02-23-2023 Regular MeetingREGULAR 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 TWENTY-THIRD DAY OF FEBRUARY IN THE YEAR TWO
THOUSAND AND TWENTY-THREE
BOARD MEMBERS PRESENT:
William M. McCarty, District 2, Chairman
Joel C. Acree, District 4, Vice -Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5
Rudolph Jefferson, District 3
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 McCarty called the regular meeting to order at 5:00 p.m.
APROVAL OF AGENDA
Chairman McCarty moved to approve the agenda as amended to add a discussion
concerning the formation of an Energy Task Force under New Business and move
Item (C) under New Business (Application MISC-1-23 of Dana Louise Edwards,
George W. Edwards, and Jeanette J. Edwards, Property Owners, for a Waiver from
Section 5.11.1 of the Subdivision Ordinance in Regard to Lot Design and
Configuration) to following Public Hearing (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.
CLOSED MEETING
Pursuant to Section 2.2-3711(A) of the Code of Virginia, Supervisor Jefferson moved
to enter the closed session for the limited purpose of: 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 solar projects, negotiations regarding juvenile dentition
services and negotiations regarding the funding of the proposed farmer's market,
and (b) enforcement of stormwater maintenance fees, all pursuant to subsection
8; consultation with legal counsel regarding actual or threatened litigation
regarding Chesapeake Bay Preservation Area, Drainage Outfalls, and Building Code
violations where such consultation would adversely affect the negotiating or
litigation posture of this public body pursuant to subsection 7; and, a discussion
regarding the appointment of specific appointees to County boards, committee or
authorities as set forth in the agenda, pursuant to subsection 1.
1
The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Rosie,
Jefferson and Grice voting in favor of the motion and no Supervisors voting against
the motion.
Upon motion of Supervisor Acree 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 Chairman McCarty 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, McCarty, Rosie, Jefferson
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
The motion was unanimously adopted (5-0).
PA
INVOCATION
Supervisor Rosie delivered the invocation and led the Pledge of Allegiance to the
American Flag.
CITIZENS' COMMENTS
Albert Burckard of District 2 spoke on the subject of personal property tax relief for
fire and rescue volunteers.
LaJeune Stone asked for the Board's favorable consideration of her application
under New Business for a waiver to Section 3.2.4.A.4 and Section 5.9.1.0 of the
Subdivision Ordinance to allow a family member subdivision on a private right-of-
way not built to public standards which serves more than two lots.
CONSENT AGENDA
9
C
X
71
F
G
Resolution to Amend the Budget and Appropriate Aid to Localities Grant
Funds ($109,639)
Resolution to Amend the Budget and Appropriate Funding for Virginia
Tourism Corporation Grant ($5,000)
Resolution to Amend the Budget and Appropriate Local Law Enforcement
Block Grant Funds ($1,605)
Resolution to Amend the Budget and Appropriate Obici Community
Engagement Grant Funds ($5,000)
Resolution to Amend the FY2022-23 Operating Budget and Appropriate
Funding for Carryover Activities from Prior Fiscal Year ($17,609)
Employment Agreement - County Attorney
Minutes
December 8, 2022 Work Session Minutes
December 8, 2022 Regular Meeting Minutes
January 5, 2023 Organizational Meeting
Supervisor Jefferson moved to approve the agenda as presented. 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.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Grice reported that the Hampton Roads Alliance has brought in seven
new businesses in the region and the Eastern Virginia Regional Industrial Facilities
Authority has been placed under its umbrella.
3
Supervisor Grice reported on a recent trip to Richmond involving legislation and
publicly thanked Assistant County Administrator Robertson for his legislative
efforts on behalf of the County.
County Administrator Keaton reported that SPSA is forecasting a tipping fee of $67
and has moved forward with purchasing wetland credits and moved forward with
purchasing the adjoining property. He further reported that SPSA remains in
negotiations with Wheelabrator with the hope that they will continue to take at
least the 1,000 tons they are currently taking to provide steam for the Navy.
APPOINTMENT
Supervisor Rosie moved to reappoint Becky McConnell representing District 5 on
the Commission on Aging. 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 moved that Raynard Gibbs be reappointed to represent District 1
on the Planning Commission. The motion passed unanimously by a vote of (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 moved to appoint Valerie Butler replacing Debra Frank and
representing District 1 on the Commission on Aging. 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.
Vice -Chairman Acree moved to reappoint George Rawls to serve on the Planning
Commission representing District 4. 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.
Chairman McCarty moved that Thomas Distefano be reappointed to represent
District 2 on the Planning Commission. The motion passed unanimously (S-0) with
Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion
and no Supervisor voting against the motion.
SPECIAL PRESENTATIONS
Tabitha Davis was introduced as the County's 4-H Agent.
Stephanie Humphries, Director of Budget and Finance, provided information
relative to the County's financial performance for the second quarter of FY2022-
23.
COUNTY ATTORNEY'S REPORT
The following Resolution Approving the County's Participation in the Proposed
Settlement of Opioid-Related Claims Against Teva, Allergan, Walmart, Walgreens,
CVS, and Their Related Corporate Entities, and Directing the County Attorney
0
and/or the County's Outside Counsel to Execute the Documents Necessary to
Effectuate the County's Participation in the Settlements was offered for
consideration.
Supervisor Grice moved that the following Resolution be adopted:
RESOLUTION OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS APPROVING
OF THE COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-
RELATED CLAIMS AGAINST TEVA, ALLERGAN, WALMART, WALGREENS, CVS, AND
THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY
AND/OR THE COUNTY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS
NECESSARY TO EFFECTUATE THE COUNTY'S PARTICIPATION IN THE SETTLEMENTS
WHEREAS, the opioid epidemic that has cost thousands of human lives across the
country also impacts Isle of Wight County by adversely impacting the delivery of
emergency medical, law enforcement, criminal justice, mental health and
substance abuse services, and other services by Isle of Wight County's various
departments and agencies; and,
WHEREAS, Isle of Wight County has been required and will continue to be required
to allocate substantial taxpayer dollars, resources, staff energy and time to address
the damage the opioid epidemic has caused and continues to cause the citizens of
Isle of Wight County; and,
WHEREAS, Isle of Wight County has filed suit against Teva, Allergan, Walmart,
Walgreens, CVS, and certain of their related corporate entities for their role in the
distribution, manufacture, and sale of the pharmaceutical opioid products that
have fueled the opioid epidemic that has harmed Isle of Wight County; and,
WHEREAS, the County's suit seeks recovery of the public funds previously
expended and to be expended in the future to abate the consequences and harms
of the opioid epidemic; and,
WHEREAS, settlement proposals have been negotiated that will cause Teva,
Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to
resolve opioid-related claims against them; and,
WHEREAS, the County has approved and adopted the Virginia Opioid Abatement
Fund and Settlement Allocation Memorandum of Understanding (the "Virginia
MOU"), and affirms that these pending settlements with Teva, Allergan, Walmart,
CVS, and Walgreens shall be considered "Settlements" that are subject to the
Virginia MOU, and shall be administered and allocated in the same manner as the
opioid settlements entered into previously with the Distributors and Janssen; and,
WHEREAS, the County's outside opioid litigation counsel has recommended that
the County participate in the settlements in order to recover its share of the funds
that the settlement would provide; and,
WHEREAS, the County Attorney has reviewed the available information about the
proposed settlements and concurs with the recommendation of outside counsel.
s
NOW THEREFORE BE IT RESOLVED that the Isle of Wight County Board of
Supervisors approves of the County's participation in the proposed settlement of
opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their
related corporate entities, and directs the County Attorney and/or the County's
outside counsel to execute the documents necessary to effectuate the County's
participation in the settlements, including the required release of claims against
settling entities.
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.
PUBLIC HEARINGS
A. Application of Dana Louise Edwards, George W. Edwards, and Jeanette J.
Edwards, Owners, for a Change in Zoning Classification of One (1) Acre from
Rural Agricultural Conservation (RAC) to Rural Residential (RR) and a Request
to Withdraw the One Acre of Property from the Moonlight
Agricultural/Forestal District to Create One Lot for Single Family Residential
Use
Amy Ring, Director of Community Development, provided an overview of the
application, concluding her presentation with the application's strengths and
weaknesses and staff's recommendation to approve the rezoning request and the
Agricultural and Forestal District withdrawal request.
Chairman McCarty opened the public hearing and called for those in favor of or in
opposition to the proposed application to speak.
William Riddick, Attorney, representing the applicants, stated that the father lives
and works this farm and he stood prepared to answer any questions of the Board.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Rosie moved to approve the application. 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.
Chairman McCarty called the Board's attention to the following application which
was moved from New Business to following this public hearing under Approval of
the Agenda.
