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4-2-2020 Work SessionWORK SESSION 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 SECOND DAY OF APRIL IN THE YEAR TWO THOUSAND AND TWENTY PRESENT: Joel C. Acree, Windsor District, Chairman Richard L. Grice, Smithfield District, Vice Chairman Rudolph Jefferson, Hardy District William M. McCarty, Newport District Don G. Rosie, II, Carrsville District ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk (via video) CALL TO ORDER Chairman Acree called the work session of the Board of Supervisors to order at 6:00 p.m. APPROVAL OF AGENDA/AMENDMENTS County Attorney Jones noted for the record that in accordance with Governor Northam's Executive Order #53 related to the spread of the coronavirus (COVID- 19) pandemic which prohibits public gatherings of ten or more individuals, this meeting was advertised on the County's website as being closed to public in- person participation and that citizens are encouraged to observe the meeting via County's website, FaceBook page or on the County's public access television station. Supervisor McCarty moved that the agenda be adopted as amended to include discussion regarding the temporary suspension of the Board's by-laws and County assessments on certain fees, penalties and interest. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor Rosie moved that the Board's by-laws be suspended, specifically Section 2-113 regarding the taking of actions at work sessions pursuant to Section 4-8 pending the declaration of a disaster being rescinded. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion 1 INVOCATION/PLEDGE OF ALLEGIANCE Supervisor McCarty delivered the invocation and led the Pledge of Allegiance to the American flag of the United States of America. COUNTY ADMINISTRATOR'S REPORT Mary Beth Johnson, Director of Human Resources, addressed the Board regarding a Federal leave policy that would expand the policy adopted by the Board at its March 19, 2020 meeting. She reviewed the policy amendments to Chapter 1, Personnel, Article V, Section 5.12, Section A, of the Emergency Family Medical Leave Expansion Act of the County's Policy Manual which will be retroactive to April 1, 2020 to comply with the new Federal law related to the Families First Coronavirus Response Act. She stated that it offers the expansion of the Family Medical Leave Act and provides two weeks mandated paid sick leave through December 31, 2020. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V, SECTIONS 5.12 AND 5.15 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established a Leave Policy under the Family and Medical Leave Act Policy under Chapter 1, Personnel, Article V, Section 5.12 of the County Policy Manual to establish the policy to provide for leave to employees that meet the criteria specified within the Family and Medical Leave Act; and WHEREAS, the County has established a Public Health Emergency Leave Policy under Chapter 1: Personnel, Article V, Section 5.15 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article V, Sections 5.12 and 5.15 of the County Policy Manual to incorporate the provisions, guidelines, rules and procedures of the Emergency Family and Medical Leave Expansion Act portion of the Families First Coronavirus Response Act and to amend the provisions, rules and procedures of the Public Health Emergency Leave Policy for use by employees for all purposes outlined in the Emergency Paid Sick Leave Act section of the Families First Coronavirus Response Act; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Sections 5.12 and 5.15 of the County Policy Manual are hereby amended as follows: Chapter 1: Personnel ARTICLE V - Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007, October 2, 2008, January 8, 2009, June 19, 2014, October 16, 2014, December 18, 2014, April 1, 2015, January 1, 2018, July 1, 2018, July 1, 2019, March 19, 2020, April 1, 2020) N Section 5.12 - Leave Under the Family and Medical Leave Act (FMLA) (Revised April 7, 2005, January 8, 2009, December 18, 2014, July 1, 2018, April 1, 2020) Isle of Wight County will grant eligible employees up to 12 workweeks of job protected leave (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12 -month period. The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. During this leave, an eligible employee is entitled to continued group health plan coverage. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or equivalent position. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. Employees with questions about what illnesses serious health -conditions are covered under the FMLA policy or under the County's Sick Leave Policy are encouraged to consult with the County's Human Resources Department. Employee Eligibility Criteria To be eligible for FMLA leave, an employee must have been employed by Isle of Wight County: for at least 12 months (which need not be consecutive). Separate periods of employment will be counted, provided the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week; and for at least 11250 hours during the 12 -month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave shall not be counted in determining the 1,250 hours eligibility test for an employee under FMLA; and at a worksite where 50 or more employees are employed by the County within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route. Types of Leave Covered To qualify as FMLA leave under this policy, the employee must be taking leave for one or more of the following reasons: a. The birth of a child and in order to care for that child; 3 b. The placement of a child with the employee for adoption or foster care, and/or to care for the newly placed child; C. To care for the employee's spouse, child, or parent (but not in-law) with a serious health condition (described below); d. The employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job. e. Because of a qualifying exigency arising out of the fact that the employee's spouse, son or daughter, or parent is on active duty or called to covered active duty status in support of contingency operations as a member of the National Guard or Reserves (described below); and/or, f. Because the employee's spouse, son or daughter, parent, or next of kin of a covered service member or veteran requires care due to a serious injury or illness (described below). Serious Health Condition A "serious health condition" is defined as any illness, injury, impairment, or physical or mental condition that requires inpatient care at a hospital, hospice, or residential medical facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care, or a condition that requires continuing treatment by a licensed health care provider. Continuing treatment by a licensed health care provider means any one of the following: 1. Incapacity/Treatment — A period of incapacity of more than three (3) consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves either treatment two or more times within 30 days, or treatment by a health care provider on at least one occasion, which results in a regiment of continuing treatment under the supervision of the health care provider. 