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4-16-2020 Regular MeetingREGULAR 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 SIXTEENTH 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 regular Board of Supervisors' meeting to order at 5:00 P.M. APPROVAL OF AGENDA/AMENDMENTS Supervisor Jefferson moved that the agenda be adopted as amended moving the invocation prior to the closed meeting. The motion was adopted (5-0) with Supervisors Acree, Grice, McCarty, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. INVOCATION/PLEDGE OF ALLEGIANCE Chaplain Joe Pope with the Burdette Baptist Church and the Franklin Police Department delivered the invocation and led the Pledge of Allegiance to the American Flag of the United States of America. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointment of specific appointees to County boards, committee or authorities; pursuant to Section 2.2-3711(A)(3) concerning a discussion regarding the acquisition of real property for public purposes, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board; pursuant to Section 2.2-3711(A)(8) concerning consultation with legal counsel employed or retained by the Board regarding specific legal matters requiring the provision 1 of legal advice by such counsel including (a) Virginia Code Sec. 46.2-752, (b) receipt of public comments during public hearings, and (c) standards of review of conditional uses; and, pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel regarding actual and probable litigation where such consultation would adversely affect the negotiating or litigation posture of this public body. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Jones. 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 McCarty and all voting in favor (5-0), the following Resolution was adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 CONSENT AGENDA A. Resolution of the Board of Supervisors of Isle of Wight County Virginia Requesting the Virginia Department of Transportation to Accept Streets in .the Founders Pointe Subdivision Phase 3B into the Secondary System of State Highways (Stoneridge Court, State Route 1059, 0.06 miles from cul- de-sac to Founders Pointe Trail) B. Resolution to Appropriate Funding for an ATV Trail Grant for Heritage Park: Supervisor moved that the Resolution be adopted. The motion was adopted (5-0) with Supervisors Acree, Grice, McCarty, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. C. Minutes February 12, 2020 Special Joint Meeting Minutes February 13,2020 Work Session Minutes February 27, 2020 Regular Meeting Minutes March 5, 2020 Work Session Minutes March 16, 2020 Special Meeting Minutes March 19, 2020 Regular Meeting Minutes Supervisor McCarty moved that the Consent Agenda be adopted as presented. The motion was adopted (5-0) with Supervisors Acree, Grice, McCarty, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. REGIONAL AND INTER -GOVERNMENTAL REPORTS Chairman Acree reported that the Portsmouth terminal is being closed due to a reduction in cargo, but that it can be reopened within 24 hours if needed. Supervisor Rosie reported on discussions held at the most recent meeting of the Hampton Roads Military & Federal Facilities Alliance related to suicide prevention and legislative priorities. CITIZENS COMMENTS County Administrator Keaton distributed written comments submitted by Herb DeGroft related to school projects. Supervisor McCarty commented on the negative impact to restaurants and small businesses associated with COVID-19. He wished the community well and expressed his desire for life to return to normal soon. Supervisor Jefferson advised that citizens feel like they are not being kept apprised about COVID-19 and they want the Towns of Smithfield and Windsor and the County to come together with the same information on COVID-19. He relayed the desire of a Smithfield citizen for the Towns of Smithfield and Windsor 91 to investigate what projects can be done jointly. He recognized teachers for their actions to ensure that the County's children are fed and the Smithfield Assembly Church for giving free shoes to children attending Hardy Elementary School. Supervisor Rosie recognized those who have lost loved ones as a result of COVID- 19 and stressed the importance of the Governor having a specific plan for the reopening of businesses as people need to get back to work. Vice -Chairman Grice reported that the SBA, the Economic Development Department and the Chamber of Commerce recently released a video showcasing small businesses; how they are struggling; and, the process for making application for assistance. Chairman Acree remarked that while the Board has a responsibility to look out for County citizens, there will come a time when we will have to decide and suffer the consequences. He remarked that the grants available for businesses require that an employer maintain employees on the payroll, but employees are making more collecting unemployment and stimulus funds. He recognized first responders for their commitment to the community's needs. APPOINTMENTS Supervisor Jefferson moved that the following be appointed to serve on the Fire & Rescue Advisory Board: Department Carrollton VFD Carrsville VFD Rushmere VFD Windsor VFD Smithfield VFD IOW Rescue Squad Windsor VRS Dept. Emergency Services Primary Tim Nunez Judson West Brandon Jefferson Lee Marshall Nick Savage Brian Carroll Keith Griffin Pat Humphries Alternate Scott Brower Weston Jamison Kevin Parker Dale