05-19-2022 Regular Meeting REGULAR 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 NINETEENTH DAY OF MAY IN THE YEAR TWO THOUSAND AND
TWENTY-TWO
BOARD MEMBERS:
Rudolph Jefferson, District 3, Chairman
William M. McCarty, District 2,.Vice-Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5
Joel C. Acree, District 4
STAFF MEMBERS:
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
• Robert W. Jones, Jr., County Attorney
Carey Mills Storm, Clerk
CALL TO ORDER
Chairman Jefferson called the regular meeting to order at 5:00 p.m.
CLOSED MEETING
Pursuant to Section 2.2-3711(A) of the Code of Virginia, Supervisor McCarty moved
to enter the closed meeting for the limited purpose of:
(1) A discussion regarding the appointment of specific appointees to
County boards, committee or authorities as set forth in the agenda, pursuant
to subsection 1.
(2) consultation with legal counsel regarding actual litigation regarding
zoning, Chesapeake Bay Preservation Area, and Wetlands violations, and
M&T tax where such consultation would adversely affect the negotiating or
litigation posture of this public body pursuant to subsection 7.
(3) consultation with legal counsel employed by the Board regarding
specific legal matters requiring the provision of legal advice by such counsel
regarding the Board's By-Laws, citizen's comments, and the adoption of
ordinances, resolutions and motions, pursuant to subsection 8.
(4) a discussion concerning a prospective business or the expansion of an
existing business where no previous announcement has been made of
business' interest in locating or expanding its facilities in the Rt. 460 83-acre
site, pursuant to subsection 5.
(5) a discussion regarding the sale of publicly held property, namely, tax
map parcel or portion of tax map parcel 21A-01-184, where discussion in an
open meeting would adversely affect the bargaining position or negotiating
strategy of the Board, pursuant to subsection 3.
The motion was unanimously adopted (5-0).
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Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board
reconvened into open meeting.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain confidential,
as provided under the Virginia Freedom of Information Act, and that such matters as
were discussed in closed meeting should not be acted upon or discussed in public by
any participant unless and until a public, formal action of the Board of Supervisors is
taken on that particular subject matter.
Upon motion of Supervisor 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
Supervisor Rosie delivered the invocation and led the Pledge of Allegiance to the
American flag.
APPROVAL OF THE AGENDA
Supervisor McCarty moved that the special presentation recognizing Investigator
Bert Nurney be moved before the special presentation to discuss the FY2022-23
school budget. The motion was adopted unanimously (4-0) with Supervisors
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Jefferson, McCarty, Rosie and Acree voting in favor of the motion; no Supervisor
voting against the motion; and Supervisor Grice absent for the vote.
CITIZENS' COMMENTS
Michael Munford of Carrollton requested the Board's assistance in getting "No
Parking" signs on Northgate Drive and Bridgewater Drive.
The following individuals spoke in favor of the Board's motion at its May 12, 2022
to adopt an Ordinance as amended by reducing the school's budget by $1,572,507
and placing those funds into the County's Contingency line item: Volpe Boykin of
District 5; Jason Maresh of District 4; Laura Fletcher of Great Spring Road; Shelley
Perry of District 3; and Herb DeGroft of Mill Swamp Road.
Reverend W. L. Williams of District 5 remarked that the Board's action to cut the
School Board's budget has nothing to do with accountability but rather about an
effort to stop America from bonding.
The following individuals spoke in favor of the Board returning the $1,572,507 to
the School Board's budget: Bessie Cameron of Carrollton; Martha Jackson of
District 3; Brianna Benning; and Wendy Thompson of District 3.
Richard Cassell of Vellines Lane requested the Board's assistance in addressing
trash being dumped along Kings CoveWay.