2. regnancy/Prenatal Care — Any period of incapacity due to pregnancy or for prenatal care. In these situations, FIVILA also covers leave for the husband, if needed to care for the pregnant spouse who is incapacitated due to severe morning sickness or other prenatal complications (and may need physical care) and to accompany her to prenatal doctor's appointments (and may need to be driven or need psychological care). 3. Chronic Conditions — Any period of incapacity or treatment for incapacity due to a chronic serious health condition such as asthma or diabetes. Chronic conditions require periodic visits (at least twice a year) for S W treatment by a health care provider, continue over an extended period of time, and may cause episodic rather than a continuing period of incapacity. 4. Permanent/Long-Term Conditions — A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective, such as Alzheimer's disease, a severe stroke, or the terminal stages of a disease. The patient must be under the continuing supervision of a health care provider, but need not be receiving active treatment. 5. Conditions Requiring Multiple Treatments — Any period of absence to receive or recover from multiple treatments, such as for restorative surgery after an injury, or for serious conditions such as cancer (chemotherapy) or kidney disease (dialysis) that would likely result in a period of incapacity of more than three (3) consecutive, full calendar days in the absence of medical intervention or treatment. 6. Incapacity and Subsequent Treatment —The inability to work, attend school or perform other regular daily activities due to the serious health condition or the treatment or recovery as a result of a serious health condition. Military Family Leave Entitlements Qualifying Exigencies — A qualifying exigency is a non-medical, non -routine activity that is directly related to the covered military member's covered active duty or call to active duty status. To be eligible, the employee must have a spouse, parent, or child on covered active duty to a foreign country or call to covered active duty status in the Armed Forces or reserve component of the Armed Forces in support of a contingency operation to a foreign country. Categories of qualifying exigencies in the FMLA regulations include: 1. Short -notice deployment activities (up to seven (7) days of leave is permitted if the military member receives seven (7) or less days' notice of a call to active duty); 2. Military events and related activities; 3. Certain temporary childcare arrangements and school activities (but not for ongoing childcare or routine academic concerns); 4. Financial and legal arrangements; 5. Counseling by a non-medical counselor (such as a member of the clergy); 6. Rest and recuperation (up to a maximum of fifteen (15) calendar days of leave is permitted when the military member is on temporary rest and recuperation leave); 7. Post -deployment military activities (such as arrival ceremonies or reintegration briefings); 8. Care of the military member's parent (when the parent of the military member is incapable of self-care); and 9. Additional activities which arise out of the military member's covered active duty or call to active duty status provided that both the County and employee agree that such leave shall qualify, and agree to both the timing and duration of such leave. 5 Military Caregiver Leave — FMLA leave may be granted to an eligible employee to care for a covered service member, who is on the temporary disability retired list and has a serious injury or illness. The covered service member must be undergoing medical treatment, recuperation or therapy, otherwise be in outpatient status, or otherwise be on the temporary disability retired list. To be eligible for this leave, the employee must be the spouse, child, parent, or next of kin of the covered service member. Amount of Leave Eligible employees may take up to a total of 12 workweeks of FMLA leave during a rolling calendar year, when leave is taken for any one or combination of FMLA- qualifying reasons, not including military caregiver leave. For regular full-time employees, 12 workweeks of leave equates to 480 hours (674 hours for 24-hour Emergency Services employees assigned to a 28 -day cycle). Except for military caregiver leave, each time FMLA leave is taken, the employee's remaining FMLA leave entitlement is any remaining balance of the 12 workweeks that has not been used during the rolling calendar year in which the leave was taken. As with other paid leave types, FMLA leave is available in increments of quarter-hours (15 minutes) and an employee may not be required to take more leave than necessary to address the circumstances that precipitated the need for leave. 1. Amount of Military Caregiver Leave — For military caregiver leave only, up to a total of 26 workweeks of leave may be taken in a single 12 -month period when combined with other FMLA qualifying leave. The 26 workweeks of leave equates to 1,040 hours for regular full-time employee (1,460 hours for 24-hour Emergency Services employees assigned to a 28 - day cycle). For purposes of military caregiver leave only, the 12 -month period begins on the first day the employee takes military caregiver leave and ends 12 months later. When military caregiver leave is taken in combination with other FMLA qualifying reasons, only 12 weeks of the total may be for reasons other than the care of the covered service member. 