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06-13-2024 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 THIRTEENTH DAY OF JUNE 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 Jefferson moved that the agenda be approved as presented. The motion passed unanimously (5-0) with Supervisors Acree, Rosie, McCarty,Jefferson and Rountree voting in favor of the motion and no Supervisor voting against the motion. CLOSED MEETING Pursuant to Section 2.2-3711(A) of the Code of Virginia, Supervisor Rosie moved that the Board enter a closed session 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, as well a discussion regarding the compensation of the County Administrator, County Attorney, and Clerk and the County's Constitutional Officers, pursuant to subsection 1. The motion passed 1 unanimously with Supervisors Acree, Jefferson, Rosie, McCarty and Rountree voting in favor of the motion and no Supervisors voting against the motion. At 6:00 p.m., upon motion of Supervisor McCarty 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 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 2 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Assistant County Administrator Robertson delivered the invocation and led the Pledge of Allegiance to the American Flag. CITIZENS' COMMENTS Rob Wilson of Strawberry Plains Road in District 5 requested a reduction in the speed limit to 45 mph on Broadwater Road from Strawberry Plains Road to Beale Place Road. He further requested that the State Police be contacted and advised about ongoing speeding, tailgating and illegal passing on Broadwater Road. CONSENT AGENDA Following an overview by County Administrator Keaton, on motion of Supervisor McCarty, the following Consent Agenda was adopted unanimously (5-0) with the removal of Item (D.) Facility Use Agreement between Isle of Wight County School Board and the Isle of Wight County Board of Supervisors to allow for the inclusion of the Hardy Elementary School cafeteria. Said Agreement is to be placed back on the Board's July 11, 2024 agenda once revised: A. Resolution to Amend the FY2023-2024 Budget and Appropriate Funding for Children's Services Act ($77,000) B. Resolution to Amend the FY2023-24 Budget and Appropriate Funds from the Safe Streets for All Grant Program ($214,000) C. Resolution to Amend the FY2023-24 General Fund Operating Budget and Appropriate Technology Trust Funds to Automate Land Records and Provide Secure Remote Access to Land Records ($35,600) 3 D. Resolution Approving the County's Participation in the Proposed Settlement of Opioid-related Claims Against Kroger and their Related Corporate Entities, and Directing the County Attorney and/or the County's Outside Counsel to Execute the Documents Necessary to Effectuate the County's Participation in the Settlements E. Employment Agreement (Clerk to the Board of Supervisors) REGIONAL AND INTER-GOVERNMENTAL REPORTS County Administrator Keaton reported that at the most recent meeting of the Southeastern Public Service Authority, bids were received and accepted on the flyover project and, currently, the Southeastern Public Service Authority is waiting on the Virginia Department of Transportation's final approval. APPOINTMENTS Supervisor Rountree moved to appoint Kathy Lippard to serve on the Blackwater Regional Library Board representing District 1. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, Rountree and McCarty voting in favor of the motion and no Supervisor voting against the motion. Supervisor McCarty moved to appoint Fred Mitchell to serve on the Commission on Adults with Disabilities representing District 2. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, Rountree and McCarty voting in favor of the motion and no Supervisor voting against the motion. Supervisor Jefferson moved to appoint Michael Uzzel to serve on the Commission on Adults with Disabilities representing District 3. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, Rountree and McCarty voting in favor of the motion and no Supervisor voting against the motion. COUNTY ATTORNEY'S REPORT County Attorney Jones advised that the elevator providing access to the Robert C. Claud, Sr. Board Room has been repaired and is now available for use during Board 4 meetings. In that regard, he would recommend that the Board adopt a resolution effectuating the move back into the Robert C. Claud, Sr. Board Room from the Young-Laine Courts Building effective with the Board's meeting of July 11, 2024. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA TO CHANGE ITS MEETING LOCATION AS ADOPTED BY THE BOARD AT ITS d ORGANIZATIONAL MEETING OF JANUARY 4, 2024 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, held its organizational meeting on January 4, 2023, in the Robert C. Claud, Sr. Board Room located at 17130 Monument Circle, Isle of Wight, Virginia and adopted its 2024 meeting schedule; and, WHEREAS, the Board of Supervisors, at its meeting held on March 7, 2024, made it known that beginning March 21, 2024, they desired to change the meeting place of their meeting from the Robert C. Claud, Sr. Board Room to the Isle of Wight County General District Court, located at 17000 Josiah Parker Circle, Isle of Wight, Virginia in order to provide access accommodations due to a broken elevator; and WHEREAS, the elevator has been repaired and it is in working order. NOW, THEREFORE, BE IT RESOLVED that beginning July 11, 2024 and continuing until such time as amended by the Board of Supervisors, the meeting location of the meetings of the Board of Supervisors shall be the Robert C. Claud, Sr. Board Room located at 17130 Monument Circle, Isle of Wight, Virginia, and, as is required by the Board's By-laws and §15.2-1416 of the Code of Virginia, that this resolution moving the meeting location be posted on the door of the initial public meeting place and inserted in a newspaper having general circulation in the County at least seven days prior to the first such meeting. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, Rountree and McCarty voting in favor of the motion and no Supervisor voting against the motion. 5 PUBLIC HEARING Application of Curtis D. Lytle and Brandy W. Lytle, Property Owners, for a Change in Zoning Classification from Rural Agricultural Conservation to Conditional Rural Residential for Approximately 5.3 Acres Located at 5114 West Blackwater Road (Route 603) to Create Four Single-Family Residential Lots. County Attorney Jones advised that the applicant has withdrawn his application from this and all future agendas. COUNTY ADMINISTRATOR'S REPORT Assistant County Administrator Robertson requested direction from the Board regarding update of its Strategic Plan. Responsive to the consensus of the Board that redrafting of its Strategic Plan be discussed at a future retreat in the early upcoming fall with the goal of guiding future expenditures, staff offered to return with suggested dates for a such retreat in early October. Included in the agenda for the Board's information was up-to-date information on the following matters: Incidents by Zone Map —May 2024; Incidents by Zone Data —May 2024; Station Activity Report—May 2024; and, Museum Report—May 2024. UNFINISHED/OLD BUSINESS Caleb Kitchen, Planner I, Department of Community Development, provided background information on the following application: Application of Moonlight Solar, LLC (CUP-10-23), Applicant, and George Benjamin Edwards, Jeanette J. Edwards, George W. Edwards, LeAnn Ricks Edwards 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 in Moonlight Road (Route 627) and Burwell's 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. 6 Following questions from the Board regarding the ease or difficulty in enforcing zoning violations, safety factors, and inconsistency with the Comprehensive Plan, Supervisor Rosie moved that the application be denied. The motion was adopted (4-0) with Supervisors Acree, Rosie, Jefferson and McCarty voting in favor of the motion; Supervisor Rountree voting "Present"; and, no Supervisor voting against the motion. Because the above project was denied by the Board, there was no need to consider the Moonlight Solar Energy Generation Siting Agreement and the matter was withdrawn from the agenda. Trenton Blowe, Planner II, Department of Community Development, provided background information on the following 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. Following questions on what was changed by the applicant at the request of citizens, Chairman Acree moved that the application be denied. The motion was adopted (4-1) with Supervisors Acree, Rosie, Rountree and McCarty voting in favor of the motion and Supervisor Jefferson voting against the motion. 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. Chairman Acree moved that the application be denied. The motion was adopted (4-1) with Supervisors Acree, Rosie, Rountree and McCarty voting in favor of the motion and Supervisor Jefferson voting against the motion. NEW BUSINESS Application (EXC-2-24) of James River Crossings, Inc. for a Sign Exception to Allow One Sign on Each Side of Spadea Way at its Intersection with Carrollton Boulevard (Route 17). Supervisor McCarty moved that the application be approved. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, Rountree and McCarty voting in favor of the motion and no Supervisor voting against the motion. Sandy Robinson, Community Development, presented the application (MISC-2-24) of James River Crossings, Inc. for an amendment to an approved master signage plan pursuant to Article IX Section 9-1006.D of the Zoning Ordinance for the property at the intersection of Spadea Way and Carrollton Boulevard. There being no discussion, Supervisor McCarty moved that the application be approved. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, Rountree and McCarty voting in favor of the motion and no Supervisor voting against the motion. Ms. Robinson presented the application (EXC-4-24) of Riverside Health System Smithfield Hospital for a sign exception for certain signs as shown on the coordinated signage scheme plan to be located at Riverside Hospital located at 19339 Benns Grant Boulevard. Supervisor Jefferson moved that the application be approved. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, Rountree and McCarty voting in favor of the motion and no Supervisor voting against the motion. 8 Ms. Robinson represented the following application. Application (MISC-4-24) of Riverside HealthCare Association, Inc., Owner, for a Master Sign Plan Pursuant to Article IX Section 9-1006D of the Zoning Ordinance for the Property at 19375 Benns Grant Boulevard, Smithfield. Russell Parish, Project Manager, Riverside Hospital, appeared and responded to questions. Supervisor Jefferson moved that the application be approved. The motion was adopted unanimously (5-0) with Supervisors Acree, Rosie, Jefferson, Rountree and McCarty voting in favor of the motion and no Supervisor voting against the motion. ADJOURNMENT At 8:30 p.m., the meeting was declared adjourned. Joel C. Acree, Chair JAI 1416 51-e9vrt Carey ills Storm, Clerk 9