04-18-2024 - 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 EIGHTEENTH
DAY OF APRIL 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.
APPROVAL OF AGENDA
Supervisor McCarty moved that the agenda be adopted as presented. The
motion was adopted unanimously (5-0) with Supervisors Acree, 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, County Attorney
Jones requested a closed meeting for the limited purpose of: A discussion
regarding the appointment of specific appointees to County boards,
committees, or authorities as set forth in the agenda, pursuant to subsection
1; consultation with legal counsel regarding actual or probable litigation
1
regarding condemnation and eminent domain issues related to
transportation projects, where such consultation would adversely affect the
negotiating or litigation posture of this public body pursuant to subsection 7;
a discussion of the award of a public contract for the construction of a new
pump station involving the expenditure of public funds and discussion of the
terms or scope of such contract, where discussion in an open session would
adversely affect the bargaining position or negotiating strategy of this public
body pursuant to subsection 29; consultation with legal counsel regarding
specific legal matters requiring the provision of legal advice by such counsel,
relating to the governance of the Western Tidewater Regional Jail Authority
pursuant to subsection 8; a discussion regarding the negotiation of the sale of
County real property in the Obrey Subdivision in the Carrollton area, where
discussion in an open meeting would adversely affect the bargaining position
or negotiating strategy of the Board, pursuant to subsection 3.
Upon motion of Vice -Chairman Rosie 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 McCarty 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,
F)
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.
vnTF
AYES: Acree, Rosie, Jefferson, McCarty, Rountree
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor McCarty moved that a discussion item be added under New
Business for the purpose of a cost allocation agreement regarding
construction of the Carrollton Forest pump station, force main and Archer's
Meade pump station. The motion was adopted unanimously (5-0) with
Supervisors Acree, Rosie, McCarty, Jefferson and Rountree voting in favor of
the motion and no Supervisors voting against the motion.
INVOCATION
The Pastor of Resurrection Lutheran Church in Newport News delivered the
invocation and led the Pledge of Allegiance to the flag.
3
CITIZENS' COMMENTS
David Hundley of Smithfield, Director of the 1750 Courthouse, thanked the
Board for its past and continued financial support. He extended an invitation
to visit the 1750 Courthouse and experience a walkaround of the site, a
presentation on the County's history as encapsulated by this unique
courthouse building and an overview of current and upcoming projects. He
acknowledged community volunteers and supporters for their work on
projects and programs.
Peter Economou of the Public Defender's office addressed the Board
regarding services rendered by that office.
Herb DeGroft of District 5 addressed the Board regarding reimbursement to
enlisted persons serving in the military reserve. He then inquired when work
on the Nike Park Missile site will be completed. He concluded his remarks
with a request for the installation of a freshwater cooler and direction to staff
to allow the local food pantry to provide fresh wholesome fruit and produce
throughout the week.
Sam McAdoo of Lawnes Pointe spoke about the archeological easements at
Lawnes Point Subdivision. He advised that he believes his Lot 58 and 59 have
incorrect historical easements.
CONSENT AGENDA
Following an overview by County Administrator Keaton, the below Consent
Agenda was adopted unanimously (5-0) as presented on motion of Supervisor
McCarty:
Resolution to Amend the FY2023-24 Capital Projects Budget and
Appropriate Interest Earnings for Carrollton Volunteer Fire Department
Tanker Purchase ($299,701)
0
Resolution to Amend the FY2023-24 Capital Project Budget and
Appropriate Funds for the Extension of William A. Gwaltney Way
($825,000)
Resolution to Amend the FY2023-24 Operating Budget and Appropriate
Funding for Replacement of a Sheriff's Office Vehicle ($37,874)
Execution of a Broadband Infrastructure Grant Agreement with Charter
Communications, Inc. ($318,750)
Memorandum of Understanding with the Town of Smithfield for
Building Code Enforcement Service
Dominion Energy Easement for Relocation of the Overhead Powerline
at the Public Works Complex
Minutes of March 7, 2024 Work Session
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Vice -Chairman Rosie reported on items discussed at the most recent meeting
of the Hampton Roads Military Federal Facility Alliance.
Supervisor Rountree reported on items discussed at the most recent meeting
of the Hampton Roads Workforce Council related to maritime trade.
County Administrator Keaton reported on items discussed at the most recent
meeting of the Southeastern Public Service Authority concerning the regional
landfill.
