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05-16-2024 Regular Meeting REGULAR 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 SIXTEENTH DAY OF MAY 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. Recognizing the absence of Vice-Chairman Rosie, County Attorney Jones advised that in accordance with State Code and the Board's by-laws, a Board member can participate remotely in a meeting if a physical quorum is assembled and if the member has requested and notified the Board that he wishes to appear remotely/electronically. He advised that Vice-Chairman Rosie will be participating remotely due to a personal matter which will require him to state the nature of his absence and the remote location from which he is participating. He further advised that under the Board's by-laws, Vice-Chairman Rosie is eligible to participate remotely as he has not participated remotely up to six (6) meetings this year. Vice-Chairman Rosie advised that due to a personal matter he will be participating remotely from Pennsylvania. 1 Supervisor McCarty moved that Vice-Chairman Rosie be authorized to participate remotely in the meeting. The motion was adopted (4-0) with Supervisors Acree, Jefferson, McCarty, and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Vice-Chairman Rosie abstaining from voting on the motion. Vice-Chairman Rosie thereafter joined the meeting. APPROVAL OF AGENDA On motion of Supervisor McCarty, the agenda was adopted unanimously (5-0) as amended to add a discussion regarding an Isle of Wight County Audit Committee under New Business. The motion was adopted unanimously (5-0). 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: 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 regarding zoning violations and condemnation and eminent domain issues, where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7; a discussion regarding the acquisition of real property in the Windsor area, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3. 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 Supervisor McCarty and all voting in favor (5-0), the Board reconvened into an 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, 2 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, 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 3 INVOCATION Pastor James Jones delivered the invocation and led the Pledge of Allegiance. CITIZENS' COMMENTS In recognition of the numerous names signed up on the registration sheet regarding the FY2024-25 Operating and Capital Budget, Chairman Acree advised that the Board's bylaws state there shall be no comment during Citizens' Comments on a matter which has already been the subject of a previous public hearing where no final vote has been taken by the Board. He advised that a public hearing has already been held on the proposed budget which is under New Business of this agenda and there can be no more comments. Jill Vargus of Smith's Neck Road spoke on the importance of good communication between the Board and County residents. She encouraged the individual Board members to volunteer as a substitute teacher one day a month so they can get a feel for the care and dedication given to this County by educators. Herb DeGroft of Mill Swamp Road informed the Board that today is National Police Officers' Day. He referred citizens who came tonight to speak on the budget to the County's website for information on County matters. He spoke about the importance of citizens being involved in local government and concluded his comments with notification that Monday, May 27th is Memorial Day with a ceremony held at the Veterans Memorial on North Church Street in Smithfield. Carol Frost of Smithfield requested additional funding for deputies be put in the Sheriff's budget dedicated to patrolling the school zone on Route 10. Michael Jennings of District 5 spoke about the need to support first responders, schools and the police. He noted that Route 10 at the Kroger around 5:00 p.m. is a traffic nightmare. Chairman Acree requested County Administrator Keaton to pass along Mr. Jenning's concern with traffic on Route 10 to the Smithfield Town Manager. 4 CONSENT AGENDA Following an overview 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 FY2023-2024 Operating Budget and Appropriate Funding from the Virginia Tourism Corporation ($13,870) for Tourism Marketing B. Resolution to Adopt the Revised Isle of Wight County Emergency Operations Plan C. Minutes March 21, 2024 Regular Meeting Minutes April 4, 2024 Budget Work Session Minutes April 11, 2024 Budget Work Session Minutes April 18, 2024 Regular Meeting Minutes REGIONAL AND INTER-GOVERNMENTAL REPORTS Supervisor McCarty remarked that transportation plans for the region, to include the Hampton Roads Bridge tunnel project, were discussed at the most recent meeting of the Hampton Roads Transportation Planning Organization. Vice-Chairman Rosie advised that discussion regarding assistance to military personnel in the area with regard to childcare assistance and mental health services was discussed at the most recent meeting of the Hampton Roads Military Federal Facility Alliance. Chairman Acree relayed that unfunded mandates and associated impacts at the local level were discussed at the most recent Hampton Roads Planning District Commission meeting. 