1-16-2020 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 SIXTEENTH DAY OF JANUARY IN THE YEAR TWO
THOUSAND AND TWENTY
PRESENT:
Joel C. Acree, Windsor District, Chairman
Richard L. Grice, Smithfield District, Vice Chairman
Rudolph Jefferson, Hardy District
William M. McCarty, Newport District
Don G. Rosie, II, Carrsville District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey Mills Storm, Clerk
CALL TO ORDER
Chairman Acree called the Board of Supervisors' regular meeting to order at 5:00
a.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor McCarty moved that the Consent Agenda be adopted as presented.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a
discussion regarding the appointment of specific appointees to County boards,
committee or authorities; pursuant to Section 2.2-3711(A)(3) concerning a
discussion regarding the acquisition of real property for public purposes, where
discussion in an open meeting would adversely affect the bargaining position or
negotiating strategy of the Board; pursuant to Section 2.2-3711(A)(8) regarding
consultation with legal counsel employed or retained by the Board regarding
specific legal matters requiring the provision of legal advice by such counsel
including (a) Virginia Code Sec. 46.2-752, (b) Public Comments, (c) FOIA pursuant
to subsection 8; pursuant to Section 2.2-3711(A)(7) regarding consultation with
legal counsel regarding actual and probable litigation where such consultation
would adversely affect the negotiating or litigation posture of this public body;
and, pursuant to Section 2.2-3711(A)(1) regarding a discussion regarding the
performance of a specific County employee, namely the County Attorney.
Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
entered the closed meeting for the reasons stated by County Attorney Jones.
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Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
reconvened into open meeting.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain
confidential, as provided under the Virginia Freedom of Information Act, and that
such matters as were discussed in closed meeting should not be acted upon or
discussed in public by any participant unless and until a public, formal action of the
Board of Supervisors is taken on that particular subject matter.
Upon motion of Supervisor 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, Jefferson, McCarty. Rosie
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Bob Neil, member of Hope Presbyterian Church, delivered the invocation and led
the Pledge of Allegiance to the American flag of the United States of America.
CITIZENS' COMMENTS
Albert Burckard of the Newport District requested the Board to waive its rule of
no comment during Citizens' Comments on a matter which has already been the
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subject of a previous public hearing where no final vote has been taken by the
Board.
Anthony D. Potts of Jefferson Avenue requested the Board to consider soil types
when developments are planned in the County.
Antonio Viadez requested a public apology from Vice Chairman Grice who
offended him at a recent meeting of the Carrollton Civic League.
Diane Rosoles of the Newport District requested the Board to encourage
developers to not bulldoze areas that they are developing; require new housing
areas to plant native trees; and, develop an ordinance to require that plants be
planted which benefit birds.
Lynn Faulkner of the Smithfield District recommended that the Board reach out
to the community and stay involved with County residents.
Jennifer Viadez inquired about meeting protocol.
Richard Gillerlain asked the Board to be respectful of citizens.
There being no one else signed up to speak, Chairman Acree called for comments
from the Board.
Supervisor Rosie remarked that he personally welcomes all matters brought
before the Board.
Vice Chairman Grice apologized to Mr. Viadez if any of his comments were
perceived by him as being inappropriate. He stated Mr. Viadez has a great deal to
contribute to this community.
Supervisor Jefferson encouraged anyone with concerns about developers and
natural resources to also address their concerns with developers.
Supervisor McCarty encouraged all citizens to become involved with the
Carrolton Civic League and the Isle of Wight Citizens Association.
Chairman Acree encouraged citizens to comment on how they would like to see
the Board's by-laws changed when the Board adopts its by-laws each year at its
organizational meeting.
CONSENT AGENDA
A. Resolution to Amend the FY 2019-2020 Grant Fund Budget and
Appropriate Funding in the amount of $2,187 for the Chick-Fil-A
Scholarship to Offset Program Registration Costs for Children in Need and
At -risk Youth Residing in Isle of Wight County
B. Resolution to Amend the FY 2019-2020 Operating Budget and Appropriate
Funding for the Blackwater River Park in the Amount of $19,189 to Address
Needed Improvements at the Blackwater River Park
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C. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp
Risk Management and GEICO for Repairs and Replacement of Vehicles and
Other County Property ($16,400)
D. Resolution to Amend the FY2019-20 Position Classification and
Compensation Plan to Abolish the Classification Titles of Director of
Inspections, Assistant Director of Planning and Zoning and Director of
Planning and Zoning and Adopt the Classification Titles of Assistant
Director of Community Development -Inspections, Assistant Director of
Community Development -Planning and Zoning and the Director of
Community Development
E. Memorandums of Agreement with Constitutional Officers
F. Minutes of October 17, 2019 Regular Meeting
Supervisor McCarty moved that the Consent Agenda be adopted as presented.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor McCarty moved that the agenda be amended to add a closed meeting
involving a personnel matter at the end of the meeting. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor McCarty reported that the issue of failing outfall ditches was
discussed at the most recent meeting of the Hampton Roads Planning District
Commission.
APPOINTMENTS
Vice Chairman Grice moved to reappoint Thomas Duerig to represent the
Smithfield District on the Planning Commission. The motion was adopted by a
vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved to reappoint James Ford to represent the Hardy
District on the Planning Commission. The motion was adopted by a vote of (5-0)
with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Chairman Acree moved to appoint Alan Turner to replace Howard Mandeville
representing the Windsor District on the Board of Building Appeals. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson
and McCarty voting in favor of the motion and no Supervisors voting against the
motion.
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Supervisor Jefferson moved to appoint Edith Shivers as the parent representative
on the Community Policy and Management Team. The motion was adopted by a
vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that Supervisor McCarty be appointed to serve on
the Hampton Roads Workforce Council. The motion was adopted by a vote of (5-
0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor McCarty moved that Vice -Chairman Grice be appointed to serve on
the Personnel Committee. The motion was adopted by a vote of (5-0) with
Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
Vice -Chairman Grice moved that Supervisor McCarty be appointed to serve on
the Hampton Roads Transportation Planning Organization. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
Vice -Chairman Grice moved that Supervisor McCarty be appointed to serve on
the Hampton Roads Transportation Accountability Commission. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
COUNTY ATTORNEY'S REPORT
County Attorney Jones provided an overview of suggested amendments to
Chapter 8 of the County's Solid Waste Ordinance and refuse and recycling
regulations.
Michael Etheridge, Solid Waste Manager, remarked that the proposed ordinance
amendments were developed in preparation of residential construction debris
being accepted at the County's convenience centers in February 2020.
County Attorney Jones requested the Board members to send any questions and
concerns to him.
Vice Chairman Grice moved that the County Attorney be authorized to move
forward with the ordinance amendments and the proposed refuse and recycling
regulations. The motion was adopted by a vote of (5-0) with Supervisors Acree,
Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Jones requested that the matter of proration of personal
property taxes be tabled until the Board's April 2, 2020 work session as the
General Assembly has several bills and amendments to that code section.
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Supervisor Rosie moved to table the matter to the Board's April 2, 2020 work
session. The motion was adopted by a vote of (5-0) with Supervisors Acree,
Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Following a recess, Chairman Acree called the meeting back to order.
PUBLIC HEARINGS
New Comprehensive Plan, Envisioning the Isle
Amy Ring, Director of Planning & Zoning, reviewed the timeline summarizing the
process associated with the new Comprehensive Plan entitled Envisioning the
Isle, a two -and -a -half-year process resulting from a community -led effort which
has been based on feedback received throughout the public review process. She
advised that the Planning Commission recommends that a reference be added to
new national historic district designation.
Richard Rudnicki, Assistant Director of Planning & Zoning, provided an overview
of the changes in the land use maps which reflects citizens' input throughout this
process.
Chairman Acree called for citizens to speak in favor of or in opposition to the
proposed Plan.
Albert Burckard of the Newport District spoke against the Plan in order to
preserve at least some of the rural and historical area that remains in Carrollton.
Thomas Finderson of the Newport District referred to Page 130 on the map
which depicts RAC and SE both in white color. He advised that the nesting area
for birds in the Channel Way area has declined and he proposed that the 130+
acres that is not part of the rezoning and owned by Mr. Garrett be removed from
the DSD and made a conservation area. He recommended development of a
chart on growth management showing housing and population from 1990 to
2010; a chapter on aging; and, more detailed mapping for soils, especially in the
DSDs.
Pat Clark of the Newport District recommended that the Plan not be adopted.
He stated land uses entitled Land Agricultural Conservation of development does
not address small residential uses in the rural agricultural conservation and
conservation development property. He stated there is not enough information
in the proposed Plan, and he recommended that staff review the use of
residential in RAC areas more carefully and use the descriptions in the old
Comprehensive Plan.
Ben Stagg of the Newport District recommended that the 30 acres owned by him
located by Gayle Way be added in.
Richard Gillerlain of the Newport District requested that his name listed as a
contributor in the Plan be removed as his contributions were ignored.
Chairman Acree closed the public hearing and called for comments from the
Board.
Supervisor McCarty suggested adjusting the color schemes on the map to make
them more distinct; adding details to the classification of soils to explain more
clearly what is allowed in certain areas; adding a chapter on aging; and, adding
language regarding preservation.