APPOINTMENTS
Supervisor Rountree moved that Assistant County Administrator Robertson
be reappointed to serve on the Chamber of Commerce. The motion was
unanimously (5-0) adopted.
5
Supervisor Jefferson moved that Arleen Picott be reappointed to serve on the
Southeastern Tidewater Opportunity Project. The motion was unanimously
(5-0) adopted.
SPECIAL PRESENTATION
An update of the County's Emergency Operations Plan was provided by Will
Drewery, the County's Emergency Management Coordinator.
COUNTY ATTORNEY'S REPORT
No report was offered.
PUBLIC HEARINGS
A. Public Hearing on the Proposed Operating and Capital Budgets for Fiscal
Year 2024-25, Related Ordinances, and the FY2025-34 Capital
Improvements Program
County Attorney Jones advised that the ad for this public hearing indicated
that there would be a public hearing on the actual ordinance, but that will not
be done today as that needs to be readvertised for May 9, 2024.
Chairman Acree opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed Operating and Capital Budgets.
Shelly Perry of Rushmere spoke about the increase in property values
resulting from the recent reassessment. She stated the County needs to live
within its means instead of taking out loans and that the Board needs to listen
to the citizens before raising taxes. She spoke in opposition to the School
Division receiving its request for funding until it can identify where all the
requested funding will be used.
Herb DeGroft of District 5 mentioned correspondence had been sent to the
Board regarding the proposed School budget for FY2025 and he encouraged
the Board to act on his recommendations related to lighting on the fields and
M
placing the County's Director of Budget and Finance in charge of the School's
Budget Department.
Chairman Acree closed the public hearing.
The public was advised that per the Code of Virginia, the Board is required to
wait at least seven days following its public hearing before acting on the
proposed FY2023-24 Operating and Capital Budget which includes an
advertised General Fund Operating Budget of $108,987,352 and a Capital
Budget of $14,900,000.
B. Application (ZA-1-24) of Robert T. Jones, Property Owner, for a Change
in Zoning Classification from Rural Agricultural Conservation (RAC) to
Conditional Rural Residential (C-RR) for Approximately 5.3 Acres
Located at 13356 Jones Town Road (Rt. 637) with Tax Parcel Number
17-01-045 for the Purpose of Creating One Single Family Residential Lot
Around an Existing Dwelling.
Caleb Kitchen, Planner 1, Department of Community Development,
represented the application. He began with a site description, background
information, agency reviews, staff conclusions, Planning Commission and
staff recommendations.
Chairman Acree opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed application.
Attorney Al Jones, representing Robert Jones, the applicant, asked the Board
to find in favor of the application.
Chairman Acree closed the public hearing.
Supervisor Rountree moved that the application be approved which was
unanimously adopted (5-0).
C. Application (SUB-18-24) of Tracy Gramajo, Applicant, and John D. Eure
Jr. and Bellamy F. Eure, Property Owners, to Vacate the "Recreation
Area" Lot of Cherry Grove Acres Section Two to Allow Single Family
Residential Use of the Parcel.
Mr. Kitchen represented the application. He began with background
information, a location, zoning and land use maps, a subdivision plat, staff
analysis, and staff's recommendation of approval contingent upon approval
of a well and wastewater system.
Chairman Acree opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed Operating and Capital Budgets.
Tracy Gramajo, applicant, stated she wanted to build a single-family home on
the property which would be consistent with the appearance of other homes
in the neighborhood. She stated there should be no negative impact to the
neighborhood and only the trees necessary to locate the home will be cut
down.
Jay Riddick of Cherry Grove Circle stated that the recreational lot is full of
memories for him and it will provide for the next generation a safe place to
explore. He said that he had received less than two weeks' notice about the
plans to rezone this property and he wants to convey how much that strip of
land means to the neighborhood.
Charlee Eaves of Cherry Grove Circle stated this piece of land makes this
neighborhood special and adds to its beauty and peacefulness. She advised
that she had purchased her home with the understanding that this land was
to be for recreational use and having ongoing construction would present a
risk to the children who ride their bicycles along this quiet stretch of roadway.
She added that disturbance of the woods and drainage in the neighborhood
are concerns. She stated that this parcel is used for recreational use and
submitted a petition containing 26 names in favor of it remaining that way.
She concluded that the neighborhood has alternative methods available with
M
regard to purchasing the lot as it is. Approximately 10 individuals stood in
favor of opposing the vacating of the lot.