Scott Ryan Grey Chad Owens Beth Hecker Greg Parsons Supervisor McCarty moved that Pat Humphries be appointed to serve as the County's representative on the Tidewater Emergency Medical Services Council (TEMS). The motion was adopted (5-0) with Supervisors Acree, Grice, McCarty, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Acree moved that Sharon Corey Stallings be reappointed to serve on the Economic Development Authority for an additional four-year term representing the Windsor District. The motion was adopted (5-0) with Supervisors Acree, Grice, McCarty, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. S COUNTY ATTORNEY'S REPORT Regarding the proration of local automobile licensing fees, County Attorney Jones advised that the matter remains undecided at the General Assembly. He requested that the matter be placed on the Board's May 7, 2020 work session agenda for alternatives on implementation and what it will look like from a budgetary standpoint. County Attorney Jones advised that there is a link on the County's website for the budget ad and emails containing comments on the budget can be left at budget@iwus.net which will be provided to the Board and made a record of the meeting. PUBLIC HEARING Temporary Suspension of Tax Penalties and Interest Ordinance to Amend and Reenact Chapter 15, Taxes of the Isle of Wight County Code County Attorney Jones presented the amendments to Chapter 15 of the County Code. Chairman Acree opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke in favor or in opposition to the proposed ordinance amendments. County Attorney Jones advised that the Continuation of Government Ordinance adopted by the Board on an emergency basis provides for any written comment to be received prior to 11:59 p.m. tonight at which time the public hearing will close and that no action can be taken until April 23, 2020. COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton advised that the Farmer's Market will reopen on May 2nd for produce only with no public browsing and that interested buyers can place their order online and drive through to pay and receive their produce. County Administrator Keaton advised that the Governor has amended non - essential business closings to May 8t". He further advised for informational purposes only the General Assembly is considering 'moving the general election in May and that those jurisdictions that have general elections in May are asking that the elections not be postponed or that a locality have the option to call a special election prior to July 1St. He stated the Town of Smithfield has a general election in May, however, the Town of Windsor does not. County Administrator Keaton disseminated budget changes reflecting the removal of additional money placed in contingency resulting in a reduction in the overall budget and reducing the real property taxes by $200,000; the sales tax revenue projection by $200,000; and, $97,522 from the meals tax. 5 County Administrator Keaton advised that a conversation with the School Superintendent has advised that the schools are anticipating drastic changes in their budget from the State and how it will affect them is unknown at this time. He further advised that he was advised that the Superintendent will be interviewing two firms regarding the design of the Hardy Elementary School. County Administrator Keaton reported regarding the spike in the number of cases of COVID-19 in the County, the County receives information from the Health Department, but is not privy to names/addresses as those are protected health information. He advised that he will be sending information as it is received from the Health Department to the Towns of Smithfield and Windsor. UNFINISHED/OLD BUSINESS Application of Jeremy and Lucy Kooiman, owners, for a Conditional Use Permit for an Accessory apartment in Their Residence Located at 214 Shivers Mill Lane in the Suburban Residential Zoning District Vice -Chairman Grice moved that the Board deny the Kooimans' application for a conditional use permit for an accessory apartment in their residence located at 214 Shivers Mill Lane, based upon the information presented during the public hearing and information provided by staff and that he believes granting the permit would be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and he also does not believe there are any additional conditions, which could be readily enforced, imposed upon this application that would remedy the issues presented. The motion was adopted (5-0) with Supervisors Acree, Grice, McCarty, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS Mary Beth Johnson, Director of Human Resources, provided a renewal synopsis of the County's health insurance program for the new fiscal year which will take effect July 1, 2020. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO APPROVE THE EMPLOYEE HEALTH INSURANCE PLAN OFFERINGS FOR FISCAL YEAR 2020-2021 WHEREAS, the next Employee Health Insurance Plan Year takes effect July 1, 2020; and, WHEREAS, the County participates in The Local Choice Health Insurance Program through Anthem and offers three plans; and, WHEREAS, The Local Choice Anthem Key Advantage 250 Plan, Key Advantage 500 Plan, and High Deductible Health Plan (with Health Savings in Account) are recommended to the Board of Supervisors as the three plan offerings available for the plan year beginning July 1, 2020. NOW, THEREFORE, BE IT RESOLVED that the Health Insurance Plan offerings of The Local Choice Anