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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, 1 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 2 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. 3 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 11, 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 7 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 L 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. 7 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. 10 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" 11 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. 12 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 13