CONSENT AGENDA
A. Regional Groundwater Memorandum of Agreement Regional Memorandum
of Agreement (MOA) for Groundwater Mitigation
B. Smithfield Volunteer Fire Department Loan Agreement for IRS Compliance
C. Resolution to Amend the FY2021-22 Operating Budget and Appropriate
Funding for Replacement and Repair of County Property from Insurance
Proceeds ($15,278)
D. Resolution to Amend the FY2021-22 Operating Budget and Appropriate
Funding from Virginia Tourism Corporation ($10,000)
E. Resolution to Amend the FY2021-22 Operating Budget and Appropriate
Funding from Virginia Tourism Corporation ($20,000)
F. Resolution to Amend the FY2021-22 Operating Budget and Appropriate
Funds for Community Flood Preparedness ($90,701)
G. Minutes
March 17, 2022 Regular Meeting Minutes
April 21, 2022 Regular Meeting Minutes
May 5, 2022 Budget Work Session Minutes
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Supervisor McCarty moved that the Consent Agenda be adopted as presented. The
motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice,
Rosie and Acree voting in favor of the motion and no Supervisor voting against the
motion.
REGIONAL & INTERGOVERNMENTAL REPORTS
Supervisor McCarty advised that it was reported today at the Hampton Roads
Transportation Planning Organization meeting that the ports will be the deepest
and the widest on the east coast. .
Regarding the Hampton Roads Workforce Council, Supervisor Grice announced
that leaders in the community will be having lunch tomorrow with the culinary class
at Smithfield High School and will be discussing work force issues affecting the
County.
APPOINTMENTS
Supervisor McCarty moved that Thomas Finderson be reappointed to represent
District 2 on the Commission on Aging. The motion was adopted unanimously (5-
0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the
motion and no Supervisor voting against the motion.
Supervisor McCarty moved that Carroll Keen, Jr. be reappointed to represent
District 2 on the Economic Development Authority. The motion was adopted
unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree
voting in favor of the motion and no Supervisor voting against the motion.
Supervisor McCarty moved to reappoint L'Tanya Johnson to serve on the Hampton
Roads Workforce Council. The motion was adopted unanimously (5-0) with
Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion
and no Supervisor voting against the motion.
Supervisor Acree moved to reappoint Ruth Hartsfield to represent District 4 on the
Commission on Aging. The motion was adopted unanimously (5-0) with
Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion
and no Supervisor voting against the motion.
Supervisor Grice moved to reappoint Dr. Richard Antcliff to serve on the Camp
Community College Board. The motion was adopted unanimously (5-0) with
Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion
and no Supervisor voting against the motion.
Supervisor Grice moved to reappoint Barbara Stafford to represent District 1 on the
Social Services Board. The motion was adopted unanimously (5-0) with Supervisors
Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the motion and no
Supervisor voting against the motion.
Chairman Jefferson moved to reappoint Sylvia Claggett to represent District 3 on
the Blackwater Regional Library Board. The motion was adopted unanimously (5-
0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of the
motion and no Supervisor voting against the motion.
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SPECIAL PRESENTATIONS
Investigator Bert Nurney was recognized by Sheriff Clarke upon his retirement.
Dr. Jim Thornton, School Superintendent, discussed the ramifications to the
FY2022-23 public school's budget as a result of the Board's action taken at its May
12, 2022 meeting which adopted an Ordinance as amended by reducing the
school's budget by $1,572,507 and placing those funds into the County's
Contingency line item. He recalled that he has an excellent track record of keeping
local funding under control as illustrated over his seven-year tenure as
Superintendent which he has presented flat funds for four of those years. He
advised that the COVID-19 pandemic has caused major damage and teachers are
having to catch up from the damage. He agreed that the School Board and Board
of Supervisors should jointly meet to discuss the budget.
Supervisor McCarty remarked that his goal is to ensure fiscal accountability at all
levels. He advised that the money set aside in the motion was purely due to the
funds that have been set aside by the State.
The conversation turned to Standards of Learning and Dr. Thornton's belief that
the true measure is an on-time graduation rate which currently is 98%.