5 APPOINTMENTS Supervisor Jefferson moved to reappoint Barbara Davis to represent District 3 on the Social Services Board. The motion was adopted unanimously (5-0). Supervisor Jefferson moved to appoint Carey Storm to represent District 2 on the Commission on Adults with Disabilities. The motion was adopted unanimously (5- 0). Supervisor Rountree moved that William M. McCarty, Sr. be appointed to replace Toni Brown on the Western Tidewater Community Services Board. The motion was adopted unanimously (5-0). SPECIAL PRESENTATIONS Supervisor McCarty introduced the following Resolution for the Board's consideration which was adopted unanimously (5-0) on motion of Supervisor McCarty: RESOLUTION TO DESIGNATE THE WEEK OF MAY 19 - 25, 2024 AS EMERGENCY MEDICAL SERVICES WEEK WHEREAS, Emergency medical services (EMS) Week was originally authorized by President Gerald Ford on November 4, 1974; and, WHEREAS, emergency medical services (EMS) is a vital public service; and, WHEREAS, the members of EMS teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and, WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and, WHEREAS, EMS has grown to fill a gap by providing important, out of hospital care, including preventative medicine, follow-up care, and access to telemedicine; and, 6 WHEREAS, the EMS system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and, WHEREAS, the members of EMS teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognize the value and the accomplishments of EMS providers and hereby designate the week of May 19-25, 2024 as Emergency Medical Services Week. COUNTY ATTORNEY'S REPORT County Attorney Jones informed Supervisor McCarty, who had previously requested a review of the County's sign ordinance, that the Planning Commission has now reviewed it and recommends no change at this time. PUBLIC HEARINGS A. Application (ZA-4-23) of the Industrial Development Authority of Isle of Wight and Hollowell Holdings, LLC, Property Owners, and Meridian Property Purchaser, LLC, Applicant, for a Change in the Zoning District from Rural Agricultural Conservation to Conditional Limited Industrial for Approximately 154.3 Acres to allow Custom Manufacturing, Industry Type 1, Warehousing and Distribution, Industry Type II with a Conditional Use Permit, and Reconstructed Wetland. County Attorney Jones advised the Board that it could consider application (A) and (B) simultaneously; however, two separate votes are required. It was the consensus of the Board to consider application (A) and (B) simultaneously. Trenton Blowe, Planner II, provided an overview of the application which included a site description, project description, location map, conceptual plan and Department, Agency Review comments, Department and agency review and staff recommendations. Chairman Acree opened the public hearing. Tom Boylan, applicant, remarked that this project represents significant economic progress for the County and citizens will benefit from a multitude of jobs associated with the project. Further, the County will increase and diversify its tax base, all without impacting the school system and strain on educators that a mixed-use project on the site with residential would. Representatives of the Port of Virginia are in attendance in support of the project and the County will be supporting and benefiting from the growth. Doug Smith, President & CEO, Hampton Roads Alliance, noted that the cost to provide services to County residents increases each year and if the County is not growing, the level of services cannot be maintained without raising taxes to offset those costs. Billions of dollars have been invested by the Commonwealth of Virginia into the Port of Virginia and in order for the economy to grow, private investments outside of the Port of Virginia are needed to build upon public investments. An economic impact analysis has been developed by the Alliance which estimates the project would generate approximately $8,000,000 for the County between now and 2025. Steve Cook of the Hampton Roads Workforce Council commented that this project would generate a proposed 1,200 jobs and this additional workforce will support the local economy. Volpe Boykin of District 5 remarked that the County solicited Tidewater Logistics to build on property not zoned for and not in the Comprehensive Plan. He stated that while the proposed project is not located in the Windsor town limits, it does reach out to the Town's limits and the Windsor Town Council should have been involved in it from the beginning to the end. He continued that the Board should follow what is recommended by the Planning Commission. He referred to a booklet published by the County entitled "Local Roots for Global Reach" regarding projects in the County which already lists Tidewater Logistics in that booklet under 8 development and which was published prior to the Tidewater Logistics application going before the Planning Commission. He said reading that makes it appear that the decision was already made before citizens were able to make comments on it. Chris Gullickson of the Port of Virginia appeared in support of the proposed application. New business is being attracted daily to the Port of Virginia and the Port is undertaking a $1.4 billion capital improvement program to support new businesses. Historically low vacancy rates have been experienced over the last several years in the Hampton Roads region and the County sits in the heart of the Hampton Roads region along one of the most crucial corridors, Route 460. He concluded that Tidewater Logistics will enhance the continuity and movement of international freight into the domestic supply chain. Mike Abbott of Carrollton spoke to the projected population growth in the Comprehensive Plan of .8% and remarked that the County has been growing at 2% annually. He cautioned that relying on one major employer in the County is a recipe for disaster. Thomas McKea, Director of Client Support Services, Primero Staffing, remarked the County has great potential for economic growth and initiatives such as this project play a crucial role in expanding the economic base. He stated a project such as this can be a catalyst for other investment initiatives both in the supply chain and resulting from it. Glyn Willis of Windsor appeared and spoke in opposition to the proposed application stating this is the wrong project in the wrong place. He spoke about the importance of transparency. Dick Holland of Windsor spoke in opposition to the proposed project asking the Board to not attempt to correct another mistake and getting the County's money back from another bought property. He reminded the Board that the Town of Windsor does not pay a lot of taxes to the County; however, he would remind the Board that the Town of Windsor does not receive its fair share of the money either. Will Fedih, Senior Vice-President