07-13-2023 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 THIRTEENTH DAY OF JULY IN THE YEAR TWO THOUSAND AND
TWENTY-THREE
BOARD MEMBERS PRESENT:
William M. McCarty, District 2, Chairman (Remote Participation)
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
In the absence of Chairman McCarty, Vice -Chairman Acree presided over the
regular meeting and called it to order at 5:00 p.m.
County Attorney Jones advised that pursuant to State Code and the Board's by-
laws, a Board member can participate remotely in a meeting if a physical quorum
is assembled and if the member has requested and notified the Board that he
wishes to appear remotely/electronically. He advised that Chairman McCarty will
be participating remotely due to a personal matter which will require him to state
the nature of his absence and the remote location from which he is participating.
Chairman McCarty, via telephone, advised that due to a personal matter he will be
participating remotely from 8018 Angel Lane in Roanoke, Virginia.
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Vice -Chairman Acree moved that Chairman McCarty be authorized to participate
remotely in the meeting. The motion was adopted (4-0) with Supervisors Acree,
Rosie, Jefferson and Grice voting in favor of the motion; no Supervisor voting
against the motion; and, Chairman McCarty absent for the vote.
Chairman McCarty thereafter joined the meeting.
APPROVAL OF AGENDA
Supervisor Grice moved to approve the agenda as presented. The motion was
adopted (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in
favor of the motion and no Supervisor voting against the motion.
CLOSED MEETING
County Attorney Jones requested a closed meeting pursuant to Section 2.2-3711(A)
of the Code of Virginia, 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 eminent domain issues related to
transportation projects, 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; a discussion regarding the
negotiation of the sale of County real property, where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy of
the Board, pursuant to subsection 3; and, (4) consultation with legal counsel
regarding actual or probable litigation regarding Chesapeake Bay Preservation
Area, Zoning Violations, and Drainage Outfalls, where such consultation would
adversely affect the negotiating or litigation posture of this public body pursuant
to subsection 7.
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., Supervisor Jefferson moved that the Board reconvene into open
session which passed by unanimous vote (5-0).
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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
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
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INVOCATION
Assistant County Administrator Robertson delivered the invocation and led the
Pledge of Allegiance.
CITIZENS' COMMENTS
George Greer, Event Coordinator, Peninsula Trailriders Association, thanked the
Board for allowing the Peninsula Trailriders to host its first motorcycle race at the
Heritage Park Fairgrounds. He remarked that the Association is hopeful of future
support in bringing this event back to the Fairgrounds.
CONSENT AGENDA
On motion of Supervisor Jefferson, the Consent Agenda was adopted as follows:
RESOLUTION TO AMEND THE FY 2023-24 GRANT FUND BUDGET AND APPROPRIATE
ARPA LAW ENFORCEMENT EQUIPMENT GRANT PROGRAM FUNDS
WHEREAS, Isle of Wight County, Virginia has received a grant award from the
Department of Criminal Justice Services for the ARPA Law Enforcement Equipment
Grant Program in the amount of $178,000; and,
WHEREAS, the Board of Supervisors desires to amend the FY 2023-24 Grant Fund
Budget in the amount of $178,000 from the Virginia Department of Criminal Justice
Services for the ARPA Law Enforcement Equipment Grant Program; and,
WHEREAS, the Board of Supervisors needs to appropriate $178,000 to the FY 2023-
2024 Grant Fund Budget for law enforcement efforts to reduce violent crime and
gun violence in Isle of Wight County, Virginia.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Isle of Wight, Virginia, that the FY 2023-24 Grant Fund Budget is hereby amended,
and funds appropriated in the amount of $178,000 for law enforcement efforts to
reduce violent crime and gun violence.
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BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is
authorized to make the appropriate accounting adjustments and to do all things
necessary to give this resolution effect.
RESOLUTION TO AMEND THE FY 2023-24 OPERATING BUDGET AND APPROPRIATE
FUNDS FOR BROADBAND EXPANSION
WHEREAS, Commonwealth of Virginia has approved VATI funding for the expansion
of broadband in Isle of Wight County, Southampton County, and the City of Suffolk;
and,
WHEREAS, the County has committed to provide $2,081,250 as its contribution to
the Broadband project and needs an additional $318,750 in local funding to match
the VATI funding; and,
WHEREAS, funding from local contribution in the amount of $200,000 and
$118,750 transferred to the Broadband project from unassigned general fund
balance needs to be budgeted and appropriated in the County's FY2023-24 budget.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2023-24 budget is hereby amended and funds
appropriated in the amount of $318,750 to the Broadband project in the FY2023-
24 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.
Request from M&M Milling to Extend its $50,000 Agriculture and Forestry
Industries Development Fund Performance Agreement for 15 Months to Allow
Additional Time to Meet Target Goals Associated with its Toll Processing Facility
which Specializes in Grinding, Blending and Sizing of Agricultural Materials at the
Former Franklin Equipment Property
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Vehicle Acquisition — Replacement SUV for Fire & Rescue Department Operations —
2023 Chevrolet Tahoe in the Amount of $43,141
Minutes
May 4, 2023 Budget Work Session Minutes
May 11, 2023 Work Session Minutes
May 18, 2023 Regular Meeting Minutes
The motion was adopted (5-0) with Supervisors McCarty, Acree, Grice, Jefferson
and Rosie voting in favor of the motion and no Supervisor voting against the
motion:
REGIONAL AND INTER -GOVERNMENTAL REPORTS
No reports were offered.