Supervisor Grice requested Dr. Thornton to provide the Board with the funding
amount to be provided by the State to the school division. He asked Dr. Thornton
what the essential funding amount would be to the school system that would
eliminate any need for additional cuts, laying off of school employees, and that
would allow him to do the hiring that needs to be done.
Dr. Thornton replied he personally would feel comfortable with $760,000.
Supervisor McCarty requested a complete breakdown be emailed showing where
all Cares Act funds have been spent.
Supervisor Grice moved that County Administrator Keaton be authorized to make
a transfer from the Contingency line item of$760,000 to the Instructional category
of the school's budget and the following Resolution was adopted:
RESOLUTION TO AMEND FY2022-23 SCHOOL OPERATING BUDGET AND
APPROPRIATE FUNDS TO THE SCHOOL BUDGET
WHEREAS, the Isle of Wight County School Board has requested the Isle of Wight
County Board of Supervisors amend the previously approved Fiscal Year 2022-23
Isle of Wight County Schools budget and appropriate an additional $760,000 to the
Instructional category in the School Division's Fiscal Year 2022-23 Operating
Budget.
WHEREAS, the Isle of Wight County Board of Supervisors requested funds in the
amount of $760,000 be transferred to the Fiscal Year 2022-23 County School
Operating Contribution line item from the County's Fiscal Year 2022-23
Contingency line item.
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NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Isle of Wight, Virginia that the FY2022-23 Instructional category in the School
Division's FY 2022-23 budget is hereby amended and funds appropriated in the
amount of$760,000 to be provided from the County's Contingency line item to the
County School Operating contribution line item.
BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of
Wight, Virginia is authorized to make the appropriate accounting adjustment in the
budget and to do all thing necessary to give this resolution effect.
The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty,
Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting
against the motion.
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The Board took a break and returned to open meeting.
PUBLIC HEARINGS
A. Emmanuel Baptist Church Cemetery Expansion Conditional Use Permit
Request Application of Morris G. Hall, Deacon, and the Trustees of
Emmanuel Baptist Church, Property Owner, for a Conditional Use Permit for
the Expansion of an Existing Cemetery on Property Not Currently Used as a
Church Cemetery Located at 11150 Emmanuel Church Road.
Sandy Robinson, Planner, represented the request.
Chairman Jefferson opened the public hearing.
Chairman Jefferson called for those to speak in in favor of or in opposition to the
proposed application.
Warren Hall, Deacon, Emmanuel Baptist Church, appeared and spoke in favor.
Chairman Jefferson closed the public hearing and called for comments from the
Board.
Chairman Jefferson moved that the Conditional Use Permit be approved. The
motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice,
Rosie and Acree voting in favor of the motion and no Supervisor voting against the
motion.
B. Griffin Conditional Rezoning Application of Earl S. and Diane P. Griffin and
Christine Piersall TRS SE & DP Irrevocable Trust, Owners, for a Change in
Zoning Classification from Rural Agricultural Conservation to Conditional
Rural Residential for 13.59 Acres on Vellines Lane (Rte. 712) for Single Family
Residential Use.
Miss Robinson represented the application.
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Chairman Jefferson opened the public hearing and called for those to speak in favor
of or in opposition to the proposed application.
Attorney Bill Riddick, representing the applicant, appeared stating that there had
been a misconception that this application was for a 35-unit condominium
development. He verified that the application is for a single-family residence and
requested the Board's approval.
Richard Cassell of Vellines Lane appeared and spoke in favor.
Chairman Jefferson closed the public hearing and called for comments from the
Board.
Supervisor McCarty stated that there is a rumor that this project would cause a
connector to Kings Cove Way and that VDOT was going to run a major thoroughfare
through Vellines Lane.
County Administrator Keaton confirmed that there are no plans to do that.
Supervisor McCarty moved that the application be approved. The motion was
adopted unanimously (5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and
Acree voting in favor of the motion and no Supervisor voting against the motion.
