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07-11-2024 Regular Meeting MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA ON THURSDAY, THE ELEVENTH DAY OF JULY 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 William M. McCarty, Sr., District 2 Renee Rountree, District 1 BOARD MEMBERS ABSENT Rudolph Jefferson, District 3 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. Supervisor McCarty advised that he would be participating remotely from Indianapolis, Indiana due to a personal matter. Supervisor Rosie moved that Supervisor McCarty be authorized to participate remotely in the meeting. The motion was adopted (3-0) with Supervisors Acree, Rosie and Rountree voting in favor of the motion; Supervisor Jefferson absent from the meeting; no Supervisor voting against the motion; and, Supervisor McCarty abstaining from voting on the motion. 1 APPROVAL OF AGENDA On motion of Supervisor Rountree, the agenda was amended to include an update from Captain Bryan, Sheriff's Office, and was unanimously (4-0) adopted with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisor Jefferson absent from the meeting. CLOSED MEETING Pursuant to Section 2.2-3711(A) of the Code of Virginia, Supervisor Rosie 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, as well a discussion regarding the compensation of the Clerk, pursuant to subsection 1; a discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. pursuant to subsections 5.; and, consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, relating to Board governance and procedure pursuant to subsection 8. The motion passed unanimously (4-0) with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion; Supervisor Jefferson absent from the meeting; and, no Supervisors voting against the motion. Upon motion of Chairman Acree and all voting in favor (4-0), 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. 2 Upon motion of Chairman Acree and all voting in favor (4-0), 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, McCarty, Rountree NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Jefferson INVOCATION Bill Yoakum delivered the invocation and led the Pledge of Allegiance to the American Flag. 3 CITIZENS' COMMENTS Glyn Willis of Lovers Lane in Windsor distributed copies of information pertaining to impacts related to setback requirements in the County's Zoning Ordinance. CONSENT AGENDA Following an overview by County Administrator Keaton of the Consent Agenda, Supervisor Rosie moved to adopt the following Resolution to Designate the Month of July as Fragile X Syndrome Awareness Month which was unanimously (4-0) adopted with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisor Jefferson absent from the meeting: RESOLUTION TO DESIGNATE THE MONTH OF JULY AS FRAGILE X SYNDROME AWARENESS MONTH WHEREAS, Fragile X Syndrome (FXS) is a genetic condition that causes intellectual disability, behavioral and learning challenges, and various physical characteristics; and, WHEREAS, FXS occurs in males (1 in 7,000) more frequently than in females (1 in 11,000)and generally with greater severity, but FXS does not appear to impact life expectancy; and, WHEREAS, the signs of FXS includes developmental delays, learning disabilities, and social and behavioral problems; and, WHEREAS, there is no cure for FXS; however, treatment services and therapy can control and/or improve some of the issues. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognize and designate the month of July as Fragile X Syndrome Awareness Month. 4 Supervisor Rountree followed with a motion to adopt the remainder of the following Consent Agenda: A. Resolution to Amend the FY2024-2025 Operating Budget and Appropriate Funding From Virginia Tourism Corporation ($11,700) B. Resolution to Amend the FY2024-2025 Operating Budget and Appropriate Opioid Settlement Funds ($40,000) C. Facility Use Agreement Between Isle of Wight County School Board and the Isle of Wight County Board of Supervisors D. Minutes - May 16, 2024 Regular Meeting Minutes - May 29, 2024 Special Called Meeting Minutes - June 6, 2024 Work Session Minutes The motion was unanimously(4-0) adopted with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisor Jefferson absent from the meeting. REGIONAL AND INTER-GOVERNMENTAL REPORTS No reports were offered. APPOINTMENTS No appointments were offered. SPECIAL PRESENTATIONS Captain