development Standards," of the Isle of
Wight County Subdivision Ordinance
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Amy Ring, Community Development Director, brought the Board up to date on the
background of the proposed revisions following a summary of all revisions.
Chairman McCarty called for persons to speak in favor of or in opposition to the
proposed revisions.
Upon no one appearing to speak, Chairman McCarty called for Board comments.
Supervisor Rosie moved to approve as presented. The motion was unanimously
adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor
of the motion and no Supervisors voting against the motion.
G. Prairie Solar, LLC Siting Agreement
County Attorney Jones provided background information on the Siting Agreement
and asked that this matter be tabled to further down on tonight's agenda under
Old Business following the CUP-7-22 Prairie Solar, LLC Conditional Use Permit
Application and Agricultural & Forestal District Withdrawal Request (Longview A/F
District).
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the Siting Agreement.
Scott Foster of Richmond commented that the Siting Agreement represents the net
present value of the lifetime payments under a revenue share ordinance.
Chairman McCarty closed the public hearing and called for Board comments.
Supervisor Acree moved to table the item following the CUP-7-22 Prairie Solar, LLC
Conditional Use Permit Application and Agricultural & Forestal District Withdrawal
Request (Longview A/F District) under Old Business. The motion was unanimously
adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor
of the motion and no Supervisors voting against the motion.
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COUNTY ADMINISTRATOR'S REPORT
Updates on Bradby Park and Tyler's Beach were provided by staff member Michael
Frickanisce, Director of Parks and Recreation.
Updates on the Carrollton and Rushmere Volunteer Fire Departments were
provided by staff member Tony Wilson, Public Works Administrator.
The Board was requested to respond back with available dates for a retreat.
UNFINISHED/OLD BUSINESS
Following a presentation by Mr. Campbell with Blue Lines Solutions, Chairman
McCarty requested County Administrator Keaton to contact VDOT and request that
a school zone sign be installed on New Town Haven Road.
Chairman McCarty asked staff to investigate and report back why he has not
received a response from the Smithfield Mayor to his recent letter asking for a
Memorandum of Understanding between the County, the Town of Smithfield and
the Town of Windsor.
Following a short break, the Board generally discussed the Smithfield Water
Agreement. The consensus was for staff to continue moving forward with the
Agreement.
Ms. Phillips reviewed the 22 proposed conditions associated with the CUP-7-22
Prairie Solar, LLC Conditional Use Permit Application and Agricultural & Forestal
District Withdrawal Request (Longview A/F District).
Alexis Ondash, Energy Renewables, reviewed amended Conditions #18 and #19.
Supervisor Grice moved to approve the application of Prairie Solar, LLC, a Subsidiary
of Energix, US, Applicant, and Everets Properties, Inc., Property Owner, for a
Conditional Use Permit to Establish a Major Utility Service, Specifically a 20 MWac
Utility -Scale Solar Facility, on 152 Acres Located at 19604 Longview Drive in the
Rural Agricultural Conservation (RAC) Zoning District and a Request for Withdrawal
of Approximately 103 Acres of Land Owned by Everets Properties, Inc., from the
Longview Agricultural/Forestal District. The motion was unanimously adopted with
Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion
and no Supervisors voting against the motion.
Supervisor Grice moved to approve the Prairie Solar, LLC Siting Agreement. The
motion was unanimously (5-0) adopted with Supervisors Rosie, Jefferson, McCarty,
Grice and Acree voting in favor of the motion and no Supervisor voting against the
motion.
Chairman McCarty requested County Administrator Keaton to set up a meeting
consisting of himself, Supervisor Grice and County Administrator Keaton with Camp
College representatives concerning the utilization of a County -owned facility
provided to them at no cost.
NEW BUSINESS
A. EXC-6-23 Vance Subdivision Ordinance Waiver Request
Ms. Robinson provided an overview of the request followed by the
recommendations of staff and the Planning Commission.
Chairman McCarty moved to approve the waiver request. The motion was
unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
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voting in favor of the motion and no Supervisors voting against the motion.
B. Application EXC-7-23 of Phillip H. Gibson, Jr. Property Owner, for a Height
Exception to Section 5-2000.D.2 of the Zoning Ordinance for a Proposed
Accessory Structure (Two Story Garage), to be Located at 16065 Mill Swamp
Road Which will Exceed the Maximum Height Permitted of 125% of the
Single -Story Principal Structure by Three Feet
Ms. Robinson provided an overview of the application followed by
recommendations of staff and Planning Commission.
Attorney Bill Riddick appeared representing the application and advised that if this
were a standard two-story house, Mr. Vance could build it by right. He further
advised that the house next door is taller.
Supervisor Jefferson moved to approve the application. The motion was
unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice
voting in favor of the motion and no Supervisors voting against the motion.
Request of Riverside Smithfield Hospital, Property Owner, to Amend the
Conditional Zoning for Property Located at 19339 Benns Church Boulevard
in the Conditional General Commercial (G-GC) Zoning District to Remove the
Requirement to Construct the Northern Access Road
Ms. Ring explained the request in detail and gave the recommendations of staff
and the Planning Commission.
Russell Parish, Senior Project Manager, responded to concerns related to siren
noise, lighting and access roads into the hospital to serve emergency vehicles,
visitors and deliveries.
Supervisor Acree moved that the conditional zoning amendment be approved. The
motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson,
Rosie and Grice voting in favor of the motion and no Supervisors voting against the
motion.
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Supervisor Jefferson moved that a public hearing on the matter be waived. The
motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson,
Rosie and Grice voting in favor of the motion and no Supervisors voting against the
motion.
Chairman McCarty requested a joint meeting with the School Board regarding
matters which have recently come to the attention of the Board.
The consensus was to conduct a joint meeting with the School Board and to receive
an update on Hardy Elementary School.
ADJOURNMENT
At 10:45 p.m., Chairman McCarty declared the regular meeting adjourned.
I '
Carey ' Is S orm, Clerk
C,
William M. C ty, Sr., Chairman
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