12-08-2022 Regular Meeting (5pm)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 EIGHTH DAY OF DECEMBER 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 amended to include a continuation of
a discussion from the work session held earlier today regarding options for
consideration involving the intersection at Sugar Hill Road and Route 17 following
Citizens Comments. 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.
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 (a) negotiations of siting
agreements applicable to a solar projects, and (b) FOIA meeting requirements, (c)
short-term rental enforcement and (d); enforcement of residential proffers, all
pursuant to subsection 8; 2.) a discussion regarding the appointment of specific
appointees to County boards, committee or authorities as set forth in the agenda,
pursuant to subsection 1; and, 3.) a discussion regarding the sale or publicly held
property, namely, the Stoup property, which consist of approximately 1 acre;,
where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the Board, pursuant to subsection 3.
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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.
VOTE
AYES: Acree, Grice, Jefferson, McCarty. Rosie
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION
Dale Baugh delivered the invocation and led the Pledge of Allegiance to the American
flag.
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CITIZENS' COMMENTS
A resident of the City of Chesapeake introduced Dr. Kathy Gilliam, the new Director
of the 4-H Center in Wakefield.
Chairman Jefferson called for the Board's continued discussion regarding Sugar
Hill Road and Route 17.
Jamie Oliver, Transportation Manager, advised that information requested by
citizens at the most recent Town Hall meeting at the Carrollton Elementary School
on December 5, 2022 will be posted on the County's website and that staff is
currently following up with VDOT on several items of concern expressed at that
same meeting.
Responsive to Vice -Chairman McCarty and relative to the Route 17 Arterial
Preservation survey, Ms. Oliver advised that zip code information has been
collected for both the STAR Study and the Route 17 Arterial Preservation.
Responsive to Supervisor Acree, County Administrator Keaton explained Ms.
Oliver's position with the County which is the Transportation Manager charged
with managing transportation needs in the County. He continued that Ms. Oliver
works closely with VDOT and recognized her successful efforts over the last six
years in locating and managing $34 million in grants for the County.
CONSENT AGENDA
The following Consent Agenda items were considered for approval and on motion
of Vice -Chairman McCarty were unanimously adopted (5-0) as presented:
A. Resolution to Amend the Budget and Appropriate Funding from the
Virginia State Police Help Eliminate Auto Theft (HEAT) Grant Program
($10,000)
B. Resolution to Amend the Budget and Transfer Funding from the
FY2022-23 Utilities Fund Budget to the FY2022-23 Capital Fund
Budget ($1,845,000)
C. Resolution to Amend the Budget and Appropriate Funding from the
Virginia Tourism Corporation ($50,000)
D. Minutes
October 6, 2022 Work Session Minutes
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REGIONAL AND INTER -GOVERNMENTAL REPORTS
No reports were offered.
APPOINTMENTS
There were no appointments offered for consideration.
SPECIAL PRESENTATIONS
Dr. Tom Hall, Christopher Newport University, presented the findings of a housing
study recently completed in the County and sponsored by the Peninsula Realtors'
Association.
COUNTY ATTORNEY'S REPORT
County Attorney Jones presented the SPSA Transfer Station Ground Lease on Four
Square Road for the Board's consideration which is set to expire on January 25,
2023.
Vice -Chairman McCarty moved that the lease be renewed for five years or until
January 24, 2028 for the approximate 6.1-acre site located in the Hardy District of
Isle of Wight. 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 requested the Board to provide any comments or
suggestions for revision to the Board's annual By -Laws and Rules of Procedure for
adoption at the Board's January 5, 2023 organizational meeting.
Following discussion on Section 2-11.A.1, County Attorney Jones offered to amend
the Board's By -Laws to allow for electronic attendance at six meetings per year.
PUBLIC HEARINGS
A. Ho-Fel Solar, LLC Siting Agreement
County Attorney Jones defined a siting agreement and explained "solar revenue
share" and financial terms of siting agreements affected by whether or not a
locality has adopted "revenue share." He then requested that the Board table the
matter after closing the public hearing and placing it following the Conditional Use
Permit because the siting agreement speaks in terms of a Conditional Use Permit
that has been granted.
Chairman Jefferson opened the public hearing and called for persons to speak in
favor of or in opposition to the application.
Matt Berger with Pine Gate Renewables spoke briefly on the project's background
and advised that the proposed project will generate $4.5 million of tax revenue for
the County if approved.
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Chairman Jefferson closed the public hearing and called for comments from the
Board.