Ron Bryan addressed the Board concerning a July 2nd incident involving the radio system. He began with on July 4th, the CAD system was affected following upgrades by the IT Department and that on July 9th, an issue with phone static was identified which is being monitored by AT&T. 5 Following Chairman Acree's request for an explanation regarding why Motorola had not contacted the County to advise that the site was down, Supervisor Rountree moved that the Board receive a follow-up report on the incidents which occurred in the month of July from Captain Bryan at its August 15th regular meeting. The motion was adopted unanimously (4-0) with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisor Jefferson absent from the meeting. // Garry Windley, Chief of Fire Rescue, provided an overview of new pharmacy regulations resulting from the adoption of the Drug Quality and Security Act. County Administrator Keaton advised that he will be bringing back a budget amendment at a later date to fund an additional full-time person to track narcotics. COUNTY ATTORNEY'S REPORT It was the consensus of the Board, that the County Attorney be authorized to advertise the Beaver Dam Precinct being moved from its current location at the VFW Post to the Carrsville Community Center at 5336 Carrsville Highway at its August 1, 2024 work session. PUBLIC HEARINGS County Attorney Jones explained that the (CUP-8-23) application of Sycamore Cross Solar, LLC, the (CUP-5-24) of Sycamore Cross Solar, LLC, and the Sycamore Cross Solar Energy Generation Facility Siting Agreement for public hearing would normally be one application as the applicant is the same; however, because the properties are not contiguous, they are required to be submitted as two applications in addition to the siting agreement. He advised that three separate votes on the applications and siting agreement would be required. Amy Ring, Director of Community Development, provided an overview of the Sycamore Cross (A) application and site description, followed by the criteria for Conditional Use Permits consideration; additional considerations for the Board; 6 staff analysis on environmental resources, historic resources, and economic impacts. She continued with an overview of the Comprehensive Plan consistency, Department and agency reviews, staff findings, recommendations of the Planning Commission and staff and recommended conditions. Ms. Ring continued with the Sycamore Cross (B) application beginning with a site description, the project's background, a project description, staff analysis related to roads, economic impact, Comprehensive Plan consistency, Department and agency reviews and recommendations. Ben Saunders, Senior Director of Development, AES, remarked that the proposed project is in a remote location, and although the project would be grandfathered by the current ordinance, AES has every intention of complying with the current ordinance. Secondly, we have heard the concern about construction traffic from the citizens and a construction management plan has been developed to address traffic. Lastly, there will be a fiscal impact that will greatly benefit the County. He went over AES and provided a project summary. He went over outreach by AES in terms of neighborhood canvassing, open houses, invitations and mailers. Greg Creswell, Senior Development Manager, AES, went over the things learned during outreach efforts related to benefits to residents, improvement to traffic management, importance of agricultural heritage and economy to residents, and a key concern with the viewshed. He then reviewed the benefits to the community related to the Siting Agreement, the M&T tax, and the real property tax for a total revenue of $27,500,000. Next, under construction management, he reviewed the preferred routing, management strategies and additional points of emphasis. In conclusion, he addressed how the project will coexist with the agricultural heritage of the County. Mr. Saunders provided information relative to the current revenue and payment flexibility associated with the Siting Agreement. Chairman Acree opened the public hearing on the following three matters and called for those in favor or in opposition to speak: A. Application (CUP-8-23) of Sycamore Cross Solar, LLC, Applicant, for additional Use Permit for a Major Utility Service, Specifically a 214 MW Utility-Scale