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.
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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.
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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)
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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.
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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.
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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.
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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.
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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,
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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
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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,
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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
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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
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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.
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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
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