C. Application of Saunders and Ojeda, P.C., Applicant, on Behalf of James River
Crossings, Inc., Property Owner, for a Change in Zoning from Rural
Agricultural Conservation to Conditional Planned Development— Mixed Use
for 12.24 Acres Located at 23067 Channel) Way for 52 Single-Family
Detached Residences.
Josh Bateman, Planner, represented the application.
Chairman Jefferson called for those to speak in favor of or in opposition to the
proposed application.
Whitt Harper, Attorney representing James River Crossing, stated the obvious issue
is the increased traffic; however, this development will afford ways to get a
signalized intersection which is desperately needed.
Wendy Thompson, Hardy District, inquired if any investigation was done relative to
increased crime in that area.
Sharon Hart, Newport District, asked that the development not be approved as •
currently proposed because it will significantly increase the cost of services to the
County and delay improvements to the intersection of Route 17 and Route 258.
She cited State Code which stipulates that if the population of the County has
increased 5% since the last census, the County can receive proffers. She advised
that the population has increased 9.9% between 2010 and 2020 and the citizens of
the County want proffers if the Board approves the project. She stated that it
should be taken into consideration that the cost to County citizens has increased
astronomically since the Tischler Study done in 2012. She stated that building 52
units on a 12-acre parcel is absurd and that there have been numerous letters to
the newspaper regarding the overloading of traffic on Route 17. She concluded
stating that at one point in time Newport News Shipyard had staggered the hours
of workers in order to address heavy traffic on Route 17.
Thomas Finderson of the Newport District noted that most developments have one
entrance, but this has four. He stated the traffic count is not the concern. Rather
it's the safety of the children crossing the road with all this traffic being funneled
through their development. He stated school buses do not go down private streets
and a substantial buffer will be needed because the road is located right beside a
playground and is an invitation to stranger danger.
Richard Cassell of Vellines Lane stated that the roads are too narrow and will not
allow school bus access. He inquired if there had been a traffic count and stated
that a traffic light is needed at Kings Cove Way.
Chairman Jefferson closed the public hearing and called comments from the board.
County Attorney Jones responded to the Board regarding the above concerns
associated with traffic, safety and proffers. He advised that the Code of Virginia
section referenced by Mrs. Hart is a section that allows the County to charge
proffers against development; however, in this case, the County is bound by
Section 15.2-2303.4 which is applicable to new residential developments.
Addressing the issue with crime, Mr. Bateman advised that all rezoning applications
are sent to the Sheriff's Department for comment and the Sheriff's Department did
not indicate any concern with this rezoning application.
Supervisor Acree inquired with regard to fire and rescue, at what point does the
Board begin to become concerned that the County's volunteers are being
overtaxed in the middle of the County.
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County Administrator Keaton stated that Chief Humphries will need to address the
fire side of Supervisor Acree's question; however, the County has long range plans
to enlarge the Rushmere station and purchase another ambulance in the northern
part of the County which may take some of the pressure off of other County
stations.
Regarding the private road safety concerns, the Board was reminded that these are
going to be single-family residences and site plan explicitly states that the private
streets will be maintained by the Association and kept up to VDOT subdivision
street standards. Responsive to the smallness of the yard space, it was noted that
this developer should be recognized for making a small development that is
community oriented.
Supervisor Acree asked if cars parked along the street would prevent ladder trucks
from responding to emergencies. With regard to the buffering concern, He stated
that the developer makes a conscientious effort to ensure that these are well
separated lots with a good deal of privacy between them.
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County Administrator Keaton informed the Board that the School Superintendent
has informed him that school buses can go down private streets if it's a safety issue.
Supervisor McCarty moved that the application be tabled to the Board's June 2,
2022 work session so that concerns can adequately be addressed. In the
meantime, the Board is to forward all concerns to County Administrator Keaton.
The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty,
Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting
against the motion.
COUNTY ADMINISTRATOR'S REPORT
County Administrator Keaton brought to the Board's attention that he had placed
the 2021 Annual Report for Economic Development at each member's seat prior to
the meeting.