A. Application MISC-1-23 of Dana Louise Edwards, George W. Edwards, and
Jeanette J. Edwards, Property Owners, for a Waiver from Section 5.11.1 of
the Subdivision Ordinance in Regard to Lot Design and Configuration
Ms. Ring represented the waiver request from the Subdivision Ordinance.
Following an outline of the waiver criteria, she advised that the Planning
Commission did recommend approval of the waiver request at its January 23, 2023
regular meeting; however, staff could not recommend approval of the waiver
request because all necessary criteria to be considered has not been met.
William Riddick, Attorney, representing the applicants, explained that the shape of
the lot was due to the presence of wetlands. He advised that the Director of
Community Development has communicated that she does not believe that the
Subdivision Ordinance, as currently written, gives her the authority to approve this
application and he encouraged the Board to review the Subdivision Ordinance and
give the Director the flexibility to approve such requests.
Supervisor Rosie moved to approve the application. 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 directed to make amendments to the Subdivision Ordinance to provide
greater flexibility in the approval of the design and shape of lots.
B. Application of John Babb, Applicant, and Alyne C. Buchanan Estate, Property
Owner, for a Conditional Use Permit to Establish a Contractor Office and
Storage Facility on Property Located at 14232 Benns Church Boulevard
Trenton Blowe, Principal Planner, provided background information on the
application and outlined the criteria associated with a Conditional Use Permit that
is to be considered by the Planning Commission and the Board before granting
approval of same. Following its strength and weaknesses, Mr. Blowe advised that
staff recommends approval of the CUP with the following conditions: 1.) Customer
traffic to be limited by appointment only, 2.) the applicant must install a low volume
commercial entrance, 3.) the building will have a structural assessment to
demonstrate compliance with the building code and the applicant must apply for a
change of use permit as well as any other permits if alterations are to be made, 4.)
storage of equipment and materials on site shall be of such a nature so as to not
warrant the need for any type of fire suppression sprinkler system as may be
required by the local building code, 5.) hours of operation shall be limited to 7 am
until 8:00 pm Monday through Saturday and from 12:00 noon until 6:00 pm on
Sundays, 6.) the use shall be limited to home improvement business only, 7.) in lieu
of constructing the required pedestrian pathway as per Section 6-229.M of the
Zoning Ordinance, the applicant shall dedicate a twelve foot wide easement along
the Route 10 frontage for the purpose of construction of the pedestrian pathway
to the County prior to final site plan approval. He advised that the Planning
Commission recommended approval with removal of staff recommended
condition number 1 (customer traffic to be limited by appointment only).
Chairman McCarty opened the public hearing and called for those in favor of or in
opposition to the proposed application to speak.
John Babb, the applicant, appeared requesting approval of his application.
Stacy Buchanan Hurley, co -executor of her grandmother's estate, spoke in favor
expressing excitement about her homeplace being revitalized.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Following an explanation by staff of the definition of a low -volume commercial
entrance, Supervisor Grice moved to approve the application with removal of staff
recommended condition number 1 (customer traffic to be limited by appointment
only). 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. Application of Bay Sand Company, Inc., Applicant, and Everets Properties,
Inc., Charles H. Rose, Lynn K. Rose, and Estate of EE Holloway, Jr., Property
Owners, for a Conditional Use Permit to Allow Resource Extraction at
Multiple Existing and New Borrow Pits for Properties Zoned Rural
Agricultural Conservation Located on Muddy Cross Road and a Request to
Withdraw Portions of the Properties from the Longview Agricultural/Forestal
District
Mr. Blowe represented the application and provided background details. He
provided as overview of the criteria necessary for the Planning Commission and
Board of Supervisors to consider prior to granting a Conditional Use Permit; relayed
the comments from agency reviews; and, listed the application's strengths and
weaknesses. He provided staff recommendation with the following conditions: 1.)
Hours of operation be limited to 7:00 am to 4:30 pm, Monday through Friday, 7:00
am to 2 pm Saturday; and, closed on Sunday, 2.) must utilize existing internal
roadways for all associated traffic, 3.) after operations cease, the pits must be
reclaimed in accordance with the VA Department of Mines, Minerals, and Energy
regulations for reclamation, 4.) the applicant shall install heavy landscaping buffer
consisting of three rows of staggered landscaping planted a maximum of eight foot
on center and a three-foot tall berm with 3-1 slops in the first 25 feet of the front
setback along the road frontage of Muddy Cross Drive and Benns Church Boulevard
in order to better screen the operations. He advised that the Planning Commission
recommended approval of the application to the Board.
