03-21-24 - Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD
IN THE ISLE OF WIGHT COUNTY GENERAL DISTRICT COURT LOCATED AT 17000
JOSIAH PARKER CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE TWENTY-
FIRST DAY OF MARCH IN THE YEAR TWO THOUSAND AND TWENTY-FOUR
BOARD MEMBERS PRESENT
Joel C. Acree, District 4, Chairman
Don G. Rosie, II, District 5, Vice -Chairman
Rudolph Jefferson, District 3
William M. McCarty, Sr., District 2
Renee Rountree, District 1
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 Acree called the regular meeting to order at 5:00 p.m. and noted for the
benefit of the public that the Board of Supervisors' meetings have been temporarily
moved from the Robert C. Claud, Sr. meeting room located at 17090 Monument
Circle, Isle of Wight, Virginia to the Isle of Wight County General District Court
located at 17000 Josiah Parker Circle, Isle of Wight, Virginia due to an inoperable
elevator that is under repair.
INVOCATION
Assistant County Administrator Robertson delivered the invocation and led the
Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
Supervisor McCarty moved that a discussion be added to New Business concerning
a discussion held by the School Board at its last meeting regarding the Board of
Supervisors. The motion was adopted unanimously (5-0) with Supervisors Acree,
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Rosie, McCarty, Jefferson and Rountree voting in favor of the motion and no
Supervisors voting against the motion.
CLOSED MEETING
Pursuant to Section 2.2-3711(A) of the Code of Virginia, Supervisor McCarty moved
to enter a closed meeting for the limited purpose of 1.) Consultation with legal
counsel employed by the board regarding specific legal matters requiring the
provision of legal advice by such counsel, namely (a) negotiations of siting
agreements applicable to solar projects, and (b) the board's authority under the
Virginia Code regarding the granting of concealed weapons permits, pursuant to
subsection 8 and 2.) a discussion regarding the appointment of specific appointees
to County boards, committees, or authorities as outlined in the agenda, pursuant
to subsection 1.
The motion passed unanimously with Supervisors Acree, Jefferson, Rosie, McCarty
and Rountree voting in favor of the motion and no Supervisors voting against the
motion.
Upon motion of Chairman 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 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
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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, Rosie, Jefferson, McCarty, Rountree
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
CITIZENS' COMMENTS
Bob Hayes, Board of Directors, Western Tidewater Free Clinic, expressed the
Clinic's gratitude for the Board's past financial support and provided an update on
the 19% of County residents who have received services at the Clinic this fiscal year.
Wayne Gustison of Ivor spoke about the dangerous driving conditions on White
Marsh Road as a result of it being utilized by contractors associated with the AES
solar project. He requested a safety check be conducted and notified the Board
about a school bus accident on March 15, 2024 that was carrying 15 children which
caused the bus driver to have to be transported to the hospital.
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Charles Short of Carrollton spoke in opposition to the fee being charged for a
concealed weapons permit.
Responding to Mr. Short, Supervisor McCarty advised that the fee being charged
for concealed weapons permits will be discussed during the budget process.
CONSENT AGENDA
Following an overview of the below items by County Administrator Keaton, the
following Consent Agenda was adopted unanimously (5-0) as presented on motion
of Supervisor McCarty:
A. Resolution to Amend the FY2023-24 Operating Budget and Appropriate
Funding for Repair and Replacement of County Property from Insurance
Proceeds ($26,931)
B. Resolution to Amend the Budget and Appropriate Funding from Unassigned
Fund Balance to Contingency for Fire Rescue Response to Isle of Wight
Industrial Park ($190,000)
C. 2023 Planning Commission Annual Report
D. Resolution to Commit Funds as Surety for Economic Development Access
Grant Program ($850,000)
E. Employment Agreement for the County Administrator (Randy R. Keaton)
F. Employment Agreement for the County Attorney (Bobby Jones)
G. Agreement for Mutual Aid Fire and Rescue Services Among Localities in
Hampton Roads Virginia (Chesapeake, Franklin, Hampton, Newport News,
Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg
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and the counties of Gloucester, James City; Isle of Wight, Southampton, Surry
and York)
H. Resolution to Provide Signatory Authority to the County Administrator for
Transportation Projects
Memorandum of Understanding by and Between the Isle of Wight County
Board of Supervisors and Smithfield Soccer Club
J. Acquisition of an ADA Accessible Bus for Parks & Recreation Department to
Transport Program Participants to and From Events and Activities
K. Minutes
October 25, 2023 Retreat Minutes
January 16, 2024 Regular Meeting Minutes
February 15, 2024 Regular Meeting Minutes
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor McCarty reported on items discussed at the most recent meeting of the
Western Tidewater Regional Jail related to the City of Hampton joining
participating regions. He advised that there was also discussion concerning the cost
to house young adults and potential solutions.