Solar Energy Generation Facility and a Medium Voltage Line Known as Sycamore Cross A, on Approximately 1,795 Acres Located on Mill Swamp Road (Rte. 621) in the Rural Agricultural Conservation Zoning District as well as an Associated Application to Withdraw Approximately 860 Acres from the Moonlight Agricultural and Forestal District B. Application (CUP-5-24) of Sycamore Cross Solar , LLC, Applicant, for a for a Conditional Use Permit to Allow the Expansion of an Existing Major Utility Service, Specifically a Six MW Utility-Scale Solar Energy Generation Facility and Associated Six Medium Voltage Lines Known as Sycamore Cross B, on approximately 240 Acres Located on Jones Drive (Rte. 626), Burwells Bay Road (Rte. 621), Mill Swamp Road (Rte. 621) and James Wilson Way C. Sycamore Cross Solar Energy Generation Facility Siting Agreement The following individuals spoke in opposition: David Tucker of Old Stage Highway; Brian Carroll of Stallings Creek Drive; a resident of White Hill Trail, Chris Howell of Mullet Drive in Surry; Rodney Snodgrass of Smithfield; and, Chris Edwards of Four- Square Road. The following individuals spoke in favor of the application: John Byrum of Five Forks Road;Joe Holloman of Mill Swamp Road; BillyJoe Holloman of Barcroft Drive; Christine Sizemore of White Hill Trail; and, Nathanial Lee Smith spoke in favor. Copies of written letters of support from the following individuals were placed at the Board's seats prior to the public hearing: Paul Hall; Catherine Bowden; Antonia Harrison; Richard Young; Russell Rose; Orion Rogers, Jr.; Aleena Ray; Barbara Newby; Kathy Gordon; Denny Goodman; Annette Goodman; Emma Faustini; Tammy Cole; Roxie Young; Regina Charity; Marilyn Charity; Douglas Charity; Cathy Brown; and, Catherine Bowden. Further, copies of a petition containing the following individuals in support of the application was placed at the Board's seat prior to the public hearing: Christina Smith; Vivian Greene; Annalese Marshall; Leah Heinchon; Leeroy Goodman; Megan Kors; Nikki Spears; John Smith; Wanda Greene; Puneet Kuman; Tony Robertson; Orion Rogers; Joe Mastrangelo; Brandon Rhodes; Sherri Bush; Lucy Grace; Jackie Davis; Precious Battes; Hebert Allen; Andre Manual; Monique Claude-Pollard; Kelly Martinex; Latoya Belk; Annette Clayton; Kirsten White; Chris Peyton; Patricia Rush; James Gray; Bernice Cook;James Taylor; 8 John Heide; Frances Mutts; Deborah Price; Antonia Harrison; Cathy Brown; Reverend Douglas Charity; Regina Charity; Roxie Young; Annette Goodman; Maria Porter; Manly Charity; Catherine Bowden; Barbara Newby; Denny Goodman; Mural Harrison; Laverne Bowden; Elworth Bowden; Regina Faulkner; and, Angel Marshal. Copies of written letters in opposition from the following individuals were placed at the Board's seats prior to the public hearing: Deborah Godfrey; Anne and Brandon Kelly; and, David Tucker. Greg Creswell of AES addressed the hours of operation, bridge capacities, poor performance with regards to storm water, burning, he would be happy to meet with Mr. Howell and Mr. Snodgrass to discuss their concerns, decommissioning and noise concerns. Chairman Acree closed the public hearing. He advised that his most important job is to represent his constituents and that he noticed that when he replies to an email from a citizen, the email goes to Sycamorecrosssolar@gmail.com as opposed to their personal email. Mr. Creswell responded to questions by the Board regarding emails, the community benefit fund, proffers, where the panels were purchased from and that traffic would go from Pons Store to Mullet Drive. On motion of Supervisor Rountree, the following application was tabled: • A. Application (CUP-8-23) of Sycamore Cross Solar, LLC, Applicant, for additional Use Permit for a Major Utility Service, Specifically a 214 MW Utility-Scale Solar Energy Generation Facility and a Medium Voltage Line Known as Sycamore Cross A, on Approximately 1,795 Acres Located on Mill Swamp Road (Rte. 621) in the Rural Agricultural Conservation Zoning District as well as an Associated Application to Withdraw Approximately 860 Acres from the Moonlight Agricultural and Forestal District The motion was adopted unanimously (4-0) with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisor Jefferson absent from the meeting. 