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09-21-23 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-FIRST DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND TWENTY-THREE BOARD MEMBERS PRESENT: William M. McCarty, Sr., 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. APPROVAL OF AGENDA On motion of Supervisor Jefferson, the agenda was unanimously (5-0) adopted as presented with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. County Attorney Jones requested a closed meeting pursuant to Section 2.2- 3711(A) of the Code of Virginia on the following: Discussion regarding the 1 appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, pursuant to subsection 1; 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 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., 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 2 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 INVOCATION Supervisor Rosie delivered the invocation and led the Pledge of Allegiance to the American flag. CITIZENS' COMMENTS Herb DeGroft of Mill Swamp Road addressed the Board regarding the school's operating budget shortfall; recommended that a centralized bus facility be built; and, reminded the Board that there has been no activity on the Nike Ajax missile. Randall Errington of Yellowhammer Road addressed the Board regarding increased traffic at the Dairy Queen in Windsor on Route 460; the Stoup property; and, the 2% cap on solar farms in the County. 3 Shelly Perry of Smithfield addressed the Board regarding the housing development at the Sherwin Williams near the Smithfield High School and the school's operating budget shortfall. CONSENT AGENDA On motion of Supervisor Jefferson, the following Consent Agenda was unanimously (5-0) adopted as presented with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion: RESOLUTION TO AMEND THE FY 2023-24 OPERATING BUDGET AND APPROPRIATE FUNDING FOR REPAIR AND REPLACEMENT OF COUNTY PROPERTY FROM INSURANCE PROCEEDS WHEREAS, the County of Isle of Wight, Virginia has received insurance proceeds from VaCorp Insurance for damaged County vehicles and property; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia desires to amend the FY 2023-2024 Public Utility Fund budget in the amount of $670 for repair of damaged County vehicles and the FY 2023-2024 General Fund budget in the amount of $1,947 for replacement of stolen County property; and, WHEREAS, the Board of Supervisors needs to appropriate from insurance proceeds $670 to the Public Utility Fund and $1,947 to the General Fund for repair and replacement of damaged County vehicles and property. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2022-23 budget is hereby amended and the funds appropriated for $2,617. 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. 0 RESOLUTION TO AMEND THE FY 2023-24 OPERATING BUDGET AND APPROPRIATE FUNDING FOR THE FIFTH DISTRICT COURT JUVENILE DETENTION AGREEMENT WHEREAS, the County of Isle of Wight is a locality in Virginia's Fifth Judicial District and has agreed to act as fiscal agent for the Juvenile Detention facility agreement between the Middle Peninsula Juvenile Detention Commission and the Cities of Suffolk and Franklin and the Counties of Isle of Wight and Southampton; and, WHEREAS, the County of Isle of Wight, as fiscal agent, will pay the quarterly cost of reserving residential placement at the detention facility and subsequently bill the participating localities in quarterly increments for their portion of the reserve cost based on a 3-year average detention population for the Cities of Suffolk ($664,441) and Franklin ($80,242) and Southampton County ($53,104); and, WHEREAS, the Board of Supervisors needs to budget recovered costs revenue and appropriate funding in the amount of $797,787 in the County's General Fund for payment to the juvenile detention facility in excess of the amount budgeted for Isle of Wight County's portion. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2023-24 General Fund budget is hereby amended and funds appropriated in the amount of $797,787 to Fifth District Court Services for the juvenile detention agreement. 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 2023-24 GRANT FUND BUDGET AND APPROPRIATE FUNDING FROM THE LIBRARY OF VIRGINIA 5 CIRCUIT COURT RECORDS PRESEVATION PROGRAM WHEREAS, the Board of Supervisors desires to budget and appropriate funding from the Library of Virginia Circuit Court Records Preservation Program to provide resources to help preserve and make accessible permanent circuit court records in Isle of Wight County, Virginia; and, WHEREAS, the Board of Supervisors needs to amend the FY 2023-24 Grant Fund Budget in the amount of $50,565 to preserve and make accessible permanent circuit court records; and, WHEREAS, the Board of Supervisors needs to appropriate $50,565 to preserve and make accessible permanent circuit court records in Isle of Wight County, Virginia. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2023-24 Grant Fund budget is hereby amended and funds appropriated in the amount of $50,565. 