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06-15-2023 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 FIFTHTEENTH DAY OF JUNE 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. CLOSED MEETING County Attorney Jones requested a closed meeting pursuant to Section 2.2-3711(A) of the Code of Virginia on the following: Consultation with legal counsel employed by the Board regarding specific legal matters requiring the provision of legal advice by such counsel, namely negotiations of siting agreements applicable to solar projects, and requirements to hold special elections, pursuant to subsection 8; 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, a discussion regarding the performance of specific County departments and employees, to include Emergency Services, pursuant to subsection 1. 1 Supervisor Jefferson moved to enter the closed meeting for the reasons stated by County Attorney Jones. The motion was unanimously adopted (5-0). At 6:00 p.m., Vice -Chairman Acree moved that the Board reconvene into open session which passed by unanimous vote (5-0). County Attorney Jones reminded the Board that in accordance with Section 2-10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor Jefferson 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, McCarty, Rosie and Jefferson N NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Supervisor Rosie delivered the invocation followed by the Pledge of Allegiance to the American flag. APPROVAL OF AGENDA Chairman McCarty moved that the agenda be adopted as amended to include under Old Business a discussion of the Board regarding a letter received from Camp Community College in response to the Board's letter and a discussion under New Business concerning a joint session with the School Board regarding matters that have come to the Board's attention. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. CITIZENS' COMMENTS Herb DeGroft of Mill Swamp Road (District S) addressed the Board regarding cost control management within the School Division. He suggested that the school's budget be reduced by a couple hundred thousand dollars under the personnel line item. CONSENTAGENDA Supervisor Jefferson moved to approve the Consent Agenda as follows: RESOLUTION TO AMEND THE FY 2022-23 GRANT FUND BUDGET AND APPROPRIATE FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY FOR FEDERAL ASSET FORFEITURE 3 WHEREAS, the County has been awarded funding from the Department of Homeland Security from the Federal Asset Forfeiture Program; and, WHEREAS, the Board of Supervisors desires to amend the FY 2022-23 Grant Fund Budget and appropriate funds in the amount of $19,023 from the Department of Homeland Security for allowable expenditures by the Sheriff's Office. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2022-23 Grant Fund Budget is hereby amended and funds appropriated in the amount of $19,023 for allowable expenditures by the Sheriff's Office. 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. RESOLUTION TO AMEND THE FY 2022-23 CAPITAL FUND BUDGET AND APPROPRIATE FUNDS FOR LAWNES POINT ON THE JAMES ROAD REPAIR WHEREAS, the County has received settlement funds for Lawnes Point on the James road repairs; and, WHEREAS, the Board of Supervisors desires to amend the FY 2022-23 Capital Fund Budget and appropriate funds in the amount of $781,259 from the bond settlement to prepare roads for Virginia Department of Transportation acceptance. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2022-23 Capital Fund Budget is hereby amended, and funds appropriated in the amount of $781,259 for road repairs. 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. 4 RESOLUTION TO AMEND AND REALIGN THE ISLE OF WIGHT COUNTY SCHOOL CATEGORICAL BUDGET FOR FY2022-2023 WHEREAS, the Board of Supervisors appropriated funding by category for the Isle of Wight County School Board for the 2022-2023 school year; and, WHEREAS, the School Board has identified the need to realign the budget for transportation payroll and operating costs for FY2022-2023 based on updated end of the year payroll and operational estimates. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight Virginia that the FY2022-2023 Schools Budget be realigned categorically as listed below: Category — Educational Categories 2022-2023 Appropriation Category Adjustment 2022-2023 Revised Appropriation Instruction $50,903,729 $(250,000) $50,653,729 Administration, Attendance & Health $3,202,863 $(100,000) $3,102,863 Pupil Transportation $4,491,197 $450,000 $4,941,197 Operation & Maintenance $6,618,041 $(50,000) $6,568,041 Debt & Fund Transfers $446,977 $446,977 Technology $2,329,885 $(50,000) $2,279,885 Total General Fund $67,992,692 $67,992,692 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. 9 RESOLUTION TO AMEND THE BUDGET AND APPROPRIATE BAYER FUND GRANT FUNDS TO THE COUNTY SCHOOLS INSTRUCTIONAL BUDGET CATEGORY FOR FY2022-2023 WHEREAS, the Board of Supervisors appropriated funding by category for the Isle of Wight County School Board for the 2022-2023 school year; and, WHEREAS, the Bayer Fund approved an America's Farmer Grow Communities donation in the amount of $5,000 to the Isle of Wight County Schools; and, WHEREAS, funding in the amount of $5,000 needs to be appropriated to the Instructional Category in the FY2023-2023 Schools Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight Virginia that the FY2022-2023 Budget be amended, and funds appropriated in the amount of $5,000 to the Instructional Category in the FY2023- 2023 Schools Budget. 