Supervisor Jefferson acknowledged the engagement of 1,600 citizens in the
development of the Plan and recognized staff for creating a plan that can be
amended as needed.
Supervisor Rosie recommended incorporating the comments offered tonight
before adopting the Plan. He recommended adding a section on aging and
looking at some of the preservation and adjusting the density in the Carrollton
and Newport areas. He remarked that the Plan is only a guide in managing the
County's growth.
Vice Chairman Grice recommended having a more comprehensive section
addressing the aging; incorporating areas designated as DSD; incorporating
language that encourages native plants and trees, particularly those that provide
feed for birds in the County; and, taking into consideration Mr. Gillerlain's
request to have his name removed as a contributor on the Plan.
Ms. Ring advised the most expedient way to address the concern with the native
species of birds and landscaping is to amend the existing landscaping ordinance
or to add an action step in the preserve the isle chapter
Chairman Acree remarked that while he does not want to give the perception
that the Board is in a hurry to approve the Plan, there does need to be guidelines
for the Board to go by for approving/denying applications.
Ms. Ring advised that a chapter on aging could be adopted as an appendix to the
Plan.
Vice Chairman Grice mentioned that he would like to see the Commission on
Aging as a participant.
County Administrator Keaton advised that there was a published soil survey in
1986 by the United States Department of Agriculture for the County which could
be added by reference into the Plan.
Mr. Rudnicki advised that Mr. Clark's comments regarding how conservation
development is addressed can be viewed on the Conservation Development page
in the Envision Chapter. He stated that the transportation study, which is an
appendix of the Plan, specifically looks at the proposed land use plan and what
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the traffic impacts of that are and identifies projects for the County to pursue.
Ms. Ring advised that the colors could be made more distinct by getting with the
graphic artist on the final document and ensuring that those colors are clear and
crisp.
Vice Chairman Grice moved that the Comprehensive Plan be adopted with the
recommended corrections from the Planning Commission subject to making the
colors in the land use map more distinct and clear; directing staff to conduct a
study on aging with potential adoption later; ensuring that there is a reference to
the soil study in the Plan; that it be added in the Plan and the Zoning Ordinance
under conservation areas, but the details are better served in the Zoning
Ordinance in the landscaping section (make it a mandate versus an option);
explanation of density definitions; and, that staff annually review the Plan. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
COUNTY ADMINISTRATOR'S REPORT
Assistant County Administrator Robertson provided an update on the Special
Needs Task Force. He advised that a mission statement has been drafted and
objectives outlined.
Supervisor Rosie briefed the Board on the proposed goals of the Task Force
which include expansion of I -Ride and other transportation; the expansion of
planning sources for programs and resources for adults 18 years and older; the
assistance to adults with special needs to gain employment; to connect
caregivers to resources and support; to develop a directory of resources; to help
families access programs and benefits; to provide events and programs for
special needs adults and caregivers to illustrate that the County is invested in this
population; to host a local special Olympics; and, to prevent isolation to adults
with special needs and their caregivers.
Assistant County Administrator Robertson provided an update on the 2020
General Assembly session and advised that letters of support have been
requested by Delegate Brewer regarding HB 561 which would give evacuation
routes consideration as a part of the Smart Scale Program, as well as a request
for a letter of support from Dominion Power regarding a HB that created the Grid
Transformation and Security Act of 2018 and advocates authority from the State
to allow Dominion to implement this program.
County Attorney Jones advised that HB 1414 encompasses the registration fees
and he requested the Board to authorize Assistant County Administrator
Robertson to propose certain legislation concerning the proration of license fees
to clarify what the requirement of the County is.
Supervisor McCarty moved that the Chairman be authorized to sign the letter to
Delegate Brewer on HB 561; sign the letter of support for Dominion's project to
the State Corporation Commission; and, develop a letter regarding the proration
of taxes. The motion was adopted by a vote of (5-0) with Supervisors Acree,
Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
The Board took a break and returned to open session.
UNFINISHED/OLD BUSINESS
A. Application of East West Partners of Virginia, Inc., Applicant, and Eagle
Harbor, LLC and EH2, LLC, Owners, for a Comprehensive Plan Amendment
to Change the Future Recommended Land Use of 80.29 Acres Located on
Carrollton Boulevard (Rte. 17) and Channell Way (Rte. 662) from Suburban
Estate and Suburban Residential to Mixed Use.
Mr. Rudnicki advised that due to the adoption of the new Comprehensive Plan
earlier tonight, the proposed application is no longer necessary, and the
applicant may withdraw his application.
Branch Lawson withdrew the application.
B. Application of East West Partners of Virginia, Inc., Applicant, and Eagle
Harbor, LLC, Owners, to Rezone 111.39 Acres from Rural Agriculture
Conservation (RAC) to Conditional Planned Development -Mixed Use (C -PD -
MX) and to Amend the Conditional Zoning and Rezone 3.2 Acres from
Conditional General Commercial (C -GC) to Conditional Planned
Development Mixed Use (C -PD -MX) to Allow for 340 Age Restricted
Residential Units with Approximately Three (3) Acres of Commercial Land.
Mr. Rudnicki provided background information on the application, to include its
include strengths and weaknesses. He noted the Planning Commission voted (7-
3) to recommend approval and staff's recommendation is to approve the
application at this time.
Gary Whitzman of Suffolk addressed the Board regarding the soil survey for the
property. He stated that an inspection of the soils did not reveal the types of
soils that have caused problems at other sites.
Supervisor Rosie inquired about the soil's ability to deteriorate concrete and
septic tanks and absorption fields.
Mr. Whitzman replied that the process of degrading concrete has never been an
issue in the County. He stated a soil scientist would be necessary for a septic
field, but not for sewer service.
Supervisor Jefferson commented that Channell Way is a good road to travel and
is located close to fire and rescue, He stated the developer is taking steps to
preserve some of the conservation areas and this development is close to County
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water and sewer and will generate revenue for the County while providing
housing for the elderly.
Vice -Chairman Grice commented that care of the landscaping is part of the
Homeowners' Association.
Mr. Lawson advised that nurseries are having a problem with stocking of native
plants and they will have to gear up over a period of time before being able to
get an adequate supply.
Erin Milligan, East West Partners, remarked there are ways they can help
educate new residents about birds and help protect some of the bird population
that exists in the area.
Supervisor Jefferson moved that the application be approved. The motion was
adopted by a vote of (4-1) with Supervisors Acree, Grice, Jefferson and McCarty
voting in favor of the motion and Supervisor Rosie voting against the motion.
Mr. Rudnicki was recognized for his service to the County upon his resignation.
Jamie Oliver, Transportation Planner, presented an agreement for Nike Park
Road extended for the Board's consideration.
Supervisor McCarty moved that the Agreement be approved, and the Chairman
authorized to sign it. The motion was adopted by a vote of (5-0) with Supervisors
Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
NEW BUSINESS
David Smith, Director of Parks & Recreation, briefed the Board on details
associated with the Federal ATV Trail Grant for Heritage Park from the
Department of Conservation & Recreation.
Supervisor McCarty moved to authorize staff to proceed with the project and
authorize the Chairman to sign all documents. The motion was adopted by a
vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting
in favor of the motion and no Supervisors voting against the motion.
County Attorney Jones presented a request for a special election on the occasion
of Sharon Jones' resignation as the Clerk of the Circuit Court.
Supervisor McCarty moved to direct the County Attorney to petition the Court
for a special election to be held on November 3, 2020. The motion was adopted
by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
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Pursuant to a request from Sharon Jones at the Board's February 13, 2020 work
session for additional staffing in the Clerk of the Circuit Court's office, County
Administrator Keaton advised that the maximum annual cost to the County for
an entry level position would be approximately $33,000.
Supervisor McCarty moved that the Clerk of Circuit Court's request for additional
staffing as proposed be approved. The motion was adopted by a vote of (5-0)
with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the
motion and no Supervisors voting against the motion.
County Administrator Keaton presented a Memorandum of Agreement with the
City of Franklin for incentives for shared revenues/costs.
Supervisor McCarty moved to authorize execution of the Memorandum of
Agreement. The motion was adopted by a vote of (5-0) with Supervisors Acree,
Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Jones requested a closed meeting pursuant to Section 2.2-
3711(A(8) for the purpose of consultation with legal counsel employed by the
Board regarding a specific legal matter regarding the provision of legal advice by
such counsel regarding discussion regarding County personnel positions and
hiring*issues.
Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
entered the closed meeting for the reasons stated by County Attorney Jones.
Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
reconvened into open meeting.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain
confidential, as provided under the Virginia Freedom of Information Act, and that
such matters as were discussed in closed meeting should not be acted upon or
discussed in public by any participant unless and until a public, formal action of the
Board of Supervisors is taken on that particular subject matter.
Upon motion of Supervisor 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,
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WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by
this Board of Supervisors that such closed meeting was conducted in conformity
with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only
such public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Grice, Jefferson, McCarty. Rosie
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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ADJOURNMENT
At 11:00 p.m., Chairman Acree declared the meeting adjourned.
0,01VJA---%w)1 fl -n 11:6
Carey IIs Stokm, Clerk
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Joel C. Acree, C'man