Supervisor McCarty moved to table action until later in the agenda under 14.13. 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.
B. Ordinance to Amend the Following Section of Appendix B, Zoning, of the Isle
of Wight County Code: Article 5 (Supplementary Use Regulations), Section 5-
5003.13.1, "Cemetery," in order to Reduce the Front Yard Setback
Requirement for any Burial Plot on Land Abutting a Public or Private Street
to 25 Feet
Amy Ring, Director of Community Development, explained the proposed
amendment is being presented for consideration responsive to the Board's request
to allow additional flexibility to place burial plots closer to adjacent roads.
Chairman Jefferson opened the public hearing and called for persons to speak in
favor of or in opposition to the application.
Upon no one appearing, Chairman Jefferson closed the public hearing and called
for comments from the Board.
Chairman Jefferson moved that the following Ordinance be adopted with the
recommended changes:
AN ORDINANCE
TO AMEND AND REENACT SECTION 5-5003.13 (CEMETERY) OF
APPENDIX B (ZONING) OF THE CODE OF THE COUNTY OF ISLE OF
WIGHT, VIRGINIA
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the
legislative authority to make reasonable changes to the ordinances that govern the
orderly growth and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also concerned
about the compatibility of uses on public and private lands within Isle of Wight
County and seeks to allow flexibility in the administration of the ordinance
regulations while protecting the health, safety, and general welfare of present and
future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Section 5-5003.13 (Cemetery) of Appendix B (Zoning) of the Isle of
Wight County Code be amended and reenacted as follows:
Article V. Supplementary Use Regulations.
Sec. 5-5003. - Supplementary use regulations for civic use types.
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B. Cemetery.
1. Any burial plot on land abutting a public or private street shall comply
with the required setback of twenty-five (25) feet from all property lines.
In addition, cemeteries shall comply with all state regulations, including
setbacks from residential uses and public water supplies.
2. Arrangements for perpetual maintenance of the cemetery shall be in
compliance with all applicable governmental laws and regulatory
requirements and shall be approved by the county attorney as to form.
3. Cemeteries and distance from wells. All cemeteries shall meet the
requirements set forth below unless otherwise exempted by the
department of health.
Well Class
Distance from Cemetery
Class 3A or deep well
Minimum 50 feet
Class 3B well
Minimum 50 feet
Class 3C or a shallow well
Minimum 100 feet
Class 4 well
Minimum 100 feet
4. Landscaping shall be distributed across the area developed as a
cemetery to provide a minimum of ten percent (10%) canopy coverage or
shading within twenty (20) years.
5. The proposed location for a cemetery shall be compatible with
adjacent land uses, existing or proposed highways, and any other
elements or factors deemed to affect the public health, safety, and
welfare of the inhabitants of such district.
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.
C. Ordinance to Amend the Isle of Wight County Comprehensive Plan,
Envisioning the Isle, to Incorporate by Reference the Plan Known as, "Share
the Isle: Isle of Wight County's Plan for an Aging and Mixed Ability Inclusive
Community," as Appendix XII in the Comprehensive Plan
Ms. Ring provided background information and provided an explanation on the
proposed ordinance amendments.
Chairman Jefferson opened the public hearing and called for persons to speak in
favor of or in opposition to the application.
Thomas Finderson of Sugar Hill Road recommended that there be a focus area 6 on
financial security. He remarked that seniors that depend primarily on social
security are in crisis now.
Chairman Jefferson closed the public hearing and called for comments from the
Board.
Vice -Chairman McCarty recommended adding an area dealing with financial
security.
Chairman Jefferson noted the importance of the public, particularly senior citizens,
to be kept informed about resources available to them should they get in a crisis
which include assistance from the Department of Social Services, Medicaid and
public transportation in the County.