2. When Both Spouses Work for the County - When both spouses are employed by Isle of Wight County, they are together entitled to a combined total of 12 (or 26) workweeks of FMLA leave within the designated 12 month period for the birth and care of a newborn child, adoption, or foster care placement of a child with the employees, to care for a parent (but not in-law) with a serious health condition, or to care for a covered service member with a serious injury or illness. Each spouse may be entitled to the remaining amount of FMLA leave for other FMLA qualifying reasons such as the case for a child with a serious health condition or due to one's own serious health condition. For example, if each spouse took 6 weeks of leave to care for a healthy newborn child, each could later use an additional 6 weeks due to his/her own serious health condition or to care for a spouse, child, or parent with a serious health condition. M 3. Time Limitation When Leave is taken for Birth/Placement - Leave for birth and to care for a newborn, or for a newly placed child for adoption or foster care must conclude within 12 months after the birth or placement of the child. Intermittent or Reduced Work Schedule Leave "Intermittent leave" is leave taken in separate blocks of time due to a single qualifying reason (hours/days are taken periodically over a period of time). "Reduced work schedule leave" is leave that reduces an employee's usual number of hours per workweek or hours per workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member or veteran over a 12 - month period). Leave to care for a newborn or a newly placed child must be taken all at once, and may not be taken intermittently or on a reduced work schedule. Leave taken because of an employee's own serious health condition, or to care for an employee's spouse, child, or parent with a serious health condition, may be taken all at once or, where medically necessary, intermittently or on a reduced work schedule. If an employee takes leave intermittently or on a reduced work schedule basis for planned medical treatments, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the County's operations. When an employee takes intermittent or reduced work schedule leave for the employee or employee's family member and for foreseeable planned medical treatment, the County may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates the intermittent or reduced work schedule. Requests for FMLA Leave All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the Human Resources Department as soon as the employee knows that leave will be needed. An employee does not need to expressly assert his/her FMLA rights for an absence to be covered by FMLA. However, sufficient information must be provided for Human Resources to determine if the leave qualifies for FMLA protection and the anticipated timing and duration of the leave. If sufficient information is not provided, Human Resources will contact the employee to inquire further as to the reason for the leave. Within five business days after the employee has provided this notice of the need for FMLA leave, the Human Resources Department will complete and provide the employee with the Department of Labor Notice of Eligibility and Rights and Responsibilities form. The employee will be provided the Request for Family/Medical Leave form and submit it to the Human Resources Department. The employee will be provided the FMLA Policy. When leave is foreseeable for childbirth, placement of a child or planned medical treatment for the employee's or family member's serious health condition, the employee must provide the County with at least 30 days advance notice, or such shorter notice as is practicable (it is expected that an employee will give notice to h the employer within no more than one or two working days of learning of the need for leave, except in extraordinary circumstances). When the timing of the leave is not foreseeable, the employee must comply with the County's usual and customary � notice and procedural requirements for requesting leave, absent unusual circumstances. Required Documentation When leave is taken to care for a family member, the County may require the employee to provide documentation or statement of family relationship (e.g., birth certificate or court document). An employee shall be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee's or a family member's serious health condition. Medical certification forms (Department of Labor Certification of Health Care Provider for Employee's Serious Health Condition form) are available in the Human Resources Department. The employee's job description to include the essential functions/physical requirements should be furnished to the health care provider completing the Certification of Health Care Provider for Employee's Serious Health Condition form. The employee must respond to such a request for medical certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of leave or continuation of leave. During FMLA leave, the County may request that the employee provide recertification of a serious health condition at intervals in accordance with the FMLA. In addition, on a basis that does not discriminate against employees on FMLA leave, the County may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. The County may provide the employee's health care provider with the employee's attendance records and ask whether the need for leave is consistent with the employee's serious health condition. If the employee's anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the County with reasonable advance notice as soon as practicable of the employee's changed circumstances and new return to work date. If the employee gives the County notice of intent not to return to work, the employee will be considered to have voluntarily resigned. If the employee voluntarily terminates his/her employment while taking leave covered by FMLA, the County's FMLA obligations to the employee cease. The County has the right to ask for a second medical opinion. The County will pay for any such second medical opinion necessary. Arrangements are coordinated through the Human Resources Department. Certification of Military Family Leave: 1. Qualifying Exigency - To certify a qualifying exigency for military FMLA leave, the County will require certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of leave or continuation of leave. 0 Qualifying exigency forms (Department of Labor Certification of Qualifying Exigency for Military Leave form) are available in the Human Resources Department. 