8-20-2020 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 TWENTIETH DAY OF AUGUST 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 M ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Amber Johnson, Legal Assistant
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 adopted, with the addition of two
items under New Business related to CARES funding for first responders and
discussion on solar farms. The motion was adopted 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
County Attorney Jones requested a closed meeting on the following matters: A
discussion regarding the appointment and performance of specific appointees to
County boards, committees, or authorities to include the Board of Building
Appeals, the Commission on Aging, Economic Development Authority, and the
Historical Architectural Review Committee, pursuant to subsection 1; and,
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 Board's By -Laws pursuant to subsection 8; a discussion or
consideration of the investment of public funds through participation in a regional
authority where competition or bargaining is involved, where, if made public
initially, the financial interest of the County would be adversely affected, pursuant
to subsection 6; consultation with legal counsel regarding probable litigation
regarding the Nike Park trail project where such consultation would adversely
affect the negotiating or litigation posture of this public body pursuant to
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subsection 7; a discussion regarding the appointment and performance of specific
appointees to County boards, committees, or authorities to include the Board of
Building Appeals, the Commission on Aging, the Historical Architectural Review
Committee and Fire and Rescue Advisory Board, pursuant to subsection 1; a
discussion regarding the sale or leasing of publicly held property, namely, tax map
parcels 0413-03-007, where discussion in an open meeting would adversely affect
the bargaining position or negotiating strategy of the Board, pursuant to
subsection 3; consultation with legal counsel regarding actual litigation regarding
International Paper and probable litigation regarding code compliance where
such consultation would adversely affect the negotiating or litigation posture of
this public body pursuant to subsection 7; and, consultation with legal counsel
employed by the Board regarding specific legal matters requiring the provision of
legal advice concerning Virginia Code Sec. 2.2-4382 regarding Construction
Management pursuant to subsection 8.
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,
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.
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VOTE
AYES: Acree, Grice, Jefferson, McCarty. Rosie
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Pastor Bill Hillcrumb of Ignite Church in Carrsville delivered the invocation and
delivered the Pledge of Allegiance to the American flag.
CITIZENS COMMENTS
Albert Burckard of the Newport District sought the Board's permission to donate
the cannonballs recently made available by Surry County to the Isle of Wight
Historical Society for the display of these cannonballs at historic Fort Huger.
Glen Little of the Carrsville District requested the Board to reconsider Supervisor
Rosie's recommendation to place the Confederate monument on a ballot.
Richard Gillerlain spoke on overdevelopment in the County and the Norfolk water
contract.
Herb DeGroft of Mill Swamp Road spoke on the disposition of the Confederate
monument and invited the Board to attend a "get informed" meeting sponsored
by the citizens' associations on September 14, 2020 at the Windsor Town Center.
Derek Boone of the Newport District spoke on the disposition of the Confederate
monument and the lack of recreational activities for the County's youth.
Reverend Lilton Marks of Smithfield spoke on the need of the Board to conduct a
public hearing to provide an opportunity for the entire County to be able to speak
their minds regarding the disposition of the Confederate monument.
Supervisor Jefferson remarked that regarding a lack of recreational activities for
the County's children, the Bradby property, when developed, will provide an
additional place for children to play. Regarding the Board's support for local
businesses, Supervisor Jefferson advised that the food ordered for Board
meetings is purchased from local businesses. He remarked that the Newport
Development Service District was intended for development and other areas in
the County are intended to be rural. He stated this Board supports its law
enforcement and volunteers and the County could not do without their service.
Supervisor McCarty remarked that vehicular traffic on Route 17 in the Newport
District is pass through traffic headed into the Cities of Suffolk and Chesapeake
and that traffic studies currently underway will help to further reduce traffic that
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flows down Route 17. He pointed out that projects now being developed in the
Newport District were approved in the 1990's and that he supports the
investigation of the cost of basketball courts and other recreational activities.
Supervisor Rosie, in agreeance with Supervisors Jefferson and McCarty's
comments, added that the Board also needs to continue looking at the County's
green space.