of the Virginia Maritime Association, remarked that several member companies are located in the County. He cited a study of William and Mary which states that one out of five jobs came from the maritime 9 sector in FY2022. As construction of the Route 460 commerce center is currently underway, major national brands have chosen the County to establish their operations. He concluded that a billion dollars has been invested into Virginia's supply chain and increased warehousing is necessary in close proximity to existing terminals. Geoff Poston of Zuni, a commercial real estate broker, remarked that growth of the Port will result in economic benefits that will be enjoyed by the County, jobs and tax revenue. Jennifer Boykin of District 5 and the Southern and Central Isle of Wight County Citizens group expressed opposition and asked that the application be denied due to anticipated traffic congestion in the Town of Windsor. Carita Richardson of Windsor remarked that who will be going into the warehouses is not known at this point and that many of the warehouses in the City of Suffolk remain empty. She noted that warehouses are good, but only in the right locations. She expressed concern that the applicant may have a connection to China. John Hollowell of Lancaster and property owner of Henry Saunder's home spoke in favor. He remarked that the long-term benefits to the County outweigh the opposition. He commented that this project will generate jobs and tax dollars for the County and the Town of Windsor. Following a ten-minute break, Chairman Acree called for the continuation of persons to speak in favor or in opposition to the proposed application. Walter Freeman of Windsor acknowledged those Board members who met with him recently to see for themselves how close this project is to the surrounding homes and how it will impact the lives of the surrounding property owners. He advised that if approved, he will be subjected to the noise generated by tractor trailers and equipment and lighting 24 hours a day. He stated it does not make sense that the County requires a 100-foot buffer from the road and even more for a solar facility and only a 20-foot buffer from an industrial complex next to a residential neighborhood. He asked the Board to follow the recommendation of the Planning Commission and the Town of Windsor and deny the application. 10 James Willis of Windsor spoke in opposition to the proposed application pointing out that a dog kennel requires a 50-foot setback while industrial requires only 20 feet. He remarked that if the developer was truly willing to move the project away from the residential neighborhood, the additional setback would be proffered or he would specify the dimensions of the base of the berm in the proffers. He remarked if the Board was planning to vote in favor of the application because the developer is willing to compromise, it should reconsider its vote and deny the application. Martin Sharp of Courthouse Highway expressed opposition stating that as a member of the Windsor Town Council he is representing the residents of the Town of Windsor who oppose this project. He pointed out that those in favor of this project do not live here. He advised that the closed session of the Windsor Town Council in 2022 consisted of only three of the current Town Council members. Two days ago, the Windsor Town Council vote of (5-0) with one abstention acknowledged that changes have been made to the project, but that the Council remains opposed to the project as it is being presented. Changes made do not adequately address the concerns of the surrounding neighborhood. Wade Bill of Windsor advised that the purchase of his home in 2022 was based on knowledge provided by County staff that the land behind his home was under contract with a farmer and that future use is mixed use. He stated that he has not heard a single County resident express their favor of the project unless they have a financial interest and gain from this project being approved. He asked that the Board follow the vote of the Planning Commission and deny the application. Bill Jenkins of Windsor expressed concern with the impact of traffic in the Town of Windsor. He emphasized the importance of trust between the citizens and the Board. Dick Grice of Smithfield remarked that 46% of the County's revenue comes from real estate and of that 80% of $37.1 million comes from residential real estate. 5.8% comes from commercial real estate, 5% from agricultural and 2% from apartments. This Board has pushed for years to get a better balance and now there is the chance to create the largest commercial tax revenue from this project in this County and a small number of homeowners are in opposition. For comparison's sake, if you use $350,000 as an average residential property value, the proposed 11 site will produce the equivalent tax revenue of 228 residential homes. On another note, is it equitable for Smithfield and Carrollton to provide 66.7%of the residential real estate dividends and aren't they subsidize everyone else's lifestyle in the County? Shortly tonight, this Board will be deliberating increasing the County's real estate tax by two cents to generate the $1.63 million needed to fund the County's tight budget. He concluded that over ten years ago the County purchased this property from the County's Industrial Development Authority which is located in the Windsor Development Service District and is intended to generate future tax revenue which will benefit everyone countywide. If the project is approved tonight, the sale money will be forthcoming to the County immediately and will generate over $2 million in profits. Mike Peterson of Windsor stated a six-foot berm and sound buffer will not address noise issues for him. He will personally be impacted by back-up noises and other noises 24 hours a day. He stated there are two historic cemeteries and a home listed on the National Historical Register. Approval of this application will open up Pandora's Box as there are no large industrial complexes on the north side of Route 460. He suggested waiting to see what happens with the warehouses the City of Suffolk is building on Route 58 before committing the County to something it cannot back out of. He stated this is about the people and he pointed out that this piece of land is the last green corridor coming off Lake Prince heading south through the County. He concluded expressing concern for wildlife and where they will go. Dawn Best of Chesapeake remarked that industrial development can have a powerful, positive and social impact on local economies. These projects create employment opportunities, stimulate economic growth and contribute to the overall growth and welfare of the communities. There will be additional revenue from taxes and Windsor will have a corporate partner and positive civic citizen. The proffers offered show that the applicant is willing to go above and beyond to work alongside this community and its residents. This project will create jobs, increase household medium incomes and foster innovation. It will contribute to the overall disparity of this community by providing goods and services that will meet the needs of many consumers. She concluded by stating that progress is impossible without change and those who cannot change their minds cannot change anything. 12 Max Vance of Smithfield remarked that industry is coming and he would rather work with the Meridian Group who has a reputation for working with communities than those companies who only wish to take from us. Alexandria Tkrosockis of Windsor remarked that she did not retire to look at a warehouse or to have her family decide that they do not want to live in Windsor. She stated something beautiful could be done with the land and the people who reside in the County do not want the proposed warehouses. She stated this project is wrong on so many different counts. She stated that residents of Windsor live in Windsor because they don't want to live in a place such as Virginia Beach. Tom Boylan, applicant, respectfully acknowledged the opinions voiced on the project and stated that Meridian will be a good community member and neighbor. Chairman Acree closed the public hearing. Kristi Sutphin, Director of Economic Development, responded to questions from the Board regarding incentives and setback requirements. Regarding a wetland issue, Mr. Boylan confirmed that the current parking area would be removed from the RPA and the building size reduced if the wetlands permit was not approved and the RPA exception request was not approved. Regarding the proposed berm, Mr. Boylan confirmed that the berm is proposed to be six feet with an enhanced landscaping plan on top of the berm. At full maturity, the trees would be at 25-30 feet and potentially higher. Regarding other items proffered, the applicant has proffered no more than 50 decimals at the property line, prohibited specific uses, maintained a Conditional Use Permit required for Industry Type II, and the sanitary commitment on Lovers Lane to install a sewer main and connect to the pump station that will be designed. It is subject to further design and input from the County and the Town of Windsor. Regarding recent or ongoing projects, Mr. Boylan advised that currently there is a warehouse under construction in Frederick County, a project ongoing in Charleston, South Carolina, a project in Henderson, North Carolina and mixed-use development in the Washington, DC area. Regarding his confidence if this proposed warehouse will be fully rented when eleven new warehouses in the City of Suffolk will be coming online next year, Mr. Boylan replied this is a major investment and he is confident that the location of this site will be fully rented. 13 Supervisor McCarty remarked that he could not support a project that the Board later is going to have to deal with RPA delineations after the fact. Mr. Boylan stated that the plans currently show that the RPA impact is conceptual in nature, however, if there is a need to remove the conceptual impact, that can be done. He offered to revise the building plan which now reflects encroachment into the RPA and the plan notes that the RPA impacts are shown as conceptual in nature and not approved and the applicable governing body would approve those in order for them to build in the RPA. He stated that there is an existing plan to remove the building from the RPA and he could commit tonight not to impact the RPA area and/or revise the proffers to ensure that they are not conceptually shown. County Attorney Jones opined that once proffers are accepted, the only way to amend them is through a public hearing unless the amendment does not change the use or density of the project. County Administrator Keaton and Director of Economic Development, Kristi Sutphin, provided background information on the publicly owned parcel. Supervisor Jefferson moved to table action on the following Tidewater Logistics applications to the Board's June meeting to allow time for further input from the developer and to allow for concerns to be addressed: A. Application (ZA-4-23) of the Industrial Development Authority of Isle of Wight and Hollowell Holdings, LLC, Property Owners, and Meridian Property Purchaser, LLC, Applicant, for a Change in the Zoning District from Rural Agricultural Conservation to Conditional Limited Industrial for Approximately 154.3 Acres to allow Custom Manufacturing, Industry Type 1, Warehousing and Distribution, Industry Type II with a Conditional Use Permit, and Reconstructed Wetland. B. Application (LUP-1-23) of the Industrial Development Authority of Isle of Wight and Hollowell Holdings, LLC, Property Owners, and Meridian Property Purchaser, LLC, Applicant, for a Comprehensive Plan Amendment for 154.3 acres of Property to Amend the Comprehensive Plan Future Recommended Land Use Map Designation from Mixed Use to Planned Industrial. 