Supervisor McCarty reported on items discussed at the most recent meeting of the
Hampton Roads Transportation Planning Organization regarding future solutions
for the creation of a primary and secondary road fund.
County Administrator Keaton reported on items discussed at the most recent
meeting of the Southeastern Public Service Authority regarding bids not received
for the fly -over project.
Supervisor Rountree reported on items discussed at the most recent meeting of
the Eastern Virginia Regional Industrial Facility Authority to the Kings Creek project.
Chairman Acree reported on items discussed at the most recent meeting of the
Hampton Roads Planning District Commission related to the need for additional
housing in the region, the national shortage of housing and the availability of
affordable housing. There was also discussion on energy, specifically solar panels,
and technology and how emergencies are handled by first responders, he advised.
APPOINTMENTS
Supervisor Jefferson moved that Janet Robertson be reappointed to serve on the
Commission on Aging representing District 3. The motion was unanimously
adopted (5-0).
Supervisor Jefferson moved that Barbara Wiggins be reappointed to serve on the
Commission on Aging representing District 3. The motion was unanimously
adopted (5-0).
Supervisor Jefferson moved to adopt the following slate of officers to serve on the
Fire Rescue Advisory Board:
PRIMARY ALTERNATE
CARROLLTON VFD Tim Nunez Scott Brower
CARRSVILE VFD Judson West Weston Jamison
RUSHMERE VFD Brandon Jefferson Kevin Parker
SMITHFIELD VFD Chris Edwards Charlie Kempton
WINDSOR VFD Lee Marshall Dale Scott
ISLE OF WIGHT VRS Brian Carroll Chad Owens
WINDSOR VRS Keith Griffin Beth Hecker
DEPT. OF FIRE RESCUE Garry T. Windley Will Drewery
The motion was unanimously adopted (5-0).
Vice -Chairman Rosie moved that Amber Wells be reappointed to represent District
5 on the Economic Development Authority. The motion was unanimously adopted
(5-0).
Vice -Chairman Rosie moved that Peggy Lockwood be reappointed to represent
District 5 on the Historical Architectural Review Committee. The motion was
unanimously adopted (5-0).
Chairman Acree moved that Melinda Shortridge be appointed to serve on the
Commission on Adults with Disabilities representing District 4. The motion was
unanimously adopted (5-0).
Chairman Acree moved that Renea Acree be appointed to serve on the Commission
on Adults with Disabilities representing District 4. The motion was unanimously
adopted (5-0).
Supervisor McCarty moved that Randy R. Keaton be appointed to serve on the
Western Tidewater Community Services Board. The motion was unanimously
adopted (5-0).
PUBLIC HEARINGS
Application of Moonlight Solar, LLC (CUP-10-23), Applicant, and George Benjamin
Edwards, Jeanette J. Edwards, George W. Edwards, LeAnne Ricks Edward Wait, and
Dana Louise Edwards, Property Owners, for a Conditional Use Permit to Establish a
Major Utility Service, Specifically a 44 MW utility -Scale Solar Energy Generation
Facility and Substation, on Approximately 523 Acres Located on Moonlight Road
(Route 627) and Burwelis Bay Road (Route 621) in the Rural Agricultural
Conservation Zoning District and a Request to Withdraw Approximately 523 Acres
from the Moonlight Agricultural/Forestal District.
Caleb Kitchen, Planner I, Planning & Zoning, presented the Conditional Use Permit
application related to site and project descriptions, staff analysis on public facilities,
environmental resources, historical resources and economic resources, the
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Comprehensive Plan review, the Department and agency review, staff analysis, and
the Planning Commission's and staff's recommendation to deny.