Supervisor Grice recommended citizens who are interested in recreational
activities contact the Director of Parks and Recreation who can make
recommendations and suggestions. Regarding managed growth in the County,
growth will be managed in the areas designated for growth. He stated the County
is in dire need of affordable housing and ways by which to make that available
needs to be examined.
Chairman Acree remarked that the Director of Parks and Recreation is open to
suggestions and that the Norfolk water agreement provides the County with clean
drinking water for the next 30 years, which includes the Towns of Smithfield and
Windsor.
On the subject of sales tax, County Administrator Keaton advised that the
County's sales tax, which was anticipated to decrease as a result of Covid-19, has
increased 10+% over the last year due to on-line sales.
CONSENT AGENDA
A. Resolution to Accept and Appropriate 2020 Local Emergency Management
Performance Grant in the amount of $7,500
B. Resolution to Accept and Appropriate VDEM Dominion Energy Pass
Through Funding in the amount of $30,000
C. Resolution to Accept and Appropriate Funding from the Virginia
Department of Health Office of Emergency Medical Services in the amount
of $10,845
D. Resolution to Amend the Budget and Appropriate WanderLOVE Grant
Funding from the Virginia Tourism Corporation in the amount of $10,000
E. Resolution to Amend the Budget and Appropriate Funding from the Virginia
Tourism Corporation in the amount of $10,000
F. Minutes
July 16, 2020 Work Session
July 16, 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,
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Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
COUNTY ATTORNEY'S REPORT
County Attorney Jones reported that all property acquisitions are now complete
related to the Hardy school project.
PUBLIC HEARINGS
Chairman Acree called for a public hearing on the following:
A. Application of Robert and Elizabeth Purington for a Major Chesapeake Bay
Preservation Area Ordinance Exception for After -the -act Approval of a Patio
in the Fifty Seaward Feet of the Designated 100 -foot Resource Protection
Area Buffer at 104 Mariner's Circle.
Kim Hummel, Environmental Planner, provided an overview of the application.
Chairman Acree called for those to speak in favor of or in opposition to the
proposed application.
Brian Peoples, attorney representing the applicants, provided background
information on the applicants and explained how a patio was built in the fifty
seaward feet of the designated 100 -foot Resource Protection Area buffer. He
requested that the Board approve the application as recommended by the
Planning Commission.
Scott Byrum of 107 Mariners Circle spoke in favor of the application noting the
addition to the existing patio improves the value and looks of the home.
Bob Pembroke of 104 Mariners Court remarked that the applicants made a
mistake and he asked the Board to approve the application.
Rosa Turner of the Hardy District and a former resident in Gatling Point spoke in
support of the applicants and requested that the Board approve the application.
Al Rickhall at 102 Mariners Circle spoke in support of the approval of the
application noting it adds to the property value.
Chairman Acree closed the public hearing and called for comments from the
Board.
Supervisor McCarty remarked that he is in favor of approving the exception as the
applicants have done nothing wrong except place trust in their contractor. He
recommended that staff begin developing a list of those contractors who have
advised their clients that a permit is not necessary.
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Vice -Chairman Grice read an email from Sharon George Hart advising that she
could not attend the hearing tonight but wants the Board to know that she
believes this is an unnecessary encroachment into the Resource Protection Area.
Attorney Peoples rebutted that more weight should be given to the fact that
members of the Planning Commission, who are experts in this field, had visited
the property while he was not sure if Ms. Hart had.
Supervisor Jefferson inquired about the contractor and asked if there is anything
in place that can hold him and other contractors accountable for not following the
requirements of the County.
Chairman Acree asked staff to investigate methods by which contractors can be
held accountable and that this matter be discussed at a future work session.
Noting that the County does have a process for fining contractors, County
Administrator Keaton advised that staff will provide the Board with information
on the process.
Ms. Hummel advised that the contractor is from the City of Chesapeake, however,
he should have known that a permit and exception would be required by the
County.
Supervisor Rosie remarked that the fault does not fall on the part of the
applicants who have tried to do the right thing.
Supervisor McCarty moved that the exception request be approved with the
condition that the applicant install the landscaping 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.
Following an announcement by County Administrator Keaton on the retirement
of Ms. Hummel, she was recognized for her fourteen years of service to the
County.
Chairman Acree opened the public hearing on the following:
B. Application of Jeffrey A. Seward, Property Owner, for a Change in Zoning
from Rural Agricultural Conservation to the Rural Residential as Required
for Residential Subdivisions Under Section 4-2004 of the Isle of Wight
County Zoning Ordinance to Create Two New Residential Lots and a Waiver
to Section 4-3004.8.3.
Sandy Robinson, Zoning Coordinator, briefed the Board on the background of the
application.
Chairman Acree called for those to speak in favor of or in opposition to the
proposed application.
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Bill Riddick, attorney for the applicants, provided background information on the
applicants which are attempting to re -coup acquisition costs in order to be able to
keep their land.
Chairman Acree closed the public hearing and called for comments from the
Board.
Supervisor Grice suggested that the Board, at a future work session, give
consideration to staff being given authority within their jurisdictions to handle
these types of applications.
Supervisor Rosie moved that the rezoning application and the waiver be
approved. 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 opened the public hearing on the following:
C. Resolution to Amend the FY2020-21 Operating Budget and
Appropriate CARES Act Funding in the amount of $3,237,617.
Chairman Acree called for those who wished to speak in favor of or in opposition
to the Resolution.
Rosa Turner of the Hardy District recommended that the Board mention Christian
Outreach and other non-profit organizations that are eligible to apply in the
housing and utility grants line item.
Chairman Acree closed the public hearing and called for comments from the
Board.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY2020-2021 BUDGET
AND APPROPRIATE FUNDING FROM
FEDERAL CARES CORONAVIRUS RELIEF FUNDS
WHEREAS, the U. S. Congress recently passed and the President signed the
Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020; and,
WHEREAS, primary component of the CARES Act is $150 billion in assistance to
state, local, territorial, and tribal governments for the direct impact of the COVID-
19 pandemic through the establishment of the Coronavirus Relief Fund (CRF);
and,
WHEREAS, the Commonwealth of Virginia has allocated funding from the CRF to
Isle of Wight County in the amount of three million two hundred thirty-seven
thousand six hundred seventeen dollars ($3,237,617); and,
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WHEREAS, the Board of Supervisors needs to amend the FY 2020-2021 Grant and
Operating Budgets and appropriate total spending in the amount of three million
two hundred thirty-seven thousand six hundred seventeen dollars ($3,237,617)
for impacts associated with COVID-19.
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 three million two hundred
thirty seven thousand six hundred seventeen dollars ($3,237,617) to include Town
allocations of $780,818 with an appropriation to flow through the Operating
Budget of $2,456,799 for pandemic related expenditures.
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.
COUNTY ADMINISTRATOR'S REPORT
Following a break, Chris Morello, Director of Economic Development, was
authorized by the Board to apply for grant funding from the Obici Healthcare
Foundation to provide grants to small businesses as part of the Foundation's
COVID-19 response fund for counties and cities in the amount of $135,000.
County Administrator Keaton recognized staff and apprised the Board that for the
ninth consecutive year, the County has been awarded a Certificate for
Achievement of Excellence in Financial Reporting which had been done in-house
by staff for the first time resulting in a savings of $80,000.
County Administrator Keaton recognized the following recipients of the Caught
You Caring Award for the FY20 Fourth Quarter: Kay McKee; Don Robertson;
Sheldon Wilder; Laura Ballard; Jason Gray; John O'Rawe; Cyndi Wellman; Rob
Wilson; Jenilee Hallman; Christopher West; Deb Frank; Kathy Mountjoy; Connie
Chapman; Lois Tokarz; Teresa Frantz; and, Robert Cox.
