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10-20-2022 - BOS Regular Meeting MinutesREGULAR 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 OCTOBER IN THE YEAR TWO THOUSAND AND TWENTY-TWO BOARD MEMBERS PRESENT: 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 PRESENT: 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. APPROVAL OF THE AGENDA Supervisor Acree moved that the agenda be adopted with the following amendments: Under New Business, add discussion and consideration of appointing two taskforces at the Board's work session of November 3, 2022 (an energy needs and land use taskforce tasked with recommending residential development within the County's three Development Service Districts specifically to generate workforce housing and growth equity within the three Development Service Districts; move Consent Agenda Item (D), Resolution to Amend the FY2022- 23 Budget and Appropriate Funding for Heritage Park Improvement Projects (Canopy Buildings) ($70,478) to Old Business for further discussion; Old Business, add discussion of the Nike missile; and, under New Business, add the VDOT Sugar Hill report. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. On motion of Vice -Chairman McCarty, which was adopted unanimously (5-0), discussion involving the Farmer's Market was added under Old Business. 1 CLOSED MEETING Pursuant to Section 2.2-3711(A) of the Code of Virginia, Vice -Chairman McCarty moved to enter the closed meeting for the limited purpose of 1.) Consultation with legal counsel employed by the board regarding specific legal matters requiring the provision of legal advice by such counsel, namely the application of the Dillon rule to zoning matters and other zoning issues, pursuant to subsection 8; a discussion or consideration of the investment of public funds in (1) a public market and (2) expansion of water service, where competition or bargaining is involved, where, if made public, the financial interest of the County would be adversely affected, pursuant to subsection 6; a discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, and a discussion regarding the performance of a specific County employees, to include the County Administrator pursuant to subsection 1; and, a discussion regarding the sale of publicly held property in the Town of Smithfield, 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). Upon motion of Vice -Chairman 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 Vice -Chairman 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. 2 VOTE AYES: Acree, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Pastor Jones delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Steven Kirkpatrick, Board of Directors, Western Tidewater Free Clinic, acknowledged the County's past financial support and provided an update on the County patients served in the first part of 2022. He reported that the dental practice is being expanded and there are plans to expand the footprint of the building. Steven Turner, President, Carrollton Meadows Homeowners Association, on behalf of the 78 homes in the Homeowners Association, requested the Board to deny the request of Heritage Apartments for a height exception amendment. Albert Burckard, on behalf of the Carrollton Civic League, spoke in favor of the Heritage Apartments height exception amendment. Herb DeGroft, Carrsville District/District 5, spoke in opposition to the return of $1.2 million to the school division. He requested that VDOT be reminded that the center line on the Cypress Creek Bridge needs to be repainted. He concluded his remarks with a request to proceed with having the Nike missile painted and erected. CONSENT AGENDA The following Consent Agenda items were summarized by County Administrator Keaton for the benefit of the public and on motion of Vice -Chairman McCarty were unanimously adopted as summarized: A. Resolution to Amend the FY21022-23 Grant Fund Budget and Appropriate Funding from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program ($1,050) B. Resolution to Amend the FY2022-23 Grant Fund Budget and Appropriate Funding from the Virginia Department of Motor Vehicles Alcohol Enforcement Program ($13,850) 3 C. Resolution to Amend the FY2022-23 Grant Fund Budget and Appropriate Funding from the Virginia Department of Motor Vehicles Speed Enforcement Program ($14,250) D. Resolution to Amend the FY2022-23 Operating Budget & Appropriate Funding for Repair of County Property from Insurance Proceeds for Repairs of County Vehicles ($2,829) E. Resolution to Amend the FY2022-23 Budget and Appropriate Funds from the Virginia Department of Education School -Based Health Workforce Grant ($80,000) F. Resolution to Amend the FY2022-23 Operating Budget and Appropriate Funding for School Resource Office Grant Program ($267,743) G. Resolution to Assign Fund Balance for School Security and Public Safety Equipment ($1,120,000) H. Resolution to Amend the FY2022-23 Budget and Appropriate Funding from the Virginia DHCD Covid-19 ARPA SLFRF Municipal Utility Assistance Program ($4,126) I. Resolution to Amend the FY2022-23 Grant Fund Budget and Appropriate Funding from the Virginia Criminal Justice Foundation for out-of-state training for prosecutors and the elected Commonwealth's Attorney ($4,000) J. Minutes September 1, 2022WorkSession Minutes September 15, 2022 Regular Meeting Minutes REGIONAL AND INTER -GOVERNMENTAL REPORTS No report was offered. APPOINTMENTS There were no appointments offered for consideration. SPECIAL PRESENTATIONS In honor and recognition of the County's efforts during its United Way campaign, the Board accepted a 2022 Community Cares Award of the United Way of South Hampton Roads presented by Mr. Peterson, Vice President of Research Development of United Way of South Hampton Roads. Will Drewery, Emergency Management Manager, recommended the Resolution to Designate October 9-15-2022 as Fire Prevention Week be adopted. 