Chance Zajicek, representing Palladium Energy and in support of the Moonlight
solar project, provided an overview of the project and timeline, followed by
improvements and changes to the concept plan. He continued with proposed
transportation plan conditions and the economic benefit of this project, if
approved.
Chairman Acree opened the public hearing and called for those to speak in favor of
or in opposition to the proposed application.
Tom Endrosick of Smithfield spoke in favor noting that climate change requires
urban action. He remarked that nothing can compete with solar when it comes to
cost and safety and there has been much objection to the appearance of solar
facilities and the use of farmland. He spoke about changes being experienced
nationwide relative to climate change and the appearance of a well -constructed
solar farm. He advised with regard to farmland allocation, if solar farms are
combined with agricultural land, the yield of vegetables growing under the solar
panels is increased.
Steve Murphy of Burwells Bay Road relayed concerns about unsafe conditions on
Jones Drive. He spoke about attempts made to make the roadway wider; that there
is a lack of drainage on Burwells Bay Road and Moonlight Drive; that trucks
continue to knock down his mailbox; and, that there is a lack of shoulders from
collapsed pavement on Burwells Bay and Moonlight Drive due to truck traffic. He
recommended that the panels be moved into the wooded area where they are out
of view and asked what the recourse is for residents whose mailboxes and personal
property is being damaged by truck traffic.
George Edwards, applicant, advised that he had received a proposal which he had
discussed with his family and who believes this is the best course for their family.
He advised that he is 55 years of age and he will not be able to farm forever. He
asked the Board to think about his family who has lived in the County their entire
lives and paid their taxes on time when the Board votes on his application. He
further asked the Board to think about past proposals of landowners and farmers
which had been approved. He shared his concern about the road conditions, which
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have not been improved since he began driving at the age of 16 and which this
company is offering to fix once construction is complete.
Chloe Hodges on behalf of Energy Right spoke about the right of property owners
to have the ability to do what they wish with their property. She cited a recent poll
by Energy Right which indicated that 55% of Virginians would prefer solar projects
as neighbors over housing, natural gas lines and industrial parks. She advised that
funding received from this project can be used to lower tax rates in the County and
because solar does not put a burden on public services, those dollars can be put
directly into the community to fund schools and first responders. She stated it is
important to approve projects based on their merits and what value it can bring to
a community.
David Tucker of District 3 remarked that the Planning Commission had zero
favorable votes on this application and that while every person should have a right
to do with their land as they please, energy is a regulated product, there is a
capacity factor, utility bills are increasing by 120%, one individual's W2 can
represent multiple jobs performed and third parties are benefitting from US tax
credits and breaks.
Chairman Acree closed the public hearing.
Supervisor McCarty remarked that there is conflicting information out there on
solar farms and in order for this application to be given proper attention due to
changes being made, he moved that the application be returned to the Planning
Commission for review of those changes. The motion was unanimously adopted
(5-0).
County Attorney Jones presented the Moonlight Solar Energy Generation Facility
Siting Agreement which goes along with the above Conditional Use Permit. He
recommended that following the public hearing, he would recommend that the
matter be tabled until such time as the Planning Commission sends the Conditional
Use Permit back to the Board.
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Chairman Acree opened the public hearing on the Moonlight Solar Energy
Generation Facility Siting Agreement and called for persons to speak in favor of or
in opposition to the proposed Agreement.
Scott Foster of Smithfield remarked that given the fact that the Conditional Use
Permit has been returned to the Planning Commission, there is adequate time to
work through options for up -front funds should this project not be built due to any
regulatory reason.
Chairman Acree closed the public hearing.
Supervisor McCarty inquired if the solar farm ceases its operation, will the balance
of the monies promised in the Siting Agreement be due and payable?
County Attorney Jones requested additional time to research Supervisor McCarty's
inquiry.
Supervisor McCarty moved that the Siting Agreement be tabled until the
Conditional Use Permit is resolved at the Planning Commission level. The motion
was unanimously adopted (5-0).
The Board took a recess and upon returning to open session, Chairman Acree called
for items of new business.