Vice -Chairman McCarty moved that the following Ordinance be adopted as
amended keeping the same focus areas and creating a large umbrella that says
something to the effect of the fiscal security for our seniors:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY,
VIRGINIA TO APPROVE
AN AMENDMENT TO THE COMPREHENSIVE PLAN
TO INCORPORATE BY REFERENCE THE PLAN KNOWN AS, "SHARE THE ISLE:
ISLE OF WIGHT COUNTY'S PLAN FOR AN AGING AND MIXED ABILITY INCLUSIVE
COMMUNITY," AS APPENDIX XII IN THE COMPREHENSIVE PLAN
WHEREAS, Section 15.2-2229 of the Code of Virginia stipulates that any
amendments to a community's Comprehensive Plan be recommended by
resolution to the governing body by the local planning commission; and
WHEREAS, the Isle of Wight County Board of Supervisors on January 16,
2020, directed that the "Share the Isle" Plan be developed and referred to the
Planning Commission for its consideration and that staff be directed to do all things
necessary to proceed with the Plan in a timely manner; and
WHEREAS, the Isle of Wight County Planning Commission finds it advisable
to amend the Comprehensive Plan, Envisioning the Isle, to include the new
amendment as Appendix XII of the Plan;
WHEREAS, the Isle of Wight County Planning Commission has given notice
and held a public hearing on said amendment to the Comprehensive Plan on
November 22, 2022, as required by Section 15.2-2204 of the Code of Virginia;
WHEREAS, the Isle of Wight County Board of Supervisors has given notice
and held a public hearing on the new Comprehensive Plan on December 8, 2022,
after notice as required by Title 15.2, Chapter 22, Article 4 and Article 26 of the
Code of Virginia;
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of
Supervisors that the amendment to the Isle of Wight County Comprehensive Plan
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known as "Share the Isle: Isle of Wight County's Plan for an Aging and Mixed Ability
Inclusive Community," attached hereto as Exhibit A.
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.
D. Sale of County Property/10272 Newport Street, Battery Park, Virginia
County Attorney Jones represented the sale of public property consisting of .14
acres and located at 10272 Newport Street in Battery Park, Virginia advising that
the property was acquired by the County in 1996 and has been used as a well lot.
He continued that since 2013, the County has been leasing that lot to Alvin Smith
for $1 per year who has offered to purchase the lot for the assessed value of $4,000.
He advised that the Department of Utilities has advised that the County has no
need for future use of the well.
Chairman Jefferson opened the public hearing and called for persons to speak in
favor of or in opposition to the application.
No one appeared to speak in favor or opposition and Chairman Jefferson closed the
public hearing and called for comments from the Board.
Supervisor Rosie moved to authorize the Chairman to execute all appropriate
documents necessary to transfer said property. 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.
E. Sale of County Property located at 15030 Carrollton Boulevard, Carrollton,
Virginia
County Attorney Jones represented the issue of a sale of public property located at
15030 Carrollton Boulevard in Carrollton, Virginia consisting of 1.73 acres. He
recommended that the lot be deeded back to the owner with the County reserving
the right to utilize the pond for the fire station and the pump station. He explained
that when the subdivision was developed, the pump station was to be conveyed to
the County, however, the entire parcel was erroneously conveyed to the County in
2007 and in order for the owner to develop the remainder of his lot as depicted on
the master plan, the green space and the pond are needed in order to make it work.
Chairman Jefferson opened the public hearing and called for persons to speak in
favor of or in opposition to the application.
There being no one to speak in favor of or in opposition to, Chairman Jefferson
closed the public hearing and called for comments from the Board.
Vice -Chairman McCarty moved to authorize the Chairman to execute all
appropriate documents necessary to transfer said property. 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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The Board took a break and upon returning to open session, Chairman Jefferson
called for the County Administrator's report.
Assistant County Administrator Robertson asked the Board to review the meeting
schedule contained in the agenda and advise of any adjustments that need to be
made for calendar year 2023.
Assistant County Administrator Robertson asked the Board to begin consideration
of potential subjects, dates and locations for its next retreat.
UNFINISHED/OLD BUSINESS
Chairman Jefferson called for discussion of the following Old Business item:
Application of Ho-Fel Solar, LLC (CUP-02-22), Applicant, and Dustin and Brandy
Atkins and Cobb Land Limited Partnership, Property Owners, for Expansion of a
Previously Approved Conditional Use Permit
Vice -Chairman McCarty moved that the application be tabled and asked staff to
work out some of the kinks noted tonight and return to the Board at a future date
when all the answers are known. 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.
The following were specific questions posed by the Board:
1. How are they going to guarantee paying us $4.5 million?
2. Wants clarity in terms of numbers and projections
3. Wants to see what the revenue stream looks like for the first 20 years and
then what the revenue stream looks like thereafter in five-year increments
NEW BUSINESS
County Administrator Keaton introduced the subject of the Fire and Emergency
Medical Services Mutual Aid Agreement with Surry County.
Supervisor McCarty moved that the Chairman be authorized to execute the
Agreement with Surry County. 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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ADJOURNMENT
At 9:45 p.m., Chairman Jefferson declared the regular adjourned.
SKI-,
il:� •If
Stotin, Clerk
William M. Mc rty, Sr., Chairman
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