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 2023-2024 OPERATING BUDGET AND APPROPRIATE FUNDING FOR THE SHERIFF'S CAPITAL OUTLAY PROJECT WHEREAS, Isle of Wight County Sheriff's Office recently seized as evidence a Ford Mustang where the lien holder waived all rights to the vehicle, and said vehicle was sold at public auction for the sum of $9,300; and, WHEREAS, the Board of Supervisors desires to amend the FY 2023-2024 General Fund budget in the amount of $9,300 from the sale of the abandoned vehicle; and, R WHEREAS, the Board of Supervisors needs to appropriate $9,300 to the FY 2023-2024 Sheriff's Office Capital Outlay for renovations to the recently acquired Mobile Command bus. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the FY 2023-2024 General Fund Budget is hereby amended, and funds appropriated to the Sheriff's Office Capital Outlay in the amount of $9,300 for the continued renovations of the Mobile Command bus. 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 OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA REGARDING THE APPROVAL OF ISSUANCE OF BONDS BY THE ECONOMIC DEVELOPMENT AUTHORITY OF ISLE OF WIGHT COUNTY FOR THE BENEFIT OF RIVERSIDE HEALTHCARE ASSOCIATION, INC. WHEREAS, the Economic Development Authority of Isle of Wight County, Virginia (the "Authority") is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act") to issue its revenue bonds for the purposes of, among other things, financing or refinancing medical facilities for use by organizations that are exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), thereby promoting the safety, health, welfare, convenience, and prosperity of the residents of the Commonwealth of Virginia (the "Commonwealth"); WHEREAS, the Authority has approved the application of Riverside Healthcare Association, Inc., a Virginia nonstock corporation (the "Borrower"), whose primary business address is 701 Town Center Drive, Newport News, Virginia 23606, requesting that the Authority issue up to rA $300,000,000 of its revenue bonds in one or more series at one time or from time to time (the "Bonds"); WHEREAS, the Authority will loan the proceeds of the Bonds to the Borrower to finance and refinance all or a portion of the costs associated with the projects described below: (1) The acquisition, development, constructing and equipping of a new hospital and related medical buildings in Smithfield, Virginia, to be owned and operated by the Borrower or an affiliate thereof, which are expected to be located in and around 19339 Benns Grant Boulevard and 19375 Benns Grant Boulevard, Smithfield, Virginia; and (2) The financing of, if and as needed, amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds (collectively (1) and (2), the "Plan of Finance"); WHEREAS, following notice given as required by Section 147(f) of the Code and Section 15.2-4906 of the Act, the Authority held a public hearing on September 12, 2023, regarding the Plan of Finance and issuance of the Bonds as required by Section 147(f) of the Code and Section 15.2-4906 of the Act; WHEREAS, Section 147(f) of the Code provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds and Section 15.2-4906 of the Act sets forth the procedure for such approval; WHEREAS, the Authority issues its bonds on behalf of Isle of Wight County, Virginia (the "County"), and the facilities to be financed and refinanced with the proceeds of the Bonds are located in the County and the Board of Supervisors of the County (the "Board"), constitutes the highest elected governmental unit of the County; WHEREAS, in accordance with Section 15.2-4906 of the Act, the Authority has recommended that the Board approve the Plan of Finance and the H. issuance of the Bonds, solely to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act; and WHEREAS, a copy of the Authority's inducement resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA AS FOLLOWS: 1. Subject to paragraph (2) below, the Board hereby approves the issuance of the Bonds, in an aggregate principal amount up to $300,000,000, by the Authority for the benefit of the Borrower, solely to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act, to permit the Authority to assist in accomplishing the Plan of Finance. ?. The approval of the issuance of the Bonds by the Board does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance or the Borrower, the economic viability of the facilities to be financed as part of the Plan of Finance, or any other matters relating to the Bonds, the facilities to be financed or refinanced with the proceeds of the Bonds, or the Plan of Finance. The Bonds shall not constitute a debt, liability or obligation of the County. In accordance with the Act, the Bonds shall not be deemed to constitute a debt or a pledge of faith and credit or taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the County. The Bonds shall provide that neither the Commonwealth, nor any political subdivision thereof, including the County and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and moneys pledged therefor by the Borrower. 3. This resolution shall take effect immediately upon its adoption. As provided in the Authority's inducement resolution, the authority to issue bonds shall continue in full force and effect for a period of one year from the adoption of the Authority's inducement resolution, unless specifically extended by the Authority. 