Ann Crusenberry, Chorey & Associates, realtor representing the applicant,
stated that when the development was built 50 years ago, the County
required the designation of a small area of green space to act as a recreational
area. She stated that the Eure's understanding was that at the completion of
the development, these lots would pass to a Homeowners' Association, which
in this case, was never formed and the Eure's have been forced to retain
ownership of these two unusable lots. She stated today, the lots serve mainly
as a dumping area for yard waste and the Eure's should not be forced to hold
these lots and to continue to pay taxes on what is considered unusable land.
Chairman Acree closed the public hearing and moved that the application be
denied. The motion was unanimously adopted (4-1) with Supervisor Jefferson
voting against the motion.
D. Application CUP-1-24 of Robert M. and Hollis G. Bridges, Property
Owners, for a Conditional Use Permit to Operate a Commercial Kennel
on 10.34 Acres Located at 24030 Ennis Mill Road in the Rural
Agricultural Conservation (RAC) Zoning District.
Sandy Robinson, Planner 1, Department of Community Development,
represented the application related to background, staff conclusions,
Planning Commission and staff's recommendations.
Chairman Acree opened the public hearing and called for those to speak in
favor of or in opposition to the proposed application.
Robert Bridges of Orbit Road stated he is looking forward to providing a
service in the surrounding area.
Billy Gwaltney, surrounding property owner, spoke in favor stating that there
is a need for this type of facility in the Windsor area.
E
Sam McAdoo of Orbit spoke in favor stating that this is a top-notch facility and
will be a valuable asset to the community.
Chairman Acree closed the public hearing.
Chairman Acree moved that the application be approved as conditioned by
the owner and all necessary permits being obtained prior to the Certificate of
Occupancy being issued. The motion was unanimously adopted (5-0).
FIR
Following a short break, Chairman Acree called forth e County Administrator's
report.
County Administrator Keaton advised that the Board was provided a hard
copy of the 2023 Annual Report for the Economic Development Authority and
the information included in the agenda is for the Board's information only.
Matters for the Board's information was highlighted by County Administrator
Keaton, as follows: Incidents by Zone data/March 2024; Incidents by zone
map — March 2024; Station Activity Report — March 2024; and, Museum
Report — March 2024.
NEW BUSINESS
Amy Ring, Director of Community Development, introduced the following
application for the Board's consideration:
Application (EXC-1-24) of Isle of Wight County, Property Owner, for an
Exception to Section 6-1010.A.5 and A.11 of the Highway Corridor Overlay
(HCO) District Requirements for the Route 10 Waterline Booster Pump Station
on 1.01 Acres Located at 10200 Old Stage Highway (Rte. 10)
10
Ms. Ring's presentation entailed a site description, background information,
a rendering of the Old Stage Road booster pump station building, front and
north views, exception criteria, analysis, and recommendation of the Planning
Commission and staff to recommend denial of the request because the
building has previously demonstrated the ability to meet the Highway
Corridor Overlay District requirements.
County Administrator Keaton, appearing on behalf of the applicant, provided
an overview of the project required for the Hardy Elementary School
waterline which was originally estimated to cost $750,000; however, came in
at $2,000,000. He advised that pre-engineered buildings are being used at
other pump stations throughout the County and this building is located 100
feet from the roadway and the site is heavily wooded along three sides. He
stated that fake windows could present a maintenance issue and it is
recommended that chain -link fence with barbed wire is actually at other
stations in the County and is strongly encouraged by the Homeland Security
Act and Patriot Act as a deterrent to interference with the County's water or
sewer systems.
Vice -Chairman Rosie remarked that he would be in favor of the barbwire
fence based on the use of this particular facility and the remote location.
County Attorney Jones advised that the windows are a requirement of the
Highway Corridor Overlay District, however, the roof would have been
acceptable under the Highway Corridor Overlay District and the fence is a
safety issue that should be considered.
Supervisor Rountree moved that the applicant's request for the Highway
Corridor Overlay District requirement for the windows be denied and the
request for the barbwire fence be approved. The motion was adopted (4-1)
with Chairman Acree voting against the motion.
On the recommendation of County Attorney Jones, Supervisor McCarty
moved to authorize the County Administrator to enter into the cost allocation
agreement between the County and Whitman development group for the
11
purpose of the replacement of the Carrollton Forest pump station, the force
main sewer running between the new Carrollton pump station and the new
Archer's Meade pump station. The motion was adopted unanimously (5-0).
At 9:05 p.m., the meeting was declared adjourned.
t �
Carey ills orm, Clerk
12