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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 1 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. 0) 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 3 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, .19 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. 5 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. Z 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, 7 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. 0 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, I 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. 10 ADJOURNMENT At 10:00 p.m., Chairman Acree declared the meeting adjourned. Care Mi s Sto , Clerk 11 Joel C. Acree, Chai