0 RESOLUTION TO DESIGNATE OCTOBER 8-14, 2023 AS FIRE PREVENTION WEEK WHEREAS, Isle of Wight County is committed to ensuring the safety and security of all those who live, work, visit, and play in the County; and, WHEREAS, the members of County's seven volunteer fire and emergency medical services agencies and the career fire and rescue staff of Isle of Wight County are dedicated to reducing the occurrence of death, injuries, and property damage through the identification of risks, education of citizens, and response to emergency incidents; and, WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and, WHEREAS, County residents who are responsive to public education measures are better able to take personal steps to increase their safety from fire, especially in their homes; and, WHEREAS, each year during the second full week in October, fire departments and other emergency services professionals across the country work to educate everyone about simple but important actions they can take to keep themselves and those around them safe from home fires. NOW THEREFORE BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that October 8-14, 2023, is designated as "Fire Prevention Week" in Isle of Wight County. BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County extends its appreciation to the men and women of the County's Fire and Rescue agencies for the tireless work they do to keep residents safe throughout the year. 10 Recognition of Mrs. Grace J. Keen at Riverview Park Memorial Garden RESOLUTION TO SUPPORT APPLICATION FOR AND APPROPRIATION OF REVENUE SHARING GRANT FUNDS FOR THE RECONSTRUCTION AND STREET ACCEPTANCE OF THE LAWN ES POI NTE ON THE JAM ES PROJECT WHEREAS, the Board of Supervisors desires to submit an application for an allocation of Revenue Sharing funds of up to, but not to exceed $765,000 for the reconstruction and street acceptance of certain streets within the Lawnes Point on the James subdivision; and, WHEREAS, the Board of Supervisors is committed to providing up to $1,530,000 in project front -funding, with a total local match contribution not to exceed $765,000 the reconstruction and street acceptance of certain streets within the Lawnes Point on the James subdivision; and, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the County hereby supports and makes application for this project under the Virginia Department of Transportation Revenue Sharing Program. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all project documents and make such accounting adjustments and appropriations, and execute such agreements, work orders, contracts, change orders, and other documents as necessary to give this resolution effect and complete the design and construction this project. RESOLUTION TO SUPPORT APPLICATION FOR AND APPROPRIATION OF REVENUE SHARING GRANT FUNDS FOR THE CONSTRUCTION OF ROUTE 10 AND TURNER DRIVE IMPROVEMENTS 11 WHEREAS, the Board of Supervisors desires to submit an application for an allocation of Revenue Sharing funds of up to, but not to exceed, $5,000,000 for the construction of Route 10 (Benns Church Blvd) and Turner Drive (Rt 644) Improvements, to include dual westbound left turn lanes, a single lane roundabout, and related ancillary signal, pedestrian, and utility improvements; and, WHEREAS, the Board of Supervisors is committed to providing up to $10,000,000 in project front -funding, with a total local match contribution not to exceed $5,000,000 for the construction of Route 10 (Benns Church Blvd) and Turner Drive (Rt 644) Improvements; and, WHEREAS, Isle of Wight County is committed to public safety and economic development benefits that this project will provide for the community and is partnering with local public and private stakeholders to bring this improvement to the corridor; and, WHEREAS, Isle of Wight County has the staff resources and expertise, including the required State certifications and training, to locally administer this project. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the County hereby supports and makes application for this project under the Virginia Department of Transportation Revenue Sharing Program. Acquisition of Replacement of Ten 2023 Dodge Durango Sport Utility Vehicles for the Sheriff's Office as replacement vehicles for patrol and other departmental operations at a total cost of $405,870 12 Minutes of June 15, 2023 Regular Meeting Minutes; July 13, 2023 Work Session Minutes; July 13, 2023 Regular Meeting Minutes; and August 3, 2023 Work Session Minutes REGIONAL AND INTER -GOVERNMENTAL REPORT Supervisor Rosie reported that at the most recent meeting of the Hampton Roads Military Federal Facilities Alliance, the potential for the Federal government shut down in 13 days was discussed. He encouraged everyone to write to their respective Congressman/Senator and share their concerns. APPOINTMENTS Supervisor Acree moved that Garry Windley be appointed to replace Pat Humphries on the Fire & Rescue Advisory Board. The motion was unanimously (5-0) adopted with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. SPECIAL PRESENTATIONS Paul Matticks and George Bowman, the newly hired Assistant Administrator for the Franklin residency, addressed the Board relative to current and future maintenance and repair projects in the County. Supervisor Jefferson asked VDOT to investigate a vehicle being parked in the right-of-way at 9612 Old Stage Highway. Supervisor Acree advised that a patch of roadway on Cedar Grove Road needs to be repatched. Supervisor Rosie advised that the ditch work performed in the Carrsville area needs to be redone and River Run Trail is beginning to get extremely rough. He advised that there is a huge pothole at the light at Route 258 and 58. 