2. Military Caregiver Leave - To certify a serious injury or illness of the covered service member or veteran, the County will require certification within 15 days of the request or provide a reasonable explanation forthe delay. Failure to provide certification may result in a denial of continuation of leave. Certification forms (Department of Labor Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave" form) are available in the Human Resources Department. Other types of certification may include providing a copy of an Invitational Travel Order (ITO) or Invitational Travel Authorization (ITA) issued to any member of the covered service member's family. Alternatively, documentation of enrollment in the VA Program of Comprehensive Assistance for family caregivers is sufficient, but the County may require additional information in accordance with the federal regulations. FMLA leave may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. The Human Resources Department is responsible for reviewing and maintaining all medical documentation including medical certifications and doctor's notes. All records related to an employee's medical condition are strictly confidential and may be discussed only with those who have a bona fide need to know. Use of Paid or Unpaid Leave FMLA provides eligible employees with up to 12 (or 26) workweeks of unpaid leave. Therefore, FMLA leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and the employee's accrued paid leave available. An employee who is taking FMLA leave because of the employee's own serious health condition or the serious health condition of a family member must use any qualifying paid leave prior to being eligible for unpaid leave. Qualifying paid leave is leave that would otherwise be available to the employee for the purpose for which the FMLA leave is taken. The remainder of the 12 (or 26) workweeks of leave, if any, will be unpaid FMLA leave. Any paid leave used for an FMLA qualifying reason will be charged against an employee's entitlement to FMLA leave. The substitution of paid leave for unpaid leave does not extend the 12 (or 26) workweek leave period. An employee who is taking leave for the adoption or foster care of a child must use all paid annual and personal leave prior to being eligible for unpaid leave. An employee who is using military FMLA leave for a qualifying exigency must use all paid annual and personal leave prior to being eligible for unpaid leave. An employee using FMLA military caregiver leave must use all paid annual, personal, or sick leave (as long as the reason for the absence is covered by the sick leave policy) prior to being eligible for unpaid leave. Designation of Leave 0 Within five (5) business days after the employee has submitted the appropriate certification form, the Human Resources Department will provide the employee with a written response to the employee's request for FMLA leave (using the Department of Labor Designation Notice). The County may provisionally designate the employee's leave as FMLA leave if the County has not received medical certification or has not otherwise been able to confirm that the employee's leave qualifies as FMLA leave. Sick leave may be run concurrently with FMLA leave if the reason for the FMLA leave is covered by the established policy. Leave for the birth of a child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. If the employee has leave to be counted as FMLA leave, the employee must notify the Human Resources Department as soon as possible of the employee's return to work that the leave was for an FMLA reason. If an employee takes paid leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the County may designate all or some portion of related leave taken as FMLA leave, to the extent that the earlier leave meets the necessary qualifications. Maintenance of Health Insurance Benefits and other Benefits During FMLA leave, an employee is entitled to continued group health plan coverage at thesame level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee's family member or a circumstance beyond the employee's control, the County will require the employee to reimburse the County the amount it paid for the employee's health insurance premium during the leave period. To the extent that an employee's FMLA leave is paid, the employee's portion of health insurance premiums will be payroll -deducted from the employee's paycheck. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. If the employee's payment of health insurance premiums is more than 30 days late, the County may discontinue health insurance coverage for the duration of the leave upon at least 15 days' notice to the employee prior to the employee's loss of coverage. If the employee contributes to a life insurance plan, disability plan, or any other voluntary contributions to benefit plans, the County will continue making payroll deductions while the employee is on paid FMLA leave. While the employee is on unpaid FMLA leave, the County will discontinue coverage during the FMLA leave. Upon the employee's return from FMLA leave, payroll deductions will recommence. Return to Work From Approved Leave Upon the return to work from approved FMLA leave that was twelve (12) workweeks or less in duration, the employee will be restored to the position of 10 employment held by the employee when the leave commenced or restored to an equivalent position with equivalent status, benefits, pay, and other terms and conditions of employment. An employee that takes FMLA leave that was twelve (12) workweeks or less in duration may be required to provide a fitness for duty clearance from the health care provider stating that the employee is able to resume work and/or if there are any limitations. This requirement will be included in the employer's response to the FMLA request. An employee's return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. Limitations on Reinstatement An employee is entitled to reinstatement only if he/she would have continued to be employed had FMLA not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force, or other reason, the employee would not be employed at the time job restoration is sought. The County reserves the right to deny reinstatement to salaried, eligible employees who are among the highest paid ten (10) percent of the County's employees employed within 75 miles of the worksite ("key employees") if such denial is necessary to prevent substantial and grievous economic injury to the County's operations. Failure to Return to Work Following FMLA Leave If the employee does not return to work following the conclusion of FMLA leave, the employee will be considered to have voluntarily resigned. The County may recover health insurance premiums that were paid on behalf of the employee during an unpaid