9 On motion of Supervisor Rountree, the following application was tabled: B. Application (CUP-5-24) of Sycamore Cross Solar , LLC, Applicant, for a for a Conditional Use Permit to Allow the Expansion of an Existing Major Utility Service, Specifically a Six MW Utility-Scale Solar Energy Generation Facility and Associated Six Medium Voltage Lines Known as Sycamore Cross B, on approximately 240 Acres Located on Jones Drive (Rte. 626), Burwells Bay Road (Rte. 621), Mill Swamp Road (Rte. 621) and James Wilson Way The motion was adopted unanimously (4-0) with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisor Jefferson absent from the meeting. On motion of Supervisor Rountree, the following Site Agreement was tabled: C. Sycamore Cross Solar Energy Generation Facility Siting Agreement The motion was adopted unanimously (4-0) with Supervisors Acree, Rosie, McCarty and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisor Jefferson absent from the meeting. // Supervisor McCarty ended his remote participation. // The Board took a ten-minute break. COUNTY ADMINISTRATOR'S REPORT The Board was requested to advise staff on legislative matters to be included in the County's 2025 legislative priorities. Chairman Acree requested Assistant County Administrator Robertson to investigate legislation proposed from the Fire Chief Association similar to the 599 Program for law enforcement. Zo The Board was requested to review their respective calendars and advise staff if October 24th or October 25th are good dates for the Board's 2024 retreat. Staff is in the process of locating a facilitator for the retreat and the location will be determined at a later date. Assistant County Administrator Robertson apprised the Board that there is a provision in Charter's regulations that require that the County, as the grant recipient, would have to be the owner of the equipment that is funded by the grant. As a result, the County will not be able to utilize that grant funding. Attempts to have the funds redirected to another project were unsuccessful. Additional State funding is expected to become available in the next few months under the BEAD Program. Staff is confident that any homes or areas not currently addressed will be addressed. The Federal Government now needs to be advised that the County will not be able to utilize that funding. The following matters were provided in the agenda for the Board's information: Delinquent Tax Collections — May 2024; Statement of Treasurer's Activity — May 2024; Incidents by Zone Map — June 2024; Incidents by Zone Data — June 2024; Station Activity Report—June 2024; and, the Museum Report—June 2024. County Administrator Keaton advised that he had sent information under separate cover regarding paving efforts at the Courthouse Complex and VDOT mowing schedules. Supervisor Rosie requested staff to inquire if the potholes located approximately 20 feet from ongoing paving efforts at the intersection of Routes 258 and 58 can be repaired simultaneously with that ongoing project. Supervisor Rountree requested a report on the Isle Cares web access. Supervisor Rountree reported there is an attempt being made to delete AM radio bands and that she had requested Senator Jordan to support a JLARK study on vapes and the taxing of. 11 NEW BUSINESS County Attorney Jones advised that the City of Hampton has expressed a desire to join the Western Tidewater Regional Jail Authority and for the Board's consideration is an Amendment to the Agreement for the Creation of the Western Tidewater Regional Jail Authority to Allow the City of Hampton to Join. Supervisor Rountree moved to authorize County Administrator Keaton to execute the agreement on behalf of the County. The motion was adopted unanimously (3- 0) with Supervisors Acree, Rosie and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisors Jefferson and McCarty absent from the meeting. Captain Tommy Potter, Sheriff's Office, represented a request for vehicles. Supervisor Rosie moved to approve the request to replace two vehicles and authorize County Administrator Keaton to bring back a budget amendment. The motion was adopted unanimously(3-0) with Supervisors Acree, Rosie and Rountree voting in favor of the motion; no Supervisor voting against the motion; and, Supervisors Jefferson and McCarty absent from the meeting. ADJOURNMENT At 10:30 p.m., the meeting was-declared adjourned. f4Cr Joel C. Acree, hairm CareyClal2 1fits.a..6 MilaSto ri , Clerk 12