0 Supervisor Acree moved that the following Resolution be adopted: RESOLUTION TO DESIGNATE OCTOBER 9-15, 2022 AS FIRE PREVENTION WEEK WHEREAS, Isle of Wight County is committed to ensuring the safety and security of all those who live, work, visit, and play in the County; and, WHEREAS, the members of County's seven volunteer fire and emergency medical services agencies and the career fire and rescue staff of Isle of Wight County are dedicated to reducing the occurrence of death, injuries, and property damage through the identification of risks, education of citizens, and response to emergency incidents: and, WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and, WHEREAS, County residents who are responsive to public education measures are better able to take personal steps to increase their safety from fire, especially in their homes; and, WHEREAS, each year during the second full week in October, fire departments and other emergency services professionals across the country work to educate everyone about simple but important actions they can take to keep themselves and those around them safe from home fires. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that October 9-15, 2022, is designated as "Fire Prevention Week" in Isle of Wight County. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County extends its appreciation to the men and women of the County's Fire and Rescue agencies for the tireless work they do to keep residents safe throughout the year. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. COUNTY ATTORNEY'S REPORT Responsive to an offer to purchase County property located adjacent to the YMCA in Smithfield in the amount of $35,000 from Mr. and Mrs. Ippolito, Vice -Chairman McCarty moved that the Chairman be authorized to execute the contract subject to the contingencies contained therein. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. County Attorney Jones advised that he would be providing information on surrounding communities sign ordinances and giving an update on proffers at the Board's work session of November 3, 2022. 5 PUBLIC HEARINGS A. Auto Auction Salvage Yard Conditional Zoning Request Application of Advanced Construction Development, LLC, Applicant, and Locust Grove Partners, LP and H&B Railroad Company, Inc., Property Owners, for a Change and Amendment to Existing Zoning to Conditional -Limited Industrial (C-LI) to Allow an Auction Establishment and a Scrap and Salvage Service on Approximately 5 Acres of Property Located on the North Side of the Western Terminus of IWIP Road (Rte. 1032) Together with Approximately 70 Acres of Property Located at 17094 Benns Church Boulevard (Rte. 10). Jeryl Phillips, Assistant Director of Community Development, provided background information and relayed the Planning Commission and staff's recommendation to approve the request with the proffered conditions. For the record, a letter in support dated October 18, 2022 was placed at the Board's seats prior to the start of the public hearing. Chairman Jefferson called for persons to speak in favor of or in opposition to the application. Whit Harper, Attorney for the applicant, advised that the cars will be sold as whole units. The next -door property owner expressed concern with the potential negative impacts to surrounding lakes and inquired how the applicant intends to preserve them, to include the cat ponds. Albert Burckard, District 2, on behalf of Thomas Finderson of Sugar Hill Road, expressed concern with the potential spread of fire from batteries that have been exposed to saltwater in electric vehicles. He added that the asphalt needs to be more solid than it is. Anthony Carr relayed concerns with safety and the environment. William Dytrych, Real Estate Development Manager with International Auto Auction, responded to questions from the Board regarding fires associated with batteries in electrical vehicles. Robert Toll, Engineer, Development Services Group, responded to questions from the Board related to water sources. Supervisor Grice noted that a commitment on the part of the auto company to have a strong training relationship with the supporting fire station for this particular type of fire is desirous. Supervisor Acree moved that the application be approved as proffered. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. 14 B. Enterprise Zone Expansion Chris Morello, Director of Economic Development, provided a review of the Enterprise Zone Expansion Program offered through the Department of Housing & Community Development which requires that a public hearing be conducted and a resolution adopted. He advised that the City of Franklin and Southampton County are joint partners with the County and they must endorse expansions in the County. He concluded his presentation with a briefing on subzone expansions since his last briefing on September 15, 2022, followed by the next steps after the public hearing. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the Program. John Rector, Realtor, representing the Hollowell family, Windsor District parcel owner, spoke in support of the creation of the Enterprise Zone and provided a brief history of that property. Chairman Jefferson closed the public hearing and called for comments from the Board. Vice -Chairman McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE JOINT ISLE OF WIGHT/SOUTHAMPTON ENTERPRISE ZONE WHEREAS, Isle of Wight County has a designated Enterprise Subzone, identified as the Camptown Enterprise Subzone, that provides a combination of State and Local incentives to promote economic development; and, WHEREAS, Isle of Wight County has a designated Enterprise Zone, identified as the Windsor Enterprise Subzone 1, that provides a combination of State and Local incentives to promote economic development; and, WHEREAS, there is a current need to amend both the existing Camptown Enterprise Subzone and Windsor Enterprise Subzone 1 in Isle of Wight County to incorporate additional properties in and around the Town of Windsor and to increase economic growth opportunities; and, WHEREAS, this proposed expansion will serve to benefit economic and industrial expansion of Isle of Wight County to meet the goals and objectives of the Virginia Enterprise Zone Program. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors authorizes the County Administrator to submit the necessary Enterprise Zone amendment package and sign all necessary documentation on behalf of Isle of Wight County for this proposed Enterprise Zone amendment and meet other program administrative and reporting requirements, as defined by the Enterprise Zone Regulations throughout the life of the zone. VA On the subject of a Fee Schedule for Heritage Park, Vice -Chairman McCarty moved that the matter be tabled to allow staff additional time to obtain information. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. Jamie Oliver, Transportation Manager, reported on a recent accident on Route 17 and Sugar Hill Road and advised that she would be presenting additional information from VDOT which has requested that the County consider interim median control measures to be put in place in the short term before the County finds out about the SmartScale application that the County has put in for a left turn merge lane. COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton reported on a recent staff turnover in the Treasurer's office resulting in certain reports being unavailable at this time. County Administrator Keaton reported that the monthly sales tax reflects a 10.5% increase in September. Chairman Jefferson called for a break. Upon returning to open session, Chairman Jefferson called for old business discussion. UNFINISHED/OLD BUSINESS WaWa Convenience Store and Gasoline Station Conditional Use Permit Request Application of Remus Brustur of Frontier Development, Applicant, and the William G. Yeoman, III, Trust, Property Owner, for a Conditional Use Permit (CUP-8-21) for a Wawa Convenience Store and Gas Station on 5.69 Acres Located on the Southwest Corner of Turner Drive (Rte. 644) and Benns Church Boulevard (Rte. 10). At the request of the applicant, Vice -Chairman McCarty moved that the application be deferred to the Board's November 17, 2022 meeting. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. County Administrator Keaton reported that three bids had been received for Phase II of the Route 10 waterline and he would recommend accepting the low bid in the amount of $2,499,999 with Peters & White Construction. Supervisor Acree moved to approve the low bid received for Phase II of the Route 10 waterline in the amount of $2,499,999 and award the contract to Peters & White Construction. The motion passed unanimously (5-0) with Supervisors McCarty, 0 Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. Assistant County Administrator Robertson stated included in the agenda for the Board's consideration is a Resolution Establishing Isle of Wight County's Legislative Priorities for the 2023 Session of the General Assembly which includes an item related to advertising for public notices and other language recommended by the Board. He advised that the cities of Franklin and Suffolk are taking positions in opposition to anything that comes out of the proposed legislation that could negatively impact the regional jail and the Board may wish to add an additional item consistent with what the cities will be doing. Vice -Chairman McCarty moved that the following Resolution be adopted with inclusion of language in support of the regional jail: RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PRIORITIES FOR THE 2023 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the County of Isle of Wight, Virginia has specific interest in matters dealing generally with local governments, as well as matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia endorses the attached legislative proposals for the 2023 General Assembly Session and directs that both this resolution and the legislative priorities be forwarded to Isle of Wight County's General Assembly Delegation and that staff work with and assist the Delegation as appropriate. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. Assistant County Administrator Robertson advised that for the Board's further consideration is a Resolution Requesting Support to be Added as a Qualifying Locality in Section 58.1-602 of the Code of Virginia. Vice -Chairman McCarty moved that the following Resolution be adopted: RESOLUTION REQUESTING SUPPORTTO BE ADDED AS A QUALIFYING LOCALITY IN § 58.1-602 OF THE CODE OF VIRGINIA 0 WHEREAS, the Isle of Wight County Board of Supervisors and School Board have jointly identified the need for construction of new elementary schools; and, WHEREAS, the construction costs of school facilities are continuing to rise at accelerating rates; and, WHEREAS, § 58.1-602 of the Code of Virginia authorizes "the qualifying locality" to impose an additional local sales and use tax at a rate not to exceed one percent, as determined by the governing body, if initiated by a resolution of the local governing body and approved by the voters at a referendum; and, WHEREAS, § 58.1-602 of the Code of Virginia affords local citizens the ability to directly communicate its desires relative to funding the debt service of the new construction or major renovation of school facilities. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia the support of the Governor of the Commonwealth of Virginia and the General Assembly relative to its request to be added to § 58.1-602 of the Code of Virginia as a "qualifying locality". The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. County Administrator Keaton presented a Resolution to Amend the FY2022-23 Budget and Appropriate Funding for Heritage Park Improvements Projects (Canopy Buildings). Vice -Chairman McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2022-2023 BUDGET AND APPROPRIATE FUNDING FOR HERITAGE PARK IMPROVEMENT PROJECTS WHEREAS, the Isle of Wight County Fair Fund has excess funds in the amount of $70,428; and, WHEREAS, the Isle of Wight County Board of Supervisors desires these funds be used to provide improvements to recently constructed Heritage Park canopy buildings; and, WHEREAS, the Isle of Wight County Board of Supervisors needs to budget and appropriate the $70,428 fund balance to be transferred from the County Fair Fund to the Capital Projects Fund for improvements to the Heritage Park canopy buildings. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that the FY 2022-2023 Budget is hereby amended, 10 and funds appropriated in the amount of $70,428 fund balance to be transferred from the County Fair Fund to the Capital Projects Fund for improvements to the Heritage Park canopy buildings. 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 passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. Responsive to Supervisor's request for the status of equestrian trails and other projects proposed for the Blackwater property, Assistant County Administrator Robertson offered to return to the Board at its November 3, 2022 work session with a status report. Vice -Chairman McCarty spoke favorably in moving forward .with the Nike missile project and advised he would like to get community partners involved again after the missile is painted. NEW BUSINESS Heritage Apartments Height Exception Amendment Request of KS Carrollton, LLC, Property Owner, to Amend the Conditions of Approval of a Height Exception for the Heritage Apartments Located at 23321 Sugar Hill Road in Order to Allow Required Trees to be a Minimum of Ten Feet at Planting Instead of Twelve Feet at Planting Ms. Phillips provided a brief explanation of the property owner's request to amend previously approved conditions to allow the required trees to be a minimum of ten feet at planting instead of twelve feet at planting. Mr. and Mrs. Kooiman addressed the Board regarding their inability to locate twelve -foot trees and requested that they be allowed to plant ten -foot trees. Vice -Chairman McCarty advised that he heard from the property owners of Lot 4 who relayed that they stand behind their concerns; however, as long as the trees were 8 to 10 Feet, they were willing to live with it because it at least will provide some screening. Supervisor Grice advised that he has also heard from a number of his constituents, most of which are opposed to the ten -foot plantings, as well as the HOA President suggesting that these types of trees should be looked at again because of the building. Vice -Chairman McCarty moved to amend the previously approved conditions of the Kooiman's height exception to allow the required trees to be a minimum of ten feet at planting instead of twelve feet at planting. The motion passed (4-1) with 11 Supervisors McCarty, Acree, Rosie and Jefferson voting in favor of the motion and Supervisor Grice voting against the motion. Conditional Zoning Amendment for Archer's Meade (ZA-3- 22) Conditional Zoning Amendment Request to Amend Proffered Conditions for the Archer's Meade Mixed -Use Planned Development Conditional Zoning Approval for the Development of 63 Single -Family Residential Units and Commercial Uses with Proffered Conditions on Approximately 24.33 Acres Located on the East Side of Carrollton Boulevard (Route17). Ms. Phillips began with a description of the site, followed by background and project description. She reviewed the existing proffer statement from the original rezoning and advised that the applicant is proposing a right -in right -out in lieu of relocating the existing crossover. Department and agency reviews were reviewed and a staff analysis with respect to safety and function and long-term impacts were explained. Ms. Phillips concluded her presentation stating that the recommendation of staff was to recommend approval with the condition that VDOT finds revised proffer statement dated October 20, 2022 to be acceptable as per comments provided to the applicant and that upon review, VDOT requested an additional revision, which the property owner/applicant finds acceptable and offers a revised proffer statement as follows: The