APPOINTMENTS
Vice -Chairman Acree moved to appoint Sam Askew, representing the Town of
Windsor, to serve on the Economic Development Authority. The motion was
adopted (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in
favor of the motion and no Supervisor voting against the motion.
Chairman McCarty moved that Pamela Barton be appointed to serve on the Social
Services Board representing District 2. The motion was adopted (5-0) with
Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in favor of the motion
and no Supervisor voting against the motion.
C.
SPECIAL PRESENTATIONS
Mr. Jacob Howington, General Manager, GFL, advised that the RFP that was
solicited listed an incorrect number of residents and GFL did not receive an updated
address list from the County. In addition, the list from the previous hauler had
certain discrepancies. Additional GFL personnel and two additional trucks have
now been placed in the street to ensure that GFL has the kind of resources to
address the County's need.
COUNTY ATTORNEY'S REPORT
County Attorney Jones advised that due to time constraints, a public hearing will
be held at the Board's work session of August 3, 2023 to determine if it wishes to
convey an easement to Verizon Wireless for additional wireless (broadband)
support at Heritage Park.
County Attorney Jones advised that the County has been unsuccessful in its
negotiations for the parcel of land involved with the Nike Road extension and in
order to stay in line with VDOT's timeline, a public hearing will need to be
advertised for the Board's work session of August 3, 2023.
County Attorney Jones advised that the attorney for the Carver Solar application
has given notice that he will be requesting that the application be moved up from
the Board's December meeting. In order to do that, he advised that the Board
would need to make a motion at its August 3, 2023 work session to rescind
Supervisor Grice's previous motion to set it at the Board's December meeting.
PUBLIC HEARINGS
A. Application ZA-4-22 of Corey D. Depaula, Property Owner, for an Amendment
to Conditional Zoning to Amend the List of Permitted Uses to Limit the Uses
to Only a Construction Yard on a Vacant Lot at 32424 Green Oaks Lane in the
Conditional -General Commercial Zoning District
Trenton Blowe, Planner II, Department of Planning & Zoning, provided background
information on the application.
Vice -Chairman Acree opened up the public hearing and called for persons to speak
in favor of or in opposition to the application.
Corey DePaula, applicant, appeared and spoke in favor of his application.
Vice -Chairman Acree closed the public hearing and called for comments from the
Board.
Supervisor Rosie moved that the application be approved. The motion was
adopted (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in
favor of the motion and no Supervisor voting against the motion.
B. Property located adjacent to 231 James Street
County Attorney Jones represented the request of the Ippolito's to purchase .34
acres of County -owned property for thirty-five thousand dollars.
Vice -Chairman Acree opened up the public hearing and called for persons to speak
in favor of or in opposition to the application.
No one appeared and spoke.
Vice -Chairman Acree closed the public hearing and called for comments from the
Board.
Supervisor Grice moved to authorize execution of documents for sale of County
property located adjacent to 231 James Street, Smithfield, Virginia in the amount
of $35,000. The motion was adopted (5-0) with Supervisors McCarty, Acree, Grice,
Jefferson and Rosie voting in favor of the motion and no Supervisor voting against
the motion.
COUNTY ADMINISTRATOR'S REPORT
The Board's 2024 Retreat was discussed and the consensus was to select October
25, 2023 in the 757-room located in the Hampton Roads Planning District
Commission building.
N.
Supervisor Grice asked that the Board receive a brief written update from the Chair
or supporting staff of each board/commission/committee/task force for
presentation to the Board by County staff. He recommended that a more detailed
description be developed on each of the County's legislative priorities.
Staff is to create a list of all boards/commissions/committees/task forces.
Vice -Chairman Acree recommended an initiative by the Virginia Fire Chiefs
Association for funding from the State for fire and emergency medical services.
Supervisor Jefferson recommended mental health funding for mentally challenged
individuals.
Vice -Chairman Acree requested the number of SOQ versus Non-SOQ school
positions in the County.
Assistant County Administrator Robertson suggested that candidates be invited to
address the Board at one of its work sessions regarding some of the items in the
County's legislative priorities.
Matters for the Board's information were highlighted.
UNFINISHED/OLD BUSINESS
County Administrator Keaton, on behalf of Don Jennings, the County's Director of
Utility Services, addressed the Board regarding authorization to proceed with
initiating the preliminary engineering report for the stormwater pilot program
while completing any remaining items needed on the application.
NEW BUSINESS
EXC-8-23 Highway Corridor Overlay District Exception for Air Station General
Jeryl Phillips, Assistant Director of Planning & Zoning, represented the exception
request to Section 6-1010.A. and 6-1010.B. of the Zoning Ordinance pertaining to
the Highway Corridor Overlay District Architectural and Design Guidelines for non-
residential uses. She concluded her presentation advising of the strengths and
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weaknesses, followed by the recommendations of staff and the Planning
Commission to approve the exception request with the following condition: Retain
existing tree and shrub vegetation along the entirety of the site frontage in the 50-
foot Highway Corridor Overlay District front setback, factoring in site entrances and
incorporate this into the landscape screening design for visual abatement and noise
attenuation.
Supervisor Rosie moved that the exception and the accepted conditions be
approved. The motion was adopted (5-0) with Supervisors McCarty, Acree, Grice,
Jefferson and Rosie voting in favor of the motion and no Supervisor voting against
the motion.
ADJOURNMENT
At 8:00 p.m., Chairman McCarty declared the meeting adjourned.
c�
Carey Mills Storm, Clerk
William M. M rty, Sr., Chairman
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