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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). 1 Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor 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 2 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 3 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. 4 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. 5 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. // 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. 6 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. • 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. 8 I 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. 9 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. • 10 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 11