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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