NEW BUSINESS
Amy Ring, Director of Community Development, provided an overview of the
following proposed South Harbor planned development conditional zoning
amendment request which included a summary of the requested action, the
purpose, the location, the zoning and the phasing plan. She further reviewed
proposed proffer changes and relayed the recommendations of the Planning
Commission and staff. She stated that in accordance with Section 1-1016-G of the
Zoning Ordinance, where there is an amendment to proffered conditions of use or
density, the Board may waive the public hearing requirement.
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Application of Branch P. Lawson on Behalf of EH2, LLC, Applicant, to Amend the
Approved Conditional Zoning of 114.17 Acres with Tax Map Numbers 34-01-077
and 34-01-077D on Carrollton Boulevard (U.S. Route 17) to Modify Proposed Road
Improvements Based on the Updated Traffic Impact Analysis and to Increase the
Allowable Front Yard Building Setback for the Fifty -Foot -Wide Single Family
Detached Residential Units in the Neighborhood Plan Book.
Supervisor McCarty moved to waive the public hearing requirement. The motion
was adopted unanimously (5-0).
Supervisor McCarty moved that the application be approved. The motion was
adopted unanimously (5-0).
COUNTY ADMINISTRATOR'S REPORT
Jamie Oliver, Transportation Manager, briefed the Board on short and long-term
results of a safety study recently conducted on Sugar Hill Road. She reported on
VDOT's efforts towards revamping school zones.
County Administrator Keaton highlighted the following matters contained in the
agenda for the Board's information:
1.) Statement of the Treasurer's Accountability —January 2024
2.) Cash Position —January 2024
3.) Incidents by Zone Map — February 2024
4.) Incidents by Zone Data — February 2024
5.) Station Activity Report — February 2024
6.) Museum Annual Report — February 2024
7.) Museum Annual Report —January 2024
8.) Correspondence from Western Tidewater Free Clinic
Supervisor Rountree requested a year over year comparison from the Treasurer and
the reason for the school fund being marked "unavailable"
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Following an overview of the County's health insurance, County Administrator
Keaton introduced a Resolution to Approve the Employee Health Insurance Plan
Offerings for Fiscal Year 2024-25 for the Board's consideration.
Supervisor Rountree moved that the following Resolution be adopted:
RESOLUTION TO APPROVE THE EMPLOYEE HEALTH INSURANCE
PLAN OFFERINGS FOR FISCAL YEAR 2024-2025
WHEREAS, the next Employee Health Insurance Plan Year takes effect July
1, 2024; and,
WHEREAS, the County participates in The Local Choice Health Insurance
Program through Anthem and offers three plans; and,
WHEREAS, The Local Choice Anthem Key Advantage 250 Plan, Key
Advantage 500 Plan, and High Deductible Health Plan (with Health Savings
Account) are recommended to the Board of Supervisors as the three plan
offerings available for the plan year beginning July 1, 2024.
NOW, THEREFORE, BE IT RESOLVED that the Health Insurance Plan
offerings of The Local Choice Anthem Key Advantage 250 Plan, Key
Advantage 500 Plan, and High Deductible Health Plan (with Health Savings
Account) are available for employees with employer and employee
contribution rates effective July 1, 2024 as referenced in the attached exhibit.
BE IT FURTHER RESOLVED that eligibility for participation in the Health
Insurance Plan offerings is as follows: All regular full-time employees of the
County, to include Appointees and Registrar, as well as elected officials to
include Constitutional Officers and Board of Supervisors members, as well as
local state -supported employees of the Isle of Wight Department of Social
Services.
The motion was unanimously approved.
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Responsive to Supervisor McCarty, County Administrator Keaton offered to
investigate if other funding options can still be investigated if the Board adopts the
Resolution at this meeting.
In response to a discussion being added regarding the School Board under the
Approval of the Agenda, Supervisor McCarty clarified for the benefit of the public
that the financial plan being discussed by the School Board regarding the County
assisting the Schools in its financial matters is an accounting function only on the
part of the Board. For the record, this board is not doing anything without an
invitation from the School Board and this matter is not involved with the recent
budgetary oversight by the School Division.
ADJOURNMENT
At 9:05 p.m., the meeting was declared adjourned.
Carey Mihl Storm, Clerk
Joel C. Acree, airman
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