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. RESOLUTION TO AMEND THE BUDGET AND APPROPRIATE GRANT FUNDS TO THE COUNTY SCHOOLS INSTRUCTIONAL BUDGET CATEGORY FOR FY2022-2023 WHEREAS, the Board of Supervisors appropriated funding by category for the Isle of Wight County School Board for the 2022-2023 school year; and, WHEREAS, the Commonwealth of Virginia revised Title I, Part A, and Title I, Part D, Subpart 2 2022-2023; Title IV, Part A 2022-2023; and Title III 2022-2023 allocations; and, WHEREAS, the School Board has received additional State funding in the amount of $186,912 for FY2022-2023. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight Virginia that the FY2022-2023 Schools Budget be amended, and funds appropriated to the Instructional Category as listed below: Category - Educational Grants Fund 2022-2023 Appropriation Change in Appropriation 2022-2023 Revised Appropriation Title IV Part A $ 47,980 $ 13,421 $ 61,401 Title 1 $ 758,560 $ 173,333 $ 931,893 Title III $ 4,630 $ 158 $ 4,788 Total General Fund $ 811,170 $ 186,912 $ 998,082 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. RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY VIRGINIA, REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO INCLUDE CERTAIN STREETS IN THE SYSTEM OF STATE HIGHWAYS WHEREAS, street construction in the Benn's Grant Subdivision, Phase 1013-3 has been completed; and, WHEREAS, the streets of Benn's Grant Subdivision, Phase 10B-3 meet the public service criteria of the Subdivision Street Requirements; and, WHEREAS, the development sketch and VDOT Form AM 4.3, attached and incorporated herein as part of this resolution, define additions required in the Secondary System of State Highways as a result of construction; and, WHEREAS, certain segments identified on the incorporated Form AM 4.3 are ready to be accepted into the Secondary System of State Highways. NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Isle of Wight County, Virginia requests the Virginia Department of Transportation to add the segments identified on the incorporated Form AM 4.3 to the Secondary System of State Highway, pursuant to Section 33.2-705 of the Code of Virginia, for which segments the Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills, and drainage. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation. RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S SECONDARY SIX -YEAR IMPROVEMENT PROGRAM FOR FY2024 THROUGH FY2029 WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six -Year Improvement Program (SSYIP); and, WHEREAS, the Board of Supervisors has held a public hearing on the proposed Plan (FY2024-FY2029), in accordance with VDOT policies and procedures, on June 15, 2023, an all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program; and, WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY2024-FY2029). NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia that the Secondary Six- Year Improvement Program for FY2024-2029 is hereby approved, as presented at the public hearing. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts for projects as necessary to proceed with the Program as approved. RESOLUTION TO PETITION THE ISLE OF WIGHT CIRCUIT COURT FOR AN ORDER THAT NO SPECIAL ELECTION TO FILL AN UPCOMING CONSTITUTIONAL OFFICE VACANCY IS NEEDED WHEREAS, Judith Wells is the duly elected Treasurer for Isle of Wight County, Virginia, having last been elected on the 5th, day of November 2019, as certified by the Virginia State Board of Elections. WHEREAS, Mrs. Wells' current term of office is set to expire December 31, 2023; and WHEREAS, on April 3, 2023, Judith C. Wells, the Treasurer for Isle of Wight County, Virginia, submitted her written intention to resign her position as Treasurer, effective July 1, 2023; and WHEREAS, Section 24.2-228.1(B) of the Code of Virginia, 1950, as amended, provides that "If a vacancy in any elected constitutional office occurs within the 12 months immediately preceding the end of the term of that office, the governing body may petition the circuit court to request that no special election be ordered; and WHEREAS, in this case, the vacancy of office occurs within 6 months immediately preceding the end of Mrs. Wells' term; and WHEREAS, the Board of Supervisors desires to petition the Circuit Court of the County of Isle of Wight for entry of an Order that no special election shall be held pursuant to Virginia Code § 24.2-228.1(B). NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors, that the County Attorney is hereby authorized to petition the Circuit Court of Isle of Wight County, Virginia for the entry of an Order pursuant to Section 24.2-228.1(B) of the Code of Virginia, 1950, as amended, determining that no special election be ordered to fill the vacancy in the Constitutional Office of the Treasurer. Minutes - April 6, 2023 Work Session Minutes - April 13, 2023 Work Session Minutes - April 27, 2023 Budget Work Session Minutes The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. REGIONAL AND INTER -GOVERNMENTAL REPORTS None were offered. APPOINTMENTS Chairman McCarty motioned that Joshua Martin Goodin be reappointed to serve on the Board of Building Appeals representing District 2. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS Justin Pope, State representative for local affairs with Dominion Energy, provided an overview of the DEV Smart Meter/AMI program. COUNTY ATTORNEY'S REPORT County Attorney Jones notified the Board that he had amended the Planning Commission's bylaws to contain a provision prohibiting citizens' comments on items following a public hearing that had been heard and closed, but no action taken upon. Supervisor Grice moved to approve the amendment to the Planning Commission's bylaws. The motion was unanimously adopted with Supervisors McCarty, Acree, 10 Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. County Attorney Jones informed the Board that Judy Wells has announced her retirement from her constitutional office as Treasurer for the County effective July 1, 2023. He continued that per Virginia Code if any vacancy in a constitutional office occurs within 12 months immediately preceding the end of that term of office, the governing body can petition the Circuit Court to request that no special election be ordered and he believes it would be prudent to not call for a special election. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO PETITION THE ISLE OF WIGHT CIRCUIT COURT FOR AN ORDER THAT NO SPECIAL ELECTION TO FILL AN UPCOMING CONSTITUTIONAL OFFICE VACANCY IS NEEDED WHEREAS, Judith Wells is the duly elected Treasurer for Isle of Wight County, Virginia, having last been elected on the 5th, day of November 2019, as certified by the Virginia State Board of Elections. WHEREAS, Mrs. Wells' current term of office is set to expire December 31, 2023; and WHEREAS, on April 3, 2023, Judith C. Wells, the Treasurer for Isle of Wight County, Virginia, submitted her written intention to resign her position as Treasurer, effective July 1, 2023; and WHEREAS, Section 24.2-228.1(B) of the Code of Virginia, 1950, as amended, provides that "If a vacancy in any elected constitutional office occurs within the 12 months immediately preceding the end of the term of that office, the governing body may petition the circuit court to request that no special election be ordered; and 11 WHEREAS, in this case, the vacancy of office occurs within 6 months immediately preceding the end of Mrs. Wells' term; and WHEREAS, the Board of Supervisors desires to petition the Circuit Court of the County of Isle of Wight for entry of an Order that no special election shall be held pursuant to Virginia Code § 24.2-228.1(B). NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors, that the County Attorney is hereby authorized to petition the Circuit Court of Isle of Wight County, Virginia for the entry of an Order pursuant to Section 24.2-228.1(B) of the Code of Virginia, 1950, as amended, determining that no special election be ordered to fill the vacancy in the Constitutional Office of the Treasurer. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. County Attorney Jones reminded the Board that, at its February meeting, it had considered the Conditional Use Permit and Siting Agreement with Carver Solar but had not acted upon it which remains as Old Business items. He advised the Board that representatives of Carver Solar are agreeable with those items being set on the Board's agenda as soon as possible. Supervisor Grice moved that the Carver Solar, LLC Siting Agreement be moved for consideration by the Board at its December 14, 2023 meeting. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARINGS A. Resolution to Approve the VDOT FY2024-2029 Secondary Six -Year Improvement Plan 12 Jamie Oliver, Transportation Administrator, presented the VDOT FY2024-2029 Secondary Six Year Improvement Plan. Chairman McCarty opened the public hearing and called for those wishing to speak in favor of or in opposition to the Plan. Following no one appearing to speak, Chairman McCarty closed the public hearing and asked for Board comments. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S SECONDARY SIX -YEAR IMPROVEMENT PROGRAM FOR FY2024 THROUGH FY2029 WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six -Year Improvement Program (SSYIP); and, WHEREAS, the Board of Supervisors has held a public hearing on the proposed Plan (FY2024-FY2029), in accordance with VDOT policies and procedures, on June 15, 2023, an all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program; and, WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY2024-FY2029). NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia that the Secondary Six- Year Improvement Program for FY2024-2029 is hereby approved, as presented at the public hearing. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts for projects as necessary to proceed with the Program as approved. 13 The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. B. Application (ZA-1-23) of 3BS LLC, Property Owner, and Steven J. and Dristen M. Lander, Applicants, for a Change in Zoning Classification of 1.98 Acres from Rural Agricultural Conservation (RAC) to Conditional -Suburban Residential (C-SR) to create One Lot for Single Family Residential Use Sandy Robinson, Planning & Zoning, provided background information on the rezoning request. Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the proposed request. Bryan Babb of Shiloh Drive requested approval. Chairman McCarty closed the public hearing and called for comments from the Board. Supervisor Acree moved that the request be approved. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. C. Application (CBPA-2-23) of Michael and Katherine Gayle for a Chesapeake Bay Preservation Area (CBPA) Ordinance Exception for an After -the -Fact Approval of a Platform to Store Small Boats and Equipment with a Seating Area in the Fifty -Foot Seaward Section of the Resource Protection Area (RPA) Buffer at 1 Eagle Nest Lane Shaunee Beussink, Environmental Planner, provided background information on the exception request. Chairman McCarty opened the public hearing and called for citizens to speak in favor of or in opposition to the application. 14 Catherine Gayle, property owner, advised that her husband is currently away on military exercises and asked that no action be taken at this time and that the exception be tabled until the Board's August 17, 2023 meeting. There was general discussion about the possibility of holding the contractor responsible and it was understood that many times the owner is not aware of permitting rules and the contractors are taking advantage of the owners that don't know what the law is. Chairman McCarty closed the public hearing. Supervisor Grice moved that the exception requested be tabled to the Board's August 17, 2023 meeting. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. D. Application (SUB-29-23) of James M. Ensley, Property Owner, to Vacate the "Dedicated Recreation Area" of Butler's Point Section Two to Allow Single Family Residential Use of the Parcel Ms. Robinson provided an overview of the application and informed the Board of staff's recommendation that the application be approved contingent on the approval of a well and wastewater system and that there be no objection from the property owners in the subdivision. Chairman McCarty opened the public hearing and requested those to speak in favor of or in opposition to the application. Attorney Al Jones, representing the applicant, advised that the applicant cannot build on the lot with "recreational use" stamped on the plat. He advised that there would be no additional drainage on adjoining landowner's home and he requested that the Board favorably approve the application. Ten people in the audience stood in support of the application. Supervisor Jefferson moved that the dedicated recreational area be vacated. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, 15 Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. Following a break, Chairman McCarty called for a public hearing on the following application: E. CUP-1-23 Hampton Roads Classical, Inc. Conditional Use Permit Application and Extinguish CUP-4-21 and CUP-9-21 Application (CUP-1-23) of Hampton Roads Classical, Inc., Applicant, Represented by P. A. Gist, President, and Bens Saint Luke, LL, Property Owner, Represented by Vincent C. Carollo, Principal for a Conditional Use Permit for a Primary and Secondary Educational Facility in Two Existing Buildings and a Request by the Property Owner to Extinguish an Active Conditional Use Permit for Kids Come First Daycare and a Conditional Use Permit for Smithfield Sports Complex on the Same Parcel Located at 14353 Benns Church Boulevard Jeryl Phillips, Assistant Director of Planning & Zoning, explained the application in detail, followed by the recommendations of the staff and the Planning Commission. Chairman McCarty opened the public hearing and called for citizens to speak in favor of or in opposition to the application. Vincent Corolla, applicant, requested approval of his application. Andy Guest, Headmaster and President, Hampton Roads Classicals, provided a brief history of the academy. Jim Caska, Hampton Roads Classicals, speaking on behalf of numerous families, requested the Board to approve the application. Following closure of the public hearing, Chairman McCarty moved to approve the application with all components. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. F. Proposed Revisions to Article 5, "Development Standards," of the Isle of Wight County Subdivision Ordinance 16 Amy Ring, Community Development Director, brought the Board up to date on the background of the proposed revisions following a summary of all revisions. Chairman McCarty called for persons to speak in favor of or in opposition to the proposed revisions. Upon no one appearing to speak, Chairman McCarty called for Board comments. Supervisor Rosie moved to approve as presented. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. G. Prairie Solar, LLC Siting Agreement County Attorney Jones provided background information on the Siting Agreement and asked that this matter be tabled to further down on tonight's agenda under Old Business following the CUP-7-22 Prairie Solar, LLC Conditional Use Permit Application and Agricultural & Forestal District Withdrawal Request (Longview A/F District). Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the Siting Agreement. Scott Foster of Richmond commented that the Siting Agreement represents the net present value of the lifetime payments under a revenue share ordinance. Chairman McCarty closed the public hearing and called for Board comments. Supervisor Acree moved to table the item following the CUP-7-22 Prairie Solar, LLC Conditional Use Permit Application and Agricultural & Forestal District Withdrawal Request (Longview A/F District) under Old Business. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. 17 COUNTY ADMINISTRATOR'S REPORT Updates on Bradby Park and Tyler's Beach were provided by staff member Michael Frickanisce, Director of Parks and Recreation. Updates on the Carrollton and Rushmere Volunteer Fire Departments were provided by staff member Tony Wilson, Public Works Administrator. The Board was requested to respond back with available dates for a retreat. UNFINISHED/OLD BUSINESS Following a presentation by Mr. Campbell with Blue Lines Solutions, Chairman McCarty requested County Administrator Keaton to contact VDOT and request that a school zone sign be installed on New Town Haven Road. Chairman McCarty asked staff to investigate and report back why he has not received a response from the Smithfield Mayor to his recent letter asking for a Memorandum of Understanding between the County, the Town of Smithfield and the Town of Windsor. Following a short break, the Board generally discussed the Smithfield Water Agreement. The consensus was for staff to continue moving forward with the Agreement. Ms. Phillips reviewed the 22 proposed conditions associated with the CUP-7-22 Prairie Solar, LLC Conditional Use Permit Application and Agricultural & Forestal District Withdrawal Request (Longview A/F District). Alexis Ondash, Energy Renewables, reviewed amended Conditions #18 and #19. Supervisor Grice moved to approve the application of Prairie Solar, LLC, a Subsidiary of Energix, US, Applicant, and Everets Properties, Inc., Property Owner, for a Conditional Use Permit to Establish a Major Utility Service, Specifically a 20 MWac Utility -Scale Solar Facility, on 152 Acres Located at 19604 Longview Drive in the Rural Agricultural Conservation (RAC) Zoning District and a Request for Withdrawal of Approximately 103 Acres of Land Owned by Everets Properties, Inc., from the Longview Agricultural/Forestal District. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. Supervisor Grice moved to approve the Prairie Solar, LLC Siting Agreement. The motion was unanimously (5-0) adopted with Supervisors Rosie, Jefferson, McCarty, Grice and Acree voting in favor of the motion and no Supervisor voting against the motion. Chairman McCarty requested County Administrator Keaton to set up a meeting consisting of himself, Supervisor Grice and County Administrator Keaton with Camp College representatives concerning the utilization of a County -owned facility provided to them at no cost. NEW BUSINESS A. EXC-6-23 Vance Subdivision Ordinance Waiver Request Ms. Robinson provided an overview of the request followed by the recommendations of staff and the Planning Commission. Chairman McCarty moved to approve the waiver request. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice 19 voting in favor of the motion and no Supervisors voting against the motion. B. Application EXC-7-23 of Phillip H. Gibson, Jr. Property Owner, for a Height Exception to Section 5-2000.D.2 of the Zoning Ordinance for a Proposed Accessory Structure (Two Story Garage), to be Located at 16065 Mill Swamp Road Which will Exceed the Maximum Height Permitted of 125% of the Single -Story Principal Structure by Three Feet Ms. Robinson provided an overview of the application followed by recommendations of staff and Planning Commission. Attorney Bill Riddick appeared representing the application and advised that if this were a standard two-story house, Mr. Vance could build it by right. He further advised that the house next door is taller. Supervisor Jefferson moved to approve the application. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. Request of Riverside Smithfield Hospital, Property Owner, to Amend the Conditional Zoning for Property Located at 19339 Benns Church Boulevard in the Conditional General Commercial (G-GC) Zoning District to Remove the Requirement to Construct the Northern Access Road Ms. Ring explained the request in detail and gave the recommendations of staff and the Planning Commission. Russell Parish, Senior Project Manager, responded to concerns related to siren noise, lighting and access roads into the hospital to serve emergency vehicles, visitors and deliveries. Supervisor Acree moved that the conditional zoning amendment be approved. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. 20 Supervisor Jefferson moved that a public hearing on the matter be waived. The motion was unanimously adopted with Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion and no Supervisors voting against the motion. Chairman McCarty requested a joint meeting with the School Board regarding matters which have recently come to the attention of the Board. The consensus was to conduct a joint meeting with the School Board and to receive an update on Hardy Elementary School. ADJOURNMENT At 10:45 p.m., Chairman McCarty declared the regular meeting adjourned. I ' Carey ' Is S orm, Clerk C, William M. C ty, Sr., Chairman 21