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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. 1 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 2 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 3 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. 11 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. 5 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 7 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 9 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. 10 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, 11 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 zz ADJOURNMENT At 11:00 p.m., Chairman Acree declared the meeting adjourned. 0,01VJA---%w)1 fl -n 11:6 Carey IIs Stokm, Clerk 12 Joel C. Acree, C'man