14 // The Board took a break and upon returning, Chairman Acree called for consideration of the following: C. Application of NVR, Inc., Applicant, and Henry Layden, Special Trustee for the William Grover Yeoman, Ill Trust, Property Owner,for a Conditional Rezoning (ZA-06-19) Approximately 250 Acres of Property Located on Benns Grant Boulevard (Route 10) from the Rural agricultural Conservation (RAC) Zoning District to the Conditional — Planned Development — Mixed Use (C-PD-MX) Zoning District. Amy Ring, Director of Community Development, provided background information on the above application, including strengths and weaknesses of the application and the Planning Commission's and staff's recommendations. Chairman Acree opened the public hearing. Adam Edbauer, NVR, formally introduced Attorney Tim Trant, Kaufman & Canoles, who reviewed the design objectives of the project, its Master Plan, transportation improvements, changes since the Planning Commission, and• benefits to the community. Cheryl Johnson of Carrollton expressed concern with the density of the project and traffic impacts to Brewer's Neck, Nike Park, Smith's Neck and Highway 10. Sara Robinson of Carrollton spoke about Ryan Homes' consumer rating of 1.4, concern with the 2,000 trips a day, the number of homes being built. Diana Beale of Carrsville remarked that she has seen the County struggle with growth in the past, however, she would rather see planned growth. She asked, on behalf of the trust, that the Board approve this project. // 15 Noting the time to be nearing 11:00 p.m., Supervisor McCarty moved that the meeting time be extended past 11:00 p.m. The motion was unanimously adopted. // David Berrien of Smithfield expressed concern with failing infrastructure. He stated he is not against growth,just in favor of taking care of what the County already has. Robert Thornton of Virginia Beach, a professional real estate broker who marketed this property, thanked staff for their outstanding work on this project and requested its approval. Henry Layden of Smithfield requested the Board to approve the application. Carol Frost of Benns Grant highly recommended Ryan Homes noting that more people deserve to have an affordable home. Chairman Acree closed the public hearing. Attorney Trant clarified that the traffic study done did include growth factors for background traffic and the school capacity analysis had accounted for additional projects under construction. The applicant was requested to address the customer rating of 4.1 who responded that Ryan Homes now has a 9.7 customer rating. No home is perfect, but his experience is that every homeowners' concern is addressed. Further questions were posed regarding the proffers for schools, the applicant advised that there are seven students proposed at the middle school level would be excess of the current capacity taking into consideration all the projects that are under construction. Supervisor Rosie remarked that he is leaning on the recommendations of the Planning Commission as he is unsure at this point in time. Supervisor Jefferson recalled that he has never seen more than three cars exiting from Benns Grant and he wonders if there is really will be any impact 16 Supervisor Rountree posed questions regarding the timeline for the formation of an HOA and when will the amenities be built. Chairman Acree expressed concern with traffic and the widths on the roads in Benns Grant Supervisor Rountree moved that the application be approved as presented. The motion was adopted (3-2) with Supervisors Rountree,Jefferson and McCarty voting in favor of the motion and Chairman Acree and Vice-Chairman Rosie voting against the motion. D. Sale of County Property Located at 107 Obrey Drive, Carrollton County Attorney Jones provided background information on the property acquired by the County in 1995 and located at 107 Obrey Drive in Carrollton. The lot owner of 105 Obrey would like to purchase the lot at its assessed value of $2,500. Chairman Acree opened the public hearing. Ms. Alex Collins of 105 Obrey Drive requested approval to acquire the property owned by the County at an assessed value of $2,500 for the purpose of possibly locating a shed in that area and cleaning the lot up. Chairman Acree closed the public hearing. Chairman Acree moved to authorize the execution of all appropriate documents necessary to transfer said property. The motion was adopted unanimously (5-0). E. Resolution, of the Board of Supervisors of Isle of Wight County to Approve Priorities for the Virginia Department of Transportation's Secondary Six-Year Improvement Program for FY2025 Through FY2030. Chairman Acree remarked that he would like to speak to Ms. Oliver, Transportation Administrator, following the public hearing on an earlier request to trim back the bushes and trees at the intersection of Benns Grant and Route 32. Ms. Oliver offered to relay the Chairman's concern to the VDOT Resident Engineer. 17 Following an overview by Ms. Oliver of the Secondary Six-Year Improvement Program, Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Program. Charles Bryan of Smithfield disclosed that he serves on the Town of Smithfield Planning Commission. He expressed his concern with an article printed in The Smithfield Times which stated that Carrollton Boulevard is quickly being turned into a Mercury Boulevard at Benns Church Boulevard. He stated that VDOT's earliest priority is to provide innovative technology and cameras to advise motorists of the status of traffic along Route 17 during rush hours. He remarked that the article advises that VDOT's last priority is a third southbound lane from the James River Bridge to Smiths Neck Road and proposed for the year 2033 which should be VDOT's first priority now and should be extended to Brewers Neck intersection. He asked the Board to press VDOT to provide the County with a better traffic solution. Chairman Acree closed the public hearing. Ms. Oliver confirmed that what the Board is voting on tonight does not impact Route 17; however, the VDOT plan that does contain those Route 17 priorities, comments regarding the State Six-Year Plan can be made to VDOT up through May 20th on the State's website. Placement of this information on the County's website was recommended. On motion of Supervisor McCarty, the following Resolution was unanimously (5-0) adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION'S ECONDARY SIX-YEAR IMPROVEMENT PROGRAM FOR FY 2025 THROUGH FY 2030 WHEREAS, Sections 33.2-331 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six-Year Improvement Program (SSYIP); and, WHEREAS, this Board has held a public hearing on the proposed Plan (FY 2025-FY 2030), in accordance with VDOT policies and procedures, on May 16, 2024 and all 18 citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program; and, WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY 2025-FY 2030). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight Virginia that the Secondary Six-Year Improvement Program for FY 2025-2030 is hereby approved, as presented at the public hearing. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts for projects as necessary to proceed with the Program as approved. Responsive to Chairman Acree, Paul Matticks, VDOT Resident Engineer, advised that following the conclusion of work being done on a drainage project in Courtland and finishing of some concrete work, VDOT will be moving to Benns Church in probably June. Chairman Acree referred to the well-maintained curb and gutter in Williamsburg and asked that the same attention be given to curb and gutter in the County. Supervisor McCarty asked that markers be installed where Channel Way turns into Whippingham Parkway to warn motorists of the upcoming curb. He further recommended a speed limit lower than 55 mph. Finally, he expressed concern with pass-through traffic in the Carisbrooke neighborhood and asked if action can be taken by VDOT to monitor this pass-through traffic? Supervisor Rountree requested the status of the limited access road at Fairway Drive going into Cypress Creek. She was advised that VDOT has installed stronger fencing, but the area remains hard for police to supervise. 19 Supervisor Jefferson informed the Resident Engineer that Fort Huger Road and drainage along Route 10 needs attention. He advised that State signs on Route 10 between Gravel Hill Baptist Church and Burwells Bay Road need replacement. COUNTY ADMINISTRATOR'S REPORT The Board was apprised of the recent submittal of the VACo Achievement Award Application for the Isle of Wight RISE Program which is a therapeutic recreation day program under the Department of Parks & Recreation and intended to promote socialization and independent living skills and provide opportunities for participating in recreation activities for people with disabilities. Matters for the Board's information was highlighted by County Administrator Keaton, as follows: Cash Position — March 2024; Statement of Treasurer's Activity — March 2024; Incidents by Zone Map — April 2024; Incidents by Zone Data —April 2024; Station Activity Report—April 2024; and, Museum Report—April 2024. NEW BUSINESS County Administrator Keaton went over a revised Operating and Capital Budget for Fiscal Year 2024-25 distributed to the Board for its consideration by the Director of Budget & Finance prior to the meeting. Following questions regarding if the County charges a no-transport fee for false EMS calls; if a life-time pet fee is now available; if the fee for a concealed weapon permit was reduced; and, if the unfunded mandate for the three court deputies as requested by the Judge and the hiring of one additional full-time position for the Treasurer's office by January 1, 2025 had taken place. Supervisor McCarty moved to adopt the following Ordinance Approving the County Operating and Capital Budget and Appropriating Funds for Expenditures Contemplated During the Fiscal Year Beginning July 1, 2024 and Ending June 30, 2025, and Regulating the Payment of Money Out of the County Treasury with an amendment that the schools will be changed from categorical funding to a lump sum appropriation: 20 AN ORDINANCE APPROVING THE COUNTY OPERATING AND CAPITAL BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING JULY 1, 2024 AND ENDING JUNE 30, 2025, AND REGULATING THE PAYMENT OF MONEY OUT OF THE COUNTY TREASURY BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, to-wit: Section 1: Except as provided in Section 2 of this Ordinance, the County of Isle of Wight, Virginia, Proposed Annual Operating and Capital Budget, Fiscal Year 2024- 2025 dated April 1, 2024, along with the associated Uniform Fee Schedule attached hereto as Exhibit A (hereinafter referred to as the "County Budget"), and submitted by the County Administrator, as amended by the Isle of Wight County Board of Supervisors, is approved as the County Budget for the fiscal year beginning July 1, 2024, and ending June 30, 2025. Section 2: The County Budget shall be subject to transfers authorized by law and to such further amendments by ordinance, pursuant to Section 15.2-2507 of the Code of Virginia (1950, as amended), as the Board of Supervisors may deem appropriate. Section 3: The amount named in the County Budget, as amended, for County operations for the fiscal year beginning July 1, 2024, and ending June 30, 2025, in the following fund amounts are hereby appropriated from the revenues of the County for use by the various funds of the County Government referenced in said budget for the said fiscal year. Any appropriation to a specific fund but identified as a revenue source in another fund is specifically designated and restricted for accounting and transfer purposes only and not for any other expenditure from the source fund. Fund 2024-2025 General Fund $ Debt Service Fund 107,621,893 945,608 Governmental Capital Projects Fund 10,303,100 Grants Fund 574,522 21 E911 Fund 3,102,360 County Fair Fund 517,950 Social Services Fund 5,341,330 Children's Services Act Fund 577,440 Technology Services Fund 1,811,759 Risk Management Fund 958,498 Public Utility Fund 12,510,702 Public Utility Capital Fund 3,250,000 Stormwater Fund 1,492,367 Stormwater Capital Fund 500,000 Section 4: Except as it may be amended from time to time in accordance with applicable law by the Isle of Wight County Board of Supervisors, at the request of the Isle of Wight County School Board, the Isle of Wight County