owner, at his sole cost and expense, shall cause to be constructed the following transportation improvements: 1. Intersection of Route 17 & Clay Sawyer Property Entrance — The developer shall provide the following improvements at this location: A. In lieu of relocating the existing crossover, the Owner shall close and eradicate the crossover and install a right -in and right -out entrance into Archer's Meade constructed to VDOT requirements. B. A 200' right turn lane with 200' taper shall be constructed on northbound Route 17 into the site. County Attorney Jones advised that the applicant has executed a new notarized proffer statement containing the above amendment prior to the hearing today. Vice -Chairman McCarty remarked that due to there not being any proposed change to density, he would move that the Board waive the public hearing requirements for this application. The motion passed (4-1) with Supervisors McCarty, Rosie, Grice and Jefferson voting in favor of the motion and Supervisor Acree voting against the motion. Ted Miller, Kimley Horn, stated that VDOT is in the middle of this study and soliciting input from the public with preliminary concepts up to the Channel Way intersection going up to Brewer's Neck. He stated that the idea is to eliminate median crossovers within the corridor to help with the capacity of the corridor. He explained that the challenge here is that the developers have a proffer from years ago that was done before the study that they are aware of contradicts the direction 12 that VDOT seems to be heading in the corridor. He stated the best answer is eliminating the median and putting in the right -in and the right -out with the knowledge that this specific intersection is not addressed in the VDOT study. Vice -Chairman McCarty moved to accept the new proffered conditions. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion Staff was requested to bring back reconsideration of the Channell Way intersection. County Attorney Jones reported that the County has been notified that the County is going to be required to have a Title VI Program which must be in place by January 1, 2023 in order to continue to receive Federal funds. Supervisor Acree moved that the following Resolution be adopted: RESOLUTION TO ADOPT A TITLE VI PROGRAM FOR ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, in 1964, Congress enacted the Civil Rights Act of 1964, which included that section labeled Title VI which prohibits discrimination in any activity which is financed by federal funds or receives federal financial assistance; and, WHEREAS, since the adoption of Title VI, additional federal regulations and court decisions have further refined the definition of "federal financial assistance" and what entities are affected and controlled by Title VI; and, WHEREAS, the Isle of Wight County, Virginia has no formal policy in place for defining and preventing discrimination in the activities and for the entities Title VI affects; and, WHEREAS, the interpretation and application are not intuitive or readily understood, requiring an understanding of what "federal financial assistance" might be in any particular situation and what persons or entities must comply with Title VI; and, WHEREAS, a policy and procedure for reporting violations will provide guidelines for the County, County Departments and private persons and companies doing business with the County and receiving federal financial assistance. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the Title VI Program is hereby adopted BE IT FURTHER RESOLVED that the County Administrator is hereby authorized and directed to implement the Title VI Program in compliance with Federal Law. 13 The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. Assistant County Administrator Robertson requested the Board to designate the County's Voting and Alternate Delegate authorized to vote at the VACo Annual business meeting. Supervisor Acree moved that Chairman Jefferson be designated as the County's Voting Delegate and that Vice -Chairman McCarty be designated as the County's Alternate Delegate. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. Supervisor Grice requested County Administrator Keaton to place an item on the agenda for the Board's November 3, 2022 work session pertaining to the creation of a task force charged with a mission of developing a comprehensive approach and how the County might manage energy going forward. Supervisor Grice requested County Administrator Keaton to place an item on the Board's agenda for its November 3, 2022 work session regarding development of a plan with suggestions on how Development Service Districts are developed. On the subject of Sugar Hill Road and in response to a request by Vice -Chairman McCarty, County Administrator Keaton agreed to look at some dates and locations to conduct a town hall meeting with citizen interaction. Topics include, but are not limited to, the use of golf carts and speed bumps. On the subject of the Farmer's Market, Supervisor Grice moved to commit to a sum up to, but not to exceed, $1.4 million towards the development of a new public market subject to the negotiation of terms acceptable to the County to include, but limited to, design, management and ongoing maintenance. The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion and no Supervisor voting against the motion. ADJOURNMENT At 10:00 p.m., Chairman Jefferson declared the reg �aTlaurrmd—l" (, William M. M ty, Sr., Chairman Carey Mills Storm, Clerk 14