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7-16-2020 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 JULY IN THE YEAR TWO THOUSAND AND TWENT.Y 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 regular Board of Supervisors' meeting to order at 5:00 p.m. APPROVAL OF AGENDA/AMENDMENTS Supervisor Jefferson moved that the agenda be approved as amended under New Business to discuss authorization to advertise a public hearing for the removal of the confederate statute from public property. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie 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) to discuss the appointment of specific appointees to County boards, committees or authorities and pursuant to Section 2.2-3711(A)(8) concerning consultation with legal counsel employed or retained by the Board regarding specific legal matters requiring the provision of legal advice by such counsel regarding the amendments to and procedural requirements of §15.2-1812 and §15.2-915 of the Code of Virginia. 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 McCarty 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 Reverend Johnson of Beaverdam Baptist Church delivered the invocation and lead the Pledge of Allegiance to the American flag. CITIZENS' COMMENTS Jay Taylor of Smithfield recommended that contractors be required to submit a soil test with their permit request for all foundation repair work. Miles Blount of Smithfield notified the Board that he did not receive a letter notifying him that the utility pump station was going to be built. 0- Reverend Marks of Smithfield spoke in favor of the removal of the Confederate monument from County property. Mark Wooster of Rescue presented a copy of a resolution created by the Virginia Citizens Defense League for each locality which creates a commitment by a local government to refuse to pass any gun control even though the new law gives the locality that ability. He encouraged the Board to adopt this resolution or one with very similar wording. Volpe Boykin of Walters spoke in reference to the Confederate monument located on County property and recommended a referendum be held to determine if it should be removed. Jeff McFather of Smithfield spoke in favor of his second amendment rights. He requested the Board seriously consider the resolution created by the Virginia Citizens Defense League. Reverend Williams spoke in reference to the Confederate monument. Valerie Butler of the Hardy District spoke in reference to the removal of the Confederate monument. Derek Boone spoke in reference to the removal of the Confederate monument. Phillip Van Cleave, President, Virginia Citizens Defense League, spoke in support of the resolution distributed by Mr. Wooster to the Board. Jim Polanosky of Trump Town Road spoke in support of the resolution distributed by Mr. Wooster to the Board. Bruce Burnette of Whispering Pines Trail spoke in favor of his second amendment rights. Rob Slomienski of Smithfield spoke in favor of his second amendment rights. Kevin Salneske of the Hardy District spoke in support of the Virginia Citizens Defense League's resolution. Ed Whitney of Newport News spoke in reference to the Confederate monument. Herb DeGroft of Smithfield recommended that the School Board return to the Board at the $22 million level for the Hardy Elementary School. Marty Carlson of Carrollton spoke in favor of his second amendment rights. Vice -Chairman Grice requested the County Administrator to review the policy related to foundation repair and report his findings back to the Board in the next 60 days. 3 Supervisor Jefferson remarked that the protest conducted at the Courthouse was nice and quiet, as well as the protest conducted in Smithfield. He stated he does not believe some people should carry a gun and that Herb DeGroft needs to take his concerns to the School Board because the Board of Supervisors does not have authority over the School Board. Vice -Chairman Grice remarked that the County is a constitutional county and has the right to bear arms. He stated the courts are the recourse, not a resolution. Supervisor Rosie remarked that the Board supports the right to bear arms and believes in exercising its second amendment rights. Supervisor Mccarty requested that County Administrator Keaton provide a report on soil testing upon his return from vacation. Chairman Acree expressed his thoughts on the Confederate monument. CONSENT AGENDA A. Resolution to Amend Chapter 2: Article VII, Section 7.1 and a Fleet Policy under Chapter 4: Fleet, Article 1, Section 1.5 of the County Policy Manual B. Resolution to Accept and Appropriate CARES Act Funding for Election Impacts ($58,458) and Authorization to Execute CARES Act Certification C. Resolution to Accept and Appropriate Grant Funding for the Smithfield & Isle of Wight County Farmers Markets ($3,000) D. Resolution to Authorize Continuing Participation in the Western Tidewater HOME Consortium E. Resolution Requesting the Virginia Department of Transportation to Accept Streets in the Ashby Subdivision into the Secondary System of State Highways (Ashby Way East, Route 1995, 0.26 miles) F. Resolution Requesting the Virginia Department of Transportation to Accept Streets in the Benns Grant Subdivision Phase 3A, 3B and 4A into the Secondary System of State Highways (Farmington Place, State Route Number 1066, 0.11 miles; Williamson Park Lane, State Route Number 1065, 0.04 miles; Farmington Place, State Route Number 1067, 0.05 miles; Oak Hill Lane, State Route Number 1061, 0.13 miles; Boxwood Lane, State Route Number 1064, 0.17 miles; Morgans Landing, State Route Number 1063, 0.05 miles; and, Spring Meadow Lane, State Route Number 1062, 0.08 miles) G. Minutes May 14, 2020 Budget Approval Minutes May 28, 2020 Regular Meeting Minutes June 4, 2020 Work Session Minutes M June 11, 2020 Joint Meeting with School Board Minutes June 18, 2020 Regular Meeting Minutes Supervisor McCarty moved that the Consent Agenda be approved as presented. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. REGIONAL AND INTER -GOVERNMENTAL REPORTS Supervisor McCarty reported in excess of $900,000,000 will be utilized in bonds for the Hampton Roads Bridge Tunnel and other transportation projects in Hampton Roads. APPOINTMENTS Supervisor Jefferson reappointed David Moose to serve on the Wetlands Board representing the Hardy District. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor Rosie reappointed Elaine Butler to the Board of Building Appeals representing the Carrsville District. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor Rosie moved to appoint Keith Horswill to serve on the Broadband Task Force representing the Carrsville District. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved to appoint Joe Puglici to serve on the Broadband Task Force representing the Newport District. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Vice -Chairman Grice moved to add the Towns of Smithfield and Windsor as having representative on the Broadband Task Force. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Vice -Chairman Grice moved to appoint Renee Rountree to represent the Smithfield Town Council on the Broadband Task Force. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty recommended that the regional commissions the County is a part of be added to the County's website. E Following a break, Chairman Acree called for public hearings. PUBLIC HEARINGS A. Application of HRSD, Applicant, and Isle of Wight County, Property Owner, for a Conditional Use Permit on Approximately 1.3 Acres, located on Blount's Corner Road (Route 674) to Allow for a Regional Pump Station and a One Million Gallon Storage Tank Amy Ring, Director of Community Development, presented background information on the request and advised that the Planning Commission unanimously recommended approval of the Conditional Use Permit subject to the following conditions: 1. Maximum height of all future structures shall be no more than 25 feet; 2. Sufficient odor control shall be implemented so as not to be detectable beyond the property lines of the facility site; 3. The facility shall have one access shared with the future elementary school; 4. A three -tiered landscape buffer using materials staggered in height at maturity shall be installed around the perimeter of the entire property at least fifty feet in width. At least 60% of the species should be evergreen species. 5. The new regional pump station shall reflect the architectural style of the new Hardy Elementary School. At the time of construction the new storage tank shall reflect the design of the new school, residential or agricultural architectural style to the maximum extent possible and shall be neutral or earth tone colors only; 6. There shall be a minimum separation of at least 120 feet between all future facilities and the nearest residential structure; and, 7. The archaeological study for the site be submitted to the Virginia Department of Historic Resources for review and comment. Chairman Acree opened the public hearing and called for those to speak in favor of or in opposition to the proposed request. Miles Blount of Blounts Corner Road inquired whether the tank would be buried and if there could be leaching into the water table which would affect surrounding wells. Bruce Hustle, Director of Engineering, Hampton Roads Sanitation District, advised that the tank is not proposed to be built at this time and that it was shown on the site plan for the purpose of showing where it would be located. He advised that the pump station will have odor control and the lifespan of the tank is 50-100 years. Chairman Acree closed the public hearing. Supervisor Jefferson moved that the Conditional Use Permit be approved subject to the following conditions: C1 1. Maximum height of all future structures shall be no more than 25 feet; 2. Sufficient odor control shall be implemented so as not to be detectable beyond the property lines of the facility site; 3. The facility shall have one access shared with the future elementary school; 4. A three -tiered landscape buffer using materials staggered in height at maturity shall be installed around the perimeter of the entire property at least fifty feet in width. At least 60% of the species should be evergreen species. 5. The new regional pump station shall reflect the architectural style of the new Hardy Elementary School. At the time of construction the new storage tank shall reflect the design of the new school, residential or agricultural architectural style to the maximum extent possible and shall be neutral or earth tone colors only; 6. There shall be a minimum separation of at least 120 feet between all future facilities and the nearest residential structure; and, 7. The archaeological study for the site be submitted to the Virginia Department of Historic Resources for review and comment. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Chairman Acree called for a public hearing on the following: B. Conveyance of Property from Isle of Wight County to Theron Blount, Jr. County Attorney Jones stated approval is being sought to convey a small parcel of land back to Mr. Blount as part of the property acquisition for Hardy Elementary School. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the property conveyance. Ms. Malissa Pierce of Blounts Corner Road spoke in reference to said conveyance and noted her approval of it. Chairman Acree closed the public hearing. Supervisor McCarty moved that the Chairman be authorized to execute all appropriate documents necessary to transfer said property. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Chairman Acree called for a public hearing on the following: C. Conveyance of Property from Isle of Wight County to the Hampton Roads Sanitation District 7 County Attorney Jones stated the County is conveying 1.5 acres to the Hampton Roads Sanitation District for the purpose of the pump station that the Board earlier in the meeting approved a Conditional Use Permit for. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed conveyance. No one appeared and spoke. Chairman Acree closed the public hearing. Supervisor Jefferson moved that the Chairman be authorized to execute all appropriate documents necessary to transfer said property. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Chairman Acree called for a public hearing on the following: D. Amending the Courthouse Security Fee County Attorney Jones stated that the Code has been amended to allow localities through its court system to charge a fee of up to $20 in criminal and traffic matters to apply towards the courthouse security personnel and equipment. Chairman Acree called for persons to speak in favor of or in opposition to the proposed security fee. No one appeared and spoke. Chairman Acree closed the public hearing. Supervisor Jefferson moved to adopt the following ordinance to amend the Courthouse Security Fee: Sec. 1-7.1. - Court costs. Any person convicted of a violation of any statute or ordinance in any criminal or traffic case in the district court or circuit court of Isle of Wight County shall be assessed a sum of twenty dollars as part of the costs in each court in which a defendant is convicted of a violation in each case. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the Isle of Wight County Treasurer and held by the treasurer subject to appropriation by the governing body to the sheriff's office for the funding of courthouse security personnel. (12-19-13; 7-16-20.) For state law as to authority of the board of supervisors to prescribe a fee for courthouse security personnel, see Code of Va., § 53.1-120. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT Assistant County Administrator Robertson advised that a copy of the finalized FY20-21 Operating and Capital Budgets was placed at the Board's seats prior to the meeting. He further advised that the County will be coordinating with the Western Tidewater Health District over the next several weeks to conduct pop up testing for COVID-19 throughout the County. UNFINISHED/OLD BUSINESS Danny Byrum, Chairman, Isle of Wight County Fair, recommended that the Fair be cancelled for 2020. He advised that 47 fairs out of 70 in the State have been cancelled already due to COVID-19. It was the consensus of the Board that the 2020 Fair be cancelled. Assistant County Administrator Robertson distributed a resolution to modify the FY2020-21 budget for costs associated with refunding the vendors and to pay bills associated with the County Fair for the Board's consideration. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY2020-2021 BUDGET AND APPROPRIATE TO THE COUNTY FAIR FUND WHEREAS, in order to protect the health, safety, and welfare of citizens of Isle of Wight County from the public health risks associated with COVID-19, the 2020 Isle of Wight County Fair has been cancelled; and, WHEREAS, the FY2020-2021 Budget needs to be amended and funds in the amount of forty two thousand eight hundred dollars ($42,800) need to be appropriated to the County Fair fund to cover costs associated with cancellation of the 2020 County Fair and preliminary preparations for the 2021 County Fair. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the FY 2020-2021 Budget is hereby amended, and funds appropriated in the amount of forty two thousand eight hundred ($42,800) need to be appropriated to the County Fair fund to cover costs associated with cancellation of the 2020 County Fair and preliminary preparations for the 2021 County Fair. 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 carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. E Vice -Chairman Grice recommended that the Board discuss the Fair's expenditures/revenue flow at the Board's January 7, 2021 meeting. Assistant County Administrator Robertson recalled that a portion of the County's CARES Act funding to provide COVID-19 business interruption grants for small businesses throughout the County. He continued that marketing of the program continues and, to date, 140 small businesses have been positively impacted. He stated before the Board is consideration of expanding the program to allow for additional businesses to be eligible for a grant. Nicole Talton, Economic Development Coordinator, advised that this program will allow the County to include those businesses that have, thus far, been ineligible. She advised that to date, there have been 204 applicants. Supervisor McCarty moved to expand the eligibility criteria for the County's COVID-19 Business interruption Small Business Grant Program. The motion carried unanimously (5-0) with Supervisors Acree,'Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Following a break, Chairman Acree called for new business. Application of Charles I. and Deborah C. Owens and James and Renee Harbin, property owners, to amend existing proffered conditions of properties zoned Conditional Rural Residential (C -RR) located on Carroll Bridge Road (Route 654) Sandy Robinson, Zoning Coordinator, provided an overview of the application to request that the proffers be amended to remove the payment of cash proffer secured by a Deed of Trust dated July 15, 2011. She stated that the basis for the request is that the County has rescinded its cash proffer policy and, on several occasions, reduced the amount of or omitted the need for the payment of cash proffers. She stated that the owners assert that based on the current school capacity, the impact from the development of these lots is negligible. She stated that if approved, the application would reduce the current approved cash proffer amount by $33,567.00. She stated although the County does not include future potential cash proffers in the Operating budget, the proposed changes would reduce the total potential revenues the County could receive at the time of the development of the lots. She concluded that staff recommends that the Board review the need for a public hearing. Supervisor McCarty inquired what reason can there be that a Board would not conduct a public hearing on a mater that previously required a public hearing. County Attorney Jones advised that to conduct or not conduct a matter is at the Board's discretion. He stated the reason behind the discretion is if the request is seeking to reduce the cash proffers and is not creating additional lots nor does it change the zoning from a residential to a commercial use or something of that nature. 10 William Riddick, Attorney for the applicant, remarked that the County previously had a Proffer Study which said that every lot should voluntarily pay $11,189, He stated later the County did away with its Cash Proffer Study. He stated the Harbins are in a state of limbo and do not know what they are going to do so they came to him asking for his assistance. He stated that if the density is not changed, a public hearing is not necessary. Chairman Acre remarked that he did not feel the County could justify charging a proffer on that land in the way that it impacts the County. County Attorney Jones advised that proffers can be amended and typically amended proffers come back to the Board. He stated proffers that do'not affect density or use, it is no longer a zoning issue as much as what impacts they have. Attorney Riddick, on behalf of his client, offered a voluntary proffer of $600 for the two lots to offset the impact to parks and recreation. Supervisor Jefferson moved to waive the public hearing (5-0). The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved to accept the voluntary proffer of $600 per lot as a cash contribution to defray impacts for parks and recreation for the two lots. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Assistant County Administrator Robertson recommended execution of a Vehicle Grant Agreement for the Carrsville Volunteer Fire Department acquired brush truck. Supervisor Rosie moved to authorize execution of a Vehicle Grant Agreement with the Carrsville Volunteer Fire Department's brush truck. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson recommended the Board conduct a public hearing to determine whether the Confederate statute should be removed from the Courthouse complex. Supervisor Rosie suggested the creation of a task force or a referendum so that there is input from County residents and not just action taken by this Board. County Attorney Jones advised that the process would be to publish in the newspapers at least 30 days prior to a public hearing. He stated additionally, prior to taking any of those steps for a public hearing, the Board has the authority to put the matter out for an advisory referendum and have the matter placed on the ballot. He stated if the Board elects to conduct a public hearing, the Board cannot put the matter out for a referendum. He concluded that there can, however, be a task force following the public hearing. Supervisor Jefferson moved to authorize staff to advertise consideration of the removal of the Confederate monument from the Courthouse complex for public hearing at the Board's work session of September 3, 2020 at 6:00 p.m. at Smithfield High School as amended by Supervisor Grice to include all the options under the -Code of Virginia. The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. ADJOURNMENT There being no further business for discussion, Chairman Acree declared the meeting adjourned at 10:00 p.m. Care Mi s St6m, Clerk 12 Joel C. Acree, Cha n