School Operating and Capital Budget, Fiscal Year 2024-2025, dated March 22, 2024, and submitted to the Isle of Wight County Administrator by the School Superintendent for consideration by the Isle of Wight County Board of Supervisors, is approved, as amended, as the annual budget for educational purposes for the Fiscal Year beginning July 1, 2024 and ending June 30, 2025. Section 5: Pursuant to Section 22.1-94 of the Code of Virginia, the following appropriation is hereby made for Isle of Wight County Public Schools ("Public Schools") for the fiscal year beginning July 1, 2024, and ending June 30, 2025: Total Funds Budgeted $95,980,636 Section 6: All payments from funds shall be made in accordance with general law and applicable ordinances and resolutions of the County, except as otherwise specifically provided herein; provided, however, that payments from the funds appropriated for the support, maintenance and operation of the Public Schools of the County shall be made by the County Treasurer upon warrants drawn by the proper officer or officers of the School Board of the County; and provided further that payments from the funds appropriated for expenditures of the Department of Social Services shall be made by the County Treasurer upon presentation of warrants drawn by the Social Services Director and approved by the Isle of Wight County Board of Social Services. 22 Section 7: The Board of Supervisors hereby authorizes the issuance and sale of the County's revenue anticipation note or notes (the "Note" or "Notes"), pursuant to Section 15.2-2629 of the Code of Virginia (1950, as amended) (the "Virginia Code"), in the aggregate principal amount of up to $25,000,000 in anticipation of the collection of the taxes and revenues of the County for the fiscal year ending June 30, 2025. If either the County Administrator or County Treasurer deems that the cash flow needs and the financial condition of the County warrant the issuance of a Note or Notes, the County Administrator or the County Treasurer (each hereinafter referred to as the "County Representative") is authorized and directed to accept a proposal or proposals for the purchase of the Note or Notes and to approve the terms of the Note or Notes, provided that the aggregate principal amount of the Notes shall not exceed $25,000,000, none of the Notes shall mature later than June 30, 2025, and no interest rate on any of the Notes shall exceed 7%. The County Representative and the Clerk of the Board of Supervisors (the "Clerk") are hereby authorized and directed to execute an appropriate negotiable Note or Notes and to affix the seal of the County thereto and such County Representative is authorized and directed to deliver the Note or Notes to the purchaser thereof. The County Representative, and such officers and agents of the County as the County Representative may designate, are hereby authorized and directed to take such further action as they deem necessary regarding the issuance and sale of the Note or Notes and all actions taken by such officers and agents in connection with the issuance and sale of the Note or Notes are ratified and confirmed. Section 8: The Board of Supervisors hereby authorizes the lease financing of various County vehicles and equipment essential to the performance of governmental functions as provided for in the adopted Fiscal Year 2024-2025 County Budget. The funds made available under the lease will be deposited with a banking institution pursuant to an Escrow Agreement following procurement of a financial institution in accordance with the Virginia Public Procurement Act. The County Administrator is authorized to execute the lease agreement and financing documents on behalf of the County and the County Clerk shall affix the official seal of the County to the Financing Documents and attest the same. Section 9: The amounts appropriated by this Ordinance shall be expended for the purpose of operating the County government during the 2024-2025 Fiscal Year; and, with the exception of the items the payment of which is fixed by law, shall be expended in such proportions as may be authorized by the County Administrator from time to time. 23 Section 10: All outstanding encumbrances, by contract or fully executed purchase order, as of June 30, 2024, shall be offset by an equal amount of assigned Fund Balance for expenditure in the subsequent fiscal year; provided, however, that if performance of a contract or purchase order has been substantially completed, an expenditure and estimated liability shall be recorded in lieu of an encumbrance. All restricted or assigned fund balance project or program balances standing on the books of the County at the close of business for the fiscal year ending June 30, 2024 in the amount of $50,000,000 or less that have not been expended or lawfully obligated or encumbered are hereby reappropriated to be used to fund the purposes, programs, or projects for which the funds were appropriated. Section 11: Notwithstanding the provisions of Section 10, all funds appropriated for Public Schools which are unexpended at year-end shall revert back to the County's General Fund pursuant to Section 22.1-100 of the Code of Virginia. Section 12: The payment and settlement, made during the 2024-2025 Fiscal Year, of any claim of any kind against the County; and final judgments, with interest and costs, obtained against the County during the 2023-2024 Fiscal Year, shall be paid upon the certification of the County Attorney and the order of the County Administrator from funds appropriated to the Risk Management Fund; or from the funds appropriated for the expenditures of the Fund involved in the subject matter of the claim or judgment; or from the General Fund; as the County Administrator shall find necessary. Section 13: Except as otherwise specifically required by law or approved by the Board of Supervisors by resolution, any salary or wage expenditure, and any expenditure of any kind or description having the effect of a salary or wage payment, shall be made only for a position, the description of which is identified in the County Pay and Compensation Plan or which has received prior approval of the Board of Supervisors. Any other expenditure shall be calculated to result in total expenditures within the plan stated in a specific County Budget account, except that transfers of unexpended and unencumbered balances or portions thereof, initiated by a department director and approved by the County Administrator, are permitted between accounts. 24 Section 14: The County Administrator is authorized and directed to do all lawful things necessary to implement and administer the County Budget for Fiscal Year 2024-2025. Section 15: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance, to the extent of such conflict, are repealed. Section 16: This Ordinance shall be in effect on and after July 1, 2024, and it shall not be published. The motion was adopted unanimously (5-0). // Supervisor McCarty moved that the following Resolution to Adopt the FY2024-2034 Capital Improvements Program be adopted: RESOLUTION TO ADOPT THE FY 2025-2034 CAPITAL IMPROVEMENTS PROGRAM WHEREAS, for planning purposes, capital improvement projects have been identified and listed for consideration along with their respective costs in the FY2025-2034 Capital Improvements Program; and, WHEREAS, the Board of Supervisors deems it appropriate to adopt a capital improvements program in accordance with the Code of Virginia. NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia adopts the FY2025-2034 Capital Improvements Program. The motion was adopted unanimously (5-0). // Supervisor McCarty moved that the following Resolution to Approve the Position Classification and Compensation Plan for Fiscal Year 2024-2025 be adopted as presented: 25 RESOLUTION TO APPROVE THE POSITION CLASSIFICATION AND COMPENSATION PLAN FOR FISCAL YEAR 2024-2025 WHEREAS, the Board of Supervisors has approved the FY 2024-2025 Annual Operating Budget; and, WHEREAS, in accordance with County Policy (Chapter 1: Personnel, Article II, Position Classification Plan and Article III, Compensation Plan), the Position Classification and Compensation Plan containing the Salary Schedule and Schematic List of Classes assigned to Salary Grades has been prepared as referenced in the attached exhibit in accordance with the Approved FY 2024-2025 Annual Operating Budget. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the FY 2024-2025 Position Classification and Compensation Plan is adopted and shall remain in effect until amended by the Board. The motion was adopted unanimously (5-0). // Tax Rate Ordinance for FY2024-25 Supervisor Rountree moved that the following Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for Fiscal Year July 1, 2024 through June 30, 2025 be adopted with an increase in the real estate tax to $.73 per $100: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to-wit: Section 1: That there is hereby levied for the fiscal year beginning July 1, 2024, a tax of$0.73 per one hundred dollars of assessed valuation on all taxable real estate, 26 and all real and personal property of public service corporations in accordance with Section 58.1-2606 of the Code of Virginia (1950, as amended). Section 2: That there is hereby levied for the fiscal year beginning July 1, 2024, a tax of$1.95 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1-3507 of the Code of Virginia (1950, as amended). Section 3: That there is hereby levied for the fiscal year beginning July 1, 2024, a tax of$1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 58.1-3606 of the Code of Virginia (1950, as amended). Section 4: That there is hereby levied for the fiscal year beginning July 1, 2024, a tax of$0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used for recreational purposes only. Section 5: That there is hereby levied for the fiscal year beginning July 1, 2024, a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1-2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board be furnished to the Treasurer of this County. The motion was unanimously (5-0) adopted. 27 Supervisor Rountree moved that the following Ordinance to Amend Chapter 15.- Taxation of the Isle of Wight County Code be adopted: ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 15, ARTICLE XI TAX ON PREPARED FOOD AND BEVERAGES WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it necessary and appropriate to update its current ordinances in order to more clearly set forth local ordinances for the benefit of the public, in order to accurately reflect current practices, to correct inaccuracies, and to conform to those provisions set forth in the Code of Virginia (1950, as amended). NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 15.-Taxation of the Isle of Wight County Code be amended and reenacted as follows: Sec. 15-101. Levy of tax; amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food served, sold or delivered for human consumption in the county in or from a restaurant, whether prepared in such restaurant or not, or prepared by a caterer. The rate of this tax shall be six percent of the amount paid for such food. In the computation of this tax, any fraction of$0.005 or more shall be treated as one cent. (5-17-18; 5-9-24.) This Ordinance shall be effective July 1, 2024. Supervisor McCarty notified the Board that he would be introducing discussion on the creation of an Isle of Wight Audit Committee at the Board's June 6, 2024 meeting. He continued that this Audit Committee established by the Board to carry out its oversight responsibilities by reviewing financial information provided in the County's Comprehensive Annual Financial Report, by reviewing any material weaknesses in the County's system of internal accounting controls, as reported by the external auditor, by reviewing the annual audit process and its results, and by 28 providing advice to the Board regarding the exposure of this County government to risk, such as financial, operational, and reputational risks. ADJOURNMENT At 12:45 p.m., the meeting was declared adjourned. Joel C. Acree, hairm CONK,1146 51611/1 Carey MIlls Stlirm, Clerk 29