Chairman McCarty opened the public hearing and called for those in favor of or in
opposition to the proposed application to speak.
William Riddick, Attorney representing the applicant, stated this is an ongoing
operation and it has never been the subject of complaints by the VA Department
of Mines, Minerals and Energy. He referred to the economic impact and he
defended past allegations where a trucker from Newport News dumped a load in
the rural part of the County.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Jefferson moved to approve the application. 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.
0
D. Personal Property Tax Rate Adjustment
Gerald H. Gwaltney, Commissioner of the Revenue, provided a PowerPoint
presentation on the personal property tax rate adjustments in relation to the values
just received for personal property. He recalled that the personal property tax had
been lowered last year due to an anticipated substantial increase in values and the
Board was apprised that in order to generate the same amount of revenue as last
year would require returning to the original rate of $4.50. It was noted that
returning the rate to $4.50 will not generate additional revenue and will keep the
revenue the same.
Chairman McCarty opened the public hearing and called for those in favor of or in
opposition to the proposed application to speak.
Shelly Perry of District 3 stated that she did not agree with returning the rate for
personal property back to $4.50 if it is going to be valued the same as last year. She
noted that her vehicle now has 155,000 miles on the odometer.
Mr. Gwaltney asked Ms. Perry to bring to his office a copy of her most recent State
inspection showing her mileage and she will be issued a credit for her high mileage.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Grice moved to set the Personal Property tax rate at $4.50 with tax relief
being set at 37%. 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. Temporary Construction and Access Utility Easement Across County -owned
land located at Rattlesnake Trail and Broadwater Road
County Attorney Jones introduced the request for temporary construction and
access utility easement across County -owned land and he recommended that the
Board authorize the Chairman to sign the necessary easement and allow the
County Administrator to execute any other required closing documents.
Chairman McCarty opened the public hearing and called for those in favor of or in
opposition to the proposed application to speak.
At the request of Supervisor Rosie, Ann Thompson and R. J. Bailey offered to leave
the temporary roads intact so that the land can be navigated more easily and also
to meet on site with the Blackwater Advisory Board and the Parks Recreation
Director.
Chairman McCarty closed the public hearing and called for comments from the
Board.
9
Chairman McCarty moved to approve the temporary construction and access utility
easement as presented. 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'S REPORT
Following a brief recess, Assistant County Administrator Robertson advised that the
County has been awarded $750,000 from the Federal Government which will be
used at the Tyler's Beach Boat Harbor. At the request of Supervisor Jefferson, an
update on Bradby Park was provided.
Assistant County Administrator Robertson provided a legislative update of the 2023
General Assembly session, to include SB1408 which was defeated.
County Administrator Keaton advised that the plans for the Rushmere Volunteer
Fire Department expansion are 90% complete and staff is moving forward on the
plans getting them ready to go out for bid.
County Administrator Keaton responded to comments made by Albert Burckard
under Citizens Comments regarding incentive payments for volunteers.
UNFINISHED/OLD BUSINESS
A. Application of Carver Solar I, LLC (CUP-6-22), Applicant, and Carter R.
Clements, Joyce G. Clements, Travis W. Williams, Lewis Clarence Lee Trust
(Clarence Lee Lewis, Trustee), Joshua Pretlow, Jr., Garrison Farm Solar LLC,
Delman Lew Carr Trust (Delman Lew Carr, Trustee), Chester G. Carr Trust
(Glenn and Susan S. Carr, Trustees), Helene Johnson Hobbs, Joest Properties,
LLC, Scott L. Thomason, Carla A. Thomason, James K. Edwards, Marsha F.
Edwards, Cobb Land Limited Partnership, Troy L. Robinson, and Margaret F.
Robinson, Property Owners, for a Conditional Use Permit to Establish a Major
Utility Service, Specifically a 71 MW Utility -Scale Solar Energy Facility and
Substation, on 637 Acres Located on Yellow Hammer Road (Rte. 645),
Windsor Boulevard (Rte.460), Winston Drive (Rte. 639), Cut Thru Road (Rte.
638), Ecella Road (Rte. 639), Barrett Town Road (Rte. 641), Mill Creek Drive
(Rte. 638), and Antioch Road (Rte. 657) in the Rural Agricultural
Conservation, Conditional General Commercial, and Conditional Rural
Residential Zoning Districts
Amy Ring, Director of Community Development, brought the Board up to date on
the project.
Supervisor Grice recommended that once a month a walk about take place to
ensure that there is not trash stuck in the fencing and that any chemical that may
be used be preapproved by the County. He asked if damaged panels will be
addressed right away.