13 Supervisor Grice asked that VDOT not begin work on two projects simultaneously and that when the bridge is complete, that a 25 mph be installed on the bridge. Chairman McCarty inquired about the timeline for Smiths Neck Road and advised that where it has already been paved on Reynolds Drive, there is a hole. Lynn Briggs, Chairperson, Energy Task Force, provided information related to the Task Force's members and meeting schedule; past and future meetings summaries; its mission and goals and anticipated deliverables. Supervisor Grice asked the Task Force to discuss storage technology. The Board took a brief recess before returning to open session and hearing a presentation from Jaimie Belch, Therapeutic Recreation Specialist, on Parks and Recreation programs for children and adults with disabilities. PUBLIC HEARING Trenton Blowe, Planning & Zoning, presented background information on the following: Application (CUP-5-23) of Waverton Associates, Inc., Applicant, and James River Crossings, Inc., Property Owner, for a Conditional Use Permit for a Mini - Warehouse Storage Facility on Property Identified as Tax Map Number 34- 01-079 Located on Lori Ann Way in the Crossings Planned Development. The public hearing was opened and Jerry Bowman, President of James River Crossings and Phil Smith, Waverton Associates, appeared and spoke in favor. The public hearing was closed. 14 Chairman McCarty moved that the application be approved. The motion was adopted with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. COUNTY ADMINISTRATOR'S REPORT Will Drewery, Emergency Management Coordinator, provided a briefing on the unnamed storm with regard to anticipated amount of rainfall, wind and storm surge. The Board was apprised that its Retreat is set for October 25, 2023 in the 757 room at the Hampton Roads Planning District Commission building in Chesapeake. The following matters for the Board's information were highlighted: Delinquent Tax Collections —July 2023 Cash Position —July 2023 Statement of Treasurer's Activity — July 2023 — Supervisor Grice Incidents by Zone Map — August 2023 Incidents by Zone Data — August 2023 Station Activity Report — August 2023 Museum Report — August 2023 The Board was notified that the date selected for a joint meeting with the Town of Smithfield is October 15, 2023 at 4:00 p.m. 15 County Administrator Keaton advised that he would be out of the office for the first two weeks of October to attend the annual ICMA Conference and vacation. NEW BUSINESS Conditional Use Permit (CUP) Application (CUP-11-23) for Amendment to the Original Nuby Run Solar Energy Generation Facility Conditions of Approval of CUP-5-21 Located on Orbit Road on Tax Parcel Number 39-01-038 Amy Ring, Community Development Director, provided background information on the Nuby Run Solar Energy amendment request. Ben Stagg, the property owner, took responsibility and agreed to replant the area that was cleared. Jeff Ryan, owner/operator of the solar facility, represented that there had been a misunderstanding of the conditions as they applied to the entire parcel and not just the limits of the site development. Vice -Chairman Acree moved that the application be approved. The motion was adopted with Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor voting against the motion. County Administrator Keaton informed the Board that the County previously had budgeted funding for the acquisition of fire apparatus (ladder truck). Carrsville Volunteer Fire Department (VFD) has advised that a Pierce ladder truck is best suited to meet that Department's needs. The Pierce truck is slightly more expensive than an E-One truck; however, Atlantic/Pierce is offering a discount for prepayment that makes the Pierce truck the least expensive. The Carrsville VFD would like to move forward on purchasing a Pierce ladder truck at a cost of $1,881,713 after the pre- payment discount of $145,000 and funding is currently available. $1,300,000 was originally budgeted for the ladder truck and $600,000 was budgeted for an engine for Carrsville VFD that does not have to be purchased 16 at this time and $125,000 from the engine budget was then used to cover the extra cost for the Smithfield ladder truck, leaving $475,000 that can be applied to the Carrsville ladder. The remaining $106,713 can come from leftover funds in the SCBA budget due to the grant that the County received, so no formal action is needed by the Board at this time. Vice -Chairman Acree recommended that the County assist Carrsville Fire Department in obtaining an appraisal of the truck to give the County an idea of the value of the truck. ADJOURNMENT At 9:00 p.m., Chairman McCarty declared the meeting adjourned. ,�A^ William M.�ary,r., Chairman c � Carey Mill Storm, Clerk 17