County Administrator Keaton brought up for discussion the matter of a Payroll
Tax Deferral in the form of a memorandum from the U.S. Treasury to defer payroll
taxes for employees through December 31, 2020. He stated other jurisdictions
have been polled and none found to be doing this and guidance from the U.S.
Treasury has not been received. He recommended that the Board take no action
on this as it would be a burden and hardship on the employees and potentially
costly for the County.
Responsive to the recommendation of Vice -Chairman Grice, the matter was
tabled pending further information from the U.S. Treasury.
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County Administrator Keaton apprised the Board about a zoom meeting with the
School Board on September 9 at 6:00 p.m. regarding the construction
management at risk process for the two school construction projects.
County Administrator Keaton provided preliminary dates for the Hardy
bid/construction process on January 15, 2021 with construction beginning on
March 15, 2021 with final completion by December 15, 2022. He advised that
rating agency calls will be held the week of September 14, 2020 with Fitch &
Moody's and Standard & Poors.
County Administrator Keaton suggested that the Board begin thinking about
potential dates for its annual retreat and that it may wish to consider having a
joint retreat with the Planning Commission. The Board deferred action on this
matter.
UNFINISHED/OLD BUSINESS
Don Jennings, Director of Public Utilities, addressed the Board regarding proposed
fee reductions to potential water utility customers as an incentive to connect to
the County's waterline along Route 10. He shared that the waterline is now
connected and can be turned on in a couple of weeks.
The consensus of the Board was a 4% interest rate and Mr. Jennings was directed
to proceed with the water utility connection incentives at a 4% interest rate under
Option 2 which will set a 67% discount for customers who agree to begin using
the County water now and a 50% discount for future users.
NEW BUSINESS
Resolution to Amend the Budget and Appropriate Carryover for Operating Project
as of June 30, 2020.
Supervisor Jefferson moved to adopt the following resolution to amend the
FY2020-2021 operating budget and appropriate funding for a metal storage
facility project:
RESOLUTION TO AMEND THE FY 2020-2021 OPERATING BUDGET AND
APPROPRIATE FUNDING FOR
METAL STORAGE FACILITY PROJECT
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires
to carryover funding for a Sheriff's Office metal storage facility project from
FY2020 to FY2021; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia
recommends an amendment to the FY 2020-2021 General Fund Budget for the
project; and,
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WHEREAS, the Board of Supervisors needs to appropriate $23,000 (twenty-three
thousand dollars) to the Capital Outlay line item in the Sheriff's Office Operating
Budget.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2020-2021 General Fund budget is hereby amended
and funds appropriated in the amount of $23,000 (twenty-three thousand dollars)
for the Sheriff's Office metal storage facility project.
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.
County Administrator Keaton requested the Board to take formal action regarding
setting a special meeting to conduct a public hearing on September 10, 2020
regarding bond issuance.
Supervisor Rosie moved to set a special meeting at 4:00 p.m. on September 10,
2020 with its delegates at Westside Elementary School with a public hearing set at
6:00 p.m. on the issuance of general obligation bonds. 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 asked the Board to consider funding a bonus/hazard pay for
the Smithfield and Windsor Police Departments, the County's first responders and
volunteer agencies.
County Administrator Keaton suggested that the Personnel Committee could
meet to discuss the various options prior to the Board's next meeting
Chairman Acree brought up the subject of solar farms and how they may affect
the character of the County in the future. He stated while the Comp Plan touches
on this subject, he asked that staff provide feedback and things the Board should
be considering at this time so that there is a plan for this and future boards to
follow. He stated by having such a plan, residents will be aware of how it might
work in the future.
It was noted that potential solar farm areas can be mapped out and a study done
in conjunction with the utility study to identify where it makes sense to best
locate them.
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ADJOURNMENT
At 10:00 p.m., Chairman Acree declared the meeting adjourned.
Care Mi s Sto , Clerk
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Joel C. Acree, Chai