County Administrator Keaton advised that he had attended the Suffolk City Council
meeting on the Shady Pine borrow pit and the developer has requested the
application be delayed for 90 days. He will be sure to be present on August 17,
2022, the date that the application has been rescheduled to.
County Administrator Keaton addressed the Board regarding Bay Disposal's 20%
fuel surcharge fee added to the monthly rates for curbside pickup.
UNFINISHED/OLD BUSINESS
There was no old business offered for discussion.
NEW BUSINESS
County Administrator Keaton presented a carryover request from the schools in
the amount of $197,444 in capital maintenance funds relative to HVAC issues at
Carrollton Elementary School and Georgie Tyler Middle School.
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY 2021-2022 OPERATING BUDGET AND
APPROPRIATE FUNDING FOR SCHOOL-RELATED PROJECTS WITH UNEXPENDED FY
2020-2021 SCHOOLS' FUNDS
WHEREAS, on June 30, 2021, the Isle of Wight County Schools had unexpended
Capital Maintenance funds in the amount of $197,444; and,
WHEREAS, the Schools have encountered major HVAC issues at Carrollton
Elementary School and Georgie Tyler Middle School; and,
WHEREAS, the School Board has requested the carryover funds in the amount of
one hundred ninety-seven thousand four hundred forty-four dollars ($197,444)
from the FY2020-21 unexpended funds be appropriated to the Operations and
Maintenance category in the Schools' Budget for temporary HVAC units at the
aforementioned schools until repairs can be finalized.
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NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that carryover funds in the amount of one
hundred ninety-seven thousand four hundred forty-four dollars ($197,444) from
the FY2020-21 unexpended funds be appropriated to the Operations and
Maintenance category in the FY2021-22 Schools' Budget for:
Temporary AC Classroom Units at Carrollton Elementary - $134,639
Temporary AC Cooling Tower at Georgie D. Tyler Middle - $62,805
BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of
Wight, Virginia is authorized to make the appropriate accounting adjustment in the
budget and to do all things necessary to give this resolution effect.
The motion was adopted unanimously (5-0) with Supervisors Jefferson, McCarty,
Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting
against the motion.
County Administrator Keaton presented a Resolution to Amend the Budget and
Appropriate Federal Funding for Before and After School Programs in the amount
of$573,168.
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION TO AMEND THE FY 2020-21 BUDGET
AND APPROPRIATE ESSER III FUNDS TO THE SCHOOLS BUDGET
WHEREAS, the Isle of Wight County School Board will receive federal funding via
the Elementary and Secondary School Emergency Relief (ESSER III) fund; and,
WHEREAS, the School Board has requested that the Board of Supervisors
appropriate ESSER III funds to the Instructional category in the School Division's FY
2021-22 budget for the following projects:
- $423,650—Address Unfinished Learning
- $149,518 - Before and After School Programs
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2021-22 budget is hereby amended and funds in the
amount of$573,168 or as much as shall be received from the American Rescue Plan
Act — ESSER III fund be appropriated to the Instructional category in the School
Division's FY 2021-22 budget for the projects listed above.
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 was adopted unanimously (5-0) with Supervisors Jefferson, McCarty,
Grice, Rosie and Acree voting in favor of the motion and no Supervisor voting
against the motion.
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County Administrator Keaton presented a revised Memorandum of Understanding
for the Emergency Communications Center for the Board's consideration.
Supervisor McCarty moved that the Chairman be authorized to execute the revised
Emergency Communications Center MOU. The motion was adopted unanimously
(5-0) with Supervisors Jefferson, McCarty, Grice, Rosie and Acree voting in favor of
the motion and no Supervisor voting against the motion.
ADJOURNMENT
At 9:45 p.m., Chairman Jefferson declared the regular meeting adjourned.
AIRVP
011iturfOrD 56trrt Rudolph Jefferson, Chairman
Carey Mills Storm, Clerk
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