10
Mike Volpe, representing Carver Solar, advised what has been done in other
localities is to have an on -site dry field container that can house a damaged panel
and he would be happy to make that commitment on behalf of the project.
Supervisor Grice called attention to the amount of chemicals already on the fields.
Ms. Ring confirmed that the use of all pesticides, herbicides and insecticides shall
be prohibited except for those approved for commercial applications may be used
pursuant to an approved herbicide and/or insecticide management plan prepared
by a licensed professional that is submitted to and approved by the Zoning
Administrator.
Supervisor Rosie complimented the applicants on their presentation, but noted
that the Board has not yet established a task force or received requested
guidelines/conditions from the Planning Commission. He noted that solar farms
are fairly new and he has concerns in addition to considering his constituents and
their position on this application.
Supervisor Jefferson moved to approve the application with the recommendations
of staff and the additional conditions proposed by the applicant. The motion was
defeated (3-2) with Supervisors Grice and Jefferson voting in favor of the motion
and Supervisors McCarty, Acree and Rosie voting against the motion.
Consideration of a Siting Agreement for the Carver Solar Energy Generation Project
was tabled without action and removed from the agenda.
NEW BUSINESS
A. Application of LaJeune Stone, Property Owner, for a Waiver to Section
3.2.4.A.4 and Section 5.9.1.0 of the Subdivision Ordinance to Allow a Family
Member Subdivision on a Private Right -of -Way Not Built to Public Standards
Which Serves More Than Two Lots
Ms. Ring provided background information on the waiver request and reviewed the
waiver criteria for the Board's consideration. She continued adding that the
Planning Commission recommended approval of the waiver request; however,
staff cannot recommend approval because of safety concerns due to the
degradation of the lane over time with additional homes if not maintained and all
necessary criteria to be considered have not been met.
Supervisor Jefferson remarked that the road has been well maintained and will
accommodate fire trucks and first responders. He noted there is a pile of rocks
stored for maintenance of the road and he does not feel that the condition of the
road should be sufficient reason to deny the application.
Supervisor Jefferson moved to approve the waiver request. 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.
11
B. Application of Glenn Development, Applicant, and JRC APB, LLC, Property
Owner, for an Exception to Section 6-20091.1 of the Newport Development
Service Overlay (NDSO) Regulations to Allow for an Exception to the NDSO
Requirement Regarding Sidewalks
Ms. Ring provided background information to include the strengths and
weaknesses, the Planning Commission's recommendation to approve the request
and staff's recommendation to also approve the exception request.
There being no comments from the Board, Chairman McCarty moved that the
application be approved. 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. Energy Task Force (Added to the agenda under Approval of the Agenda)
Chairman McCarty requested discussion of the creation of a proposed Energy Task
Force
Supervisor Grice remarked that there is a need to discuss where the County is going
to get its energy and utilities in the future. He added that energy on a regional basis
is being restructured by the Hampton Roads Alliance and the way to be prepared
is to form a Task Force charged with making recommendations and working with
the regional folks to ensure that the County is represented. He stated that the
Board must think long term regarding where these resources can be obtained that
are crucial to everyday life. He recommended that the Economic Development
Department be the partner that sponsors and supports this Task Force and that it
come under the Department of Economic Development.
County Attorney Jones advised that responsive to Board action, the Planning
Commission, at its November 22, 2022 meeting adopted a motion to recommend
to the Board of Supervisors the formation of an energy task force to review the
Country's existing energy infrastructure in place; approved energy generation
projects; and, available remaining capacity within the County. The Task Force
should consider current and emerging energy generation technologies and make a
recommendation to the Board of Supervisors if a committee should be formed to
establish an energy plan amendment to the Comprehensive Plan and/or revisions
to the Zoning Ordinance.
Vice -Chairman Acree agreed with the creation of an Energy Task Force that can
educate the Board.
Chairman McCarty moved to create an Energy Task Force consisting of seven
members; one from each district and two at -large members. 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.
Chairman McCarty moved to appoint Thomas Distefano to serve on the Energy Task
Force representing District 2. The motion passed unanimously (5-0) with
12
Supervisors McCarty, Acree, Rosie, Grice and Jefferson voting in favor of the motion
and no Supervisor voting against the motion.
ADJOURNMENT
At 9:30 p.m., Chairman McCarty declared the regular meeting adjourned.
Car Mills Storm, Clerk
rliam . McCarty, Sr.
13