FMLA leave except that the County's share of such premiums may not be recovered if the employee fails to return to work because of other circumstances beyond the employee's control. In such cases, the County may require the employee to provide medical certification of the employee's or family member's serious health condition. For further information or clarification about FMLA leave, please contact the Human Resources Department. Section 5.12(a) Emergency Family and Medical Leave (FML) Expansion Act During the period beginning April 1, 2020 and ending on December 31, 2020, pursuant to the provisions of the Families First Coronavirus Response Act (H.R.6201), Isle of Wight County will grant 'eligible employees' with up to 12 workweeks of job protected leave during a 12 -month period for the purpose of a 'qualifying need related to a public health emergency'. Except for military caregiver leave defined above, each time FMLA leave is taken for any purpose(s), the employee's remaining FMLA leave entitlement is any remaining balance of the 12 workweeks that has not been used during the rolling calendar year in which 11 the leave was taken. The leave under the Emergency FML Expansion Act is the only reason allowed for mandatory paid leave under the FMLA. During this leave, an eligible employee is entitled to continued group health plan coverage. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or equivalent position. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. Explanation of Terms For the purpose of Section 5.12(a): The term 'eligible employees' means employees who have been employed for at least 30 calendar days, with the exception of emergency responders including, but not limited to, law enforcement employees, Department of Emergency Services fire and/or rescue employees, and 911 dispatchers. The term 'qualifying need related to a public health emergency', with respect to leave, means the employee is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency. Under this provision, the term 'public health emergency' means an emergency with respect to COVID-19 declared by a Federal, State, or local authority. The term 'child care provider' means a provider who receives compensation for providing child care services on a regular basis, including an 'eligible child care provider' (as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n)). The term 'school' means an 'elementary school' or 'secondary school' as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). Payment under the Emergency FML Expansion Act Full-time Employees: When leave is needed due to a school or childcare closure, the first ten (10) days of the leave shall be unpaid, unless the employee requests to use his/her public health emergency leave (PHE leave) (up to 80 hours), if available, and/or elects to substitute any other accrued paid leave other than sick leave to cover the unpaid leave time. After the first 10 days of leave, subsequent absences for this reason shall be paid at the rate of two- thirds (2/3) of the employee's regular rate of pay, capped at $200 a day and $10,000 in aggregate. A Designation Notice of FIVILA will be sent to an employee using the Expanded FMLA for childcare advising him/her that the leave will be designated as such. 12 Part-time Employees: When leave is needed due to a school or childcare closure, the first ten (10) days of the leave shall be unpaid, unless the employee requests to use his/her PHE leave, if available, and/or elects to substitute any other accrued paid leave other than sick leave to cover the unpaid leave time. a. Part-time employees with at least 30 days of service with a regular schedule shall receive leave not to exceed the number of work hours 'the employee is normally scheduled to work in a two-week period. After the first ten (10) days of leave, subsequent absences for this reason shall be paid at the rate of two-thirds (2/3) of the employee's regular rate of pay, capped at $200 a day and $10,000 in aggregate. For example, a part-time employee who normally works twenty (20) hours per week would be eligible for up to twenty (20) hours of leave per week for twelve weeks, with ten of the weeks paid at the rate of 2/3 his/her regular rate of pay b. Part-time employees with at least 30 days of service whose schedule varies (on-call/intermittent/temporary and/or seasonal) shall receive leave equal to the average number of hours that the employee was scheduled per day over the 6 -month period immediately preceding the request for leave. For example, if the employee requested leave on March 20, 2020 any hours worked or leave taken from September 20, 2019 through March 20, 2020 would be considered in determining the amount of leave permissible under the policy. After the first ten (10) days of leave, subsequent absences for this reason shall be paid at the rate of two-thirds (2/3) of the employee's regular rate of pay, capped at $200 a day and $10,000 in aggregate. Employees may not use any other form of leave in conjunction with Expanded FMLA for childcare, with the exception of PHE leave, if available. Section 5.15 — Public Health Emergency Leave (March 19, 2020, Revised April 1, 2020) Isle of Wight County recognizes that in the event of a public health emergency, employees may be asked to or required to remain away from the workplace to care for the medical needs of self and/or immediate family members due to symptoms of and/or a diagnosis of the disease identified in the public health emergency, required quarantine without the ability to telework, and/or other purposes allowed by the County Administrator identified in the public health emergency for the purpose of infectious disease control. The County Administrator will determine based on emergency declarations and/or other public health emergency guidance when public health emergency leave may be granted, for what time period, and for what purposes related to the public health emergency. The County may grant, without requirement of repayment, up to eighty (80) hours of public health emergency paid leave (PHE leave) (up to 112 hours for regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services) to regular full-time employees. The County 13 may grant, without requirement of repayment, regular part-time employees (those working between 20-29 hours per week on a regular basis) ar^ eligib'e; PUPURI n­hlir hoolth omorapnry maid PHE leave in the .m^„„+ of the e mnl^.,^^�� .vw.- 1.— ..... It— 7__ ....., ..................... I ,, ......---- .O ..---- .... ....._.. -.._ p�j�t ^L� paid leave of aRy type, ^ eF th�asst G_-rmrtl.emt hparrie�ding-9R +.h�crr��,;#P mm` � 11A h - the ema—takes the p -aid sick leave (Public h�rhr emeFgeR y leave' amount not to exceed the number of work hours the employee is normally scheduled to work in a two-week period. For example, a regular part-time employee who normally works twenty (20) hours per week would be eligible for up to twenty (20) hours of PHE leave per week for two weeks. The County may grant, without requirement of repayment, on- call/intermittent/temporary/or seasonal part-time employees PHE leave in the amount equal to the average number of hours that the employee worked per day, including leave taken, over the 6 -month period immediately preceding the request for leave. For example, if the employee requested leave on March 20, 2020 any hours worked or leave taken from September 20, 2019 through March 20, 2020 would be considered in determining the amount of PHE leave permissible under the policy. If the employee did not work over the prior 6 - month period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work shall be used to determine the PHE leave permissible under the policy. Employees are responsible for requesting p6lblir health em^r^^r” y PHE leave, if available, through their Department Head, and for providing any required documentation, including medical documentation, requested to the Human Resources Department. Once the granted public health emeFge ,,.,, PHE leave has been exhausted, should an employee be asked to or be required to remain away from the workplace, the employee's other available leave, if any, will be utilized to cover his/her absence, unless any other leave provisions apply. Once the employee has exhausted all available paid leave, he/she may make a request under the Leave Donation Policy or Leave under the Family and Medical Leave Act Policy (Chapter 1, Article XIII and/or Chapter 1, Article V, Section 5.12) if he/she is eligible for such. Should the employee not be eligible for the Leave Donation Policy and/or have exhausted all paid leave or donated leave, the employee may be placed on leave without pay, pending eligibility and/or approval for such in accordance with policy. During a public health emergency, particularly an infectious disease outbreak, it is critical that employees do not report to work while they are ill and/or experiencing the symptoms and fer aat least 24 h^„rS r^r for whatever time specified following last experience of symptoms and/or diagnosis identified by the Centers for Disease Control (CDC) associated with the public health emergency/infectious disease. Employees who report to work ill will be sent home in accordance with the CDC's health guidelines. If an employee is out sick or showing symptoms of being ill, it may become 14 necessary to request information from the employee and/or the employee's health care provider or that of the employee's immediate family member. In general, the request for medical information would be for the purpose of confirming the employee's need to be absent, to show whether and how an absence relates to the public health emergency/infectious disease, and to know when it is appropriate for the employee to return to work. As always, we expect and appreciate the cooperation of employees when medical information is sought. Emergency Paid Sick Leave Act During the period beginning April 1, 2020 and ending on December 31, 2020, pursuant to the provisions of the Families First Coronavirus Response Act (H.R.6201), Isle of Wight County will grant the mandated emergency paid sick leave in the form of Public Health Emergency Leave (PHE leave) to all employees for the purposes of: 1) The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19. 2) The employee has been advised by a healthcare provider to self - quarantine due to concerns related to COVID-19. 3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. 4) The employee is caring for an individual who is subject to an order of quarantine or isolation and/or is caring for an individual who has been advised by a healthcare provider to self -quarantine due to concerns related to COVID-19. 5) The employee is caring for their son or daughter or grandchild if the school or place of care of the son or daughter has been closed; or the childcare provider of the son or daughter is unavailable, due to COVID- 19 precautions. 6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor. After the first workday (or portion thereof) an employee receives paid sick leave (PHE leave) under this Act, an employer may require the employee to follow reasonable notice procedures in order to continue receiving such paid sick leave (PHE leave). PHE leave needed for dependent care purpose (5) above may be used intermittently. All employees eligible for PHE leave under this policy shall be granted the following hours of PHE leave, capped at $511 per day and $5,110 in the aggregate, as follows: IN Full-time Employees: up to 80 hours (up to 112 hours for regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services) Part-time Employees: • Regular part-time employees (those working between 20-29 hours per week on a regular basis): amount not to exceed the number of work hours the employee is normally scheduled to work in a two- week period. For example, a part-time employee who normally works twenty (20) hours per week would be eligible for up to twenty (20) hours of PHE leave per week for two weeks. • On-call/Intermittent/Temporary/or Seasonal part-time employees: amount equal to the average number of hours that the employee worked per day, including leave taken, over the 6 -month period immediately preceding the request for leave. For example, if the employee requested leave on March 20, 2020 any hours worked or leave taken from September 20, 2019 through March 20, 2020 would be considered in determining the amount of PHE leave permissible under the policy. If the employee did not work over the prior 6 - month period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work shall be used to determine the PHE leave permissible under the policy. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Andrea Clontz, Emergency Management Coordinator, provided an update on Coronavirus (COVID-19) and advised that accurate information can be obtained at the websites for the Virginia Department of Health and the Center for Disease Control. She stated the Governor's Executive Order #55 prohibits public and private gatherings of 10 or more and social distancing must be maintained of six or more feet. She advised that restaurants are still allowed to remain open for takeout and delivery and that other non-essential businesses not closed under Executive Order #53 may continue to operate as long as they can accommodate the appropriate social distancing. She advised that public beaches are closed for all activities except exercising and fishing and appropriate social distancing must be maintained at all times; campgrounds may no longer accept reservations for overnight stay periods of less than 14 days, however, they are allowed to have long-term reservations and operate camp stores as long as they are meeting the requirements of social distancing. She stated elderly and individuals with underlying health conditions are encouraged to self isolate for their own safety. She stated Departments of Motor Vehicles remain closed and the courts have extended their closure date until April 26, 2020. She stated suspensions for disconnections of utilities are being continued and that County offices remain 16 closed to the public with staff continuing to provide services via the telephone, mail and online. Chairman Acree requested staff to investigate which grocery stores are offering specified shopping hours for senior citizens and which stores offer the pick-up service for inclusion on the County's website. County Administrator Keaton advised that a conference call with Senator Warner's office revealed that stimulus checks will be going out within the next three weeks; individuals on social security do not have to fill out a tax return in order to qualify for the stimulus checks; and, there are some opportunities for small businesses to get loans in order to keep their employees on the payroll and those loans can turn into grants. He stated Senator Warner also advised that there is a State Stabilization Fund and the State of Virginia will receive three billion dollars. He stated he also understands there is some ability for the Federal Government to purchase local government short-term debt. He stated concerning lost revenue for local governments, there is no money in the Act to cover any lost revenues by local governments. County Administrator Keaton advised that telework has begun for those departments that are able to do that. He stated that some offices are not able to telework, but for those that can, he is trying to thin out the number of employees in the building in an attempt to limit exposure. The Board took a recess and reconvened. County Attorney Jones presented an Emergency Ordinance to Effectuate Temporary Changes in Certain Deadlines and to Modify Public Meeting and Public Hearing Practices and Procedures to Address Continuity of Operations Associated with Pandemic Disaster for the Board's consideration. Vice -Chairman Grice moved that the following Ordinance be adopted: EMERGENCY ORDINANCE TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) pandemic; and, WHEREAS, Executive Order Fifty -One acknowledged the existence of a public health emergency which constitutes a disaster as defined by Virginia Code § 44- 17 146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and, WHEREAS, Executive Order Fifty -One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waive "any state requirement or regulation" as appropriate; and, WHEREAS, on March 13, 2020, the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19; and, WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and, WHEREAS, on March 19, 2020, the Isle of Wight County Board of Supervisors (the "Board") confirmed the declaration of local emergency made by the local director of emergency management on March 13, 2020; and, WHEREAS, the Board finds that COVID-19 constitutes a real and substantial threat to public health and safety and constitutes a "disaster" as defined by Virginia Code §44-146.16 being a "communicable disease of public health threat;" and, WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary provision of law, a locality may, by ordinance, provide a method to assure continuity of government in the event of a disaster for a period not to exceed six months; and, WHEREAS, Virginia Code § 44-146.21(C) further provides that a local director of emergency management or any member of a governing body in his absence may upon the declaration of a local emergency "proceed without regard to time- consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to performance of public work;" and, WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of Board may convene solely by electronic means "to address the emergency;" and, WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act ("FOIA") are limited only by a properly claimed exemption provided under that Act or "any other statute"; and, WHEREAS, the Governor and Health Commissioner of the Commonwealth of Virginia and the President of the United States have recommended suspension of public gatherings of more than ten attendees; and, WHEREAS, the Attorney General of Virginia issued an opinion dated March 20, 2020 stating that localities have the authority during disasters to adopt ordinances to ensure the continuity of government; and, [E:1 WHEREAS, this emergency ordinance in response to the disaster caused by the COVID-19 pandemic promotes public health, safety and welfare and is consistent with the law of the Commonwealth of Virginia, the Constitution of Virginia and the Constitution of the United States of America. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia: 1. That the COVID-19 pandemic makes it unsafe to assemble in one location a quorum for public bodies including the Board, the Planning Commission, Board of Zoning Appeals, and all local and regional boards, commissions, committees and authorities created by the Board or to which the Board appoints all or a portion of its members (collectively "Public Entities" and individually "Public Entity"), or for such Public Entities to conduct meetings in accordance with normal practices and procedures. 2. That in accordance with Virginia Code § 15.2-1413, and notwithstanding any contrary provision of law, general or special, the following emergency procedures are adopted to ensure the continuity of government during this emergency and disaster: a. Any meeting or activities which require the physical presence of members of the Public Entities may be held through real time electronic means without a quorum physically present in one location; and, b. Prior to holding any such electronic meeting, the Public Entity shall provide public notice of at least 3 days in advance of the electronic meeting identifying how the public may participate or otherwise offer comment; and, c. Any such electronic meeting of Public Entities shall state on its agenda and at the beginning of such meeting that it is being held pursuant to and in compliance with this Ordinance; identify Public Entity members physically and/or electronically present; identify the persons responsible for receiving public comment; and identify notice of the opportunities for the public to access and participate in such electronic meeting; and, d. Any such electronic meeting of the Public Entities shall be open to electronic participation by the public and closed to in-person participation by the public; and, e. For any matters requiring a public hearing, the public hearing will be opened and continued until 11:59 p.m. on the date of the public hearing to allow for receipt of public comment. Public comment will be solicited and received via written means. Public comment may also be solicited and, if so solicited, received, via electronic and/or telephonic means if possible and practical. All such public comments will be provided to members of the Public Entity prior to the vote on such matter and made part of the record for such meeting; and, f. The minutes of all electronic meeting shall conform to the requirements of law, identify how the meeting was conducted, members participating, and specify what actions were taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended. 19 IT IS FURTHER ORDAINED that notwithstanding any provision of law, regulation or policy to the contrary, any deadlines requiring action by a Public Entity, its officers and employees of its organization shall be suspended during this emergency and disaster, however,, the Public Entities, officers and employees thereof are encouraged to take such action as is practical and appropriate to meet those deadlines. Failure to meet any such deadlines shall not constitute a default, violation, approval, recommendation or otherwise. IT IS FURTHER ORDAINED, that non -emergency public hearings and action items of Public Entities may be postponed to a date certain provided that public notice is given so that the public are aware of how and when to present their views. IT IS FURTHER ORDAINED, that the citizen comment portion of the agenda, specified in Sec. 4-1, Order of Business, of the Isle of Wight County Board of Supervisors By -Laws and Rules of Procedure is hereby suspended. Citizens are encouraged to submit comments to the Board in writing or via e-mail. IT IS FURTHER ORDAINED, that the provisions of this Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended, rescinded or readopted by the Board in conformity with the notice provisions set forth in Virginia Code §15.2-1427 but in no event shall such ordinance be effective for more than 6 months. Upon rescission by the Board or automatic expiration as described herein, this emergency ordinance shall terminate and normal practices and procedures of government shall resume. Nothing in this Emergency Ordinance shall prohibit Public Entities from holding in- person public meetings provided that public health and safety measures as well as social distancing are taken into consideration, which may include closing the meeting site to in-person participation by the public. An emergency is deemed to exist, and this ordinance shall be effective upon its adoption. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. In an effort to immediately assist those small businesses that are struggling to remain operational and those non-profit organizations that are holding special events to raise funds to assist and support local residents, Vice -Chairman Grice moved that the Board temporarily waive the $75 fee associated with special events signage applications during the period of the declared disaster. The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Vice -Chairman Grice suggested that businesses not currently open remove and store their signage until they are reopened. Vice -Chairman Grice suggested that County Administrator Keaton and County Attorney Jones make recommendations and prepare documentation for modification of County fees associated with penalties and interest on County meal and occupancy taxes, business property taxes, both personal property and real estate, and other associated fees for action by the Board at its April 16, 2020 meeting. The consensus of the Board was to proceed with Vice -Chairman Grice's suggestion and County Attorney Jones advised that the matter will be advertised for public hearing at the Board's April 16, 2020 meeting. Proposed FY2020-21 Operating and Capital Budgets County Administrator Keaton provided highlights of the proposed FY2020-21 Operating and Capital budgets which reflects no change in the real estate tax rate of $.85 or the personal property tax rate of $4.50 with the Machinery & Tools tax rate remaining at $1.75. He advised that the General Fund budget totals $80,045,138 with the largest source of those funds from General Property taxes ($59.0 million) and the largest uses for education ($27.5 million); public safety ($12.3 million); and, debt service ($11.8 million). He provided an overview of revenues, which included real property taxes; personal property taxes; Machinery & Tools tax; Public Service Corporation taxes; meals tax; and, the Utilities fund. He provided an overview of the expenditures which included potential impacts from COVID-19 Pandemic; public schools; public safety; fire and rescue response; public works; debt service; personnel fleet upgrades; and, the Capital Budget. He recognized the Constitutional Officers, Department Heads and staff for their cost saving suggestions and Assistant County Administrator Robertson, Stephanie Humphries and Teresa Morgan for organizing budget requests and preparing countless budget scenarios. The Board was requested to review and relay their comments on the proposed FY2020-29 Capital Improvements Program to County Administrator Keaton. The consensus of the Board was to continue to conduct its meetings in the Robert C. Claud, Sr. Board Room with written documents and emails to be submitted on public hearings. 21 ADJOURNMENT At 8:30 p.m., Chairman Acree declared the meeting adjourned. 0 aw "�& 1 C�6�—T2 Care Mi s st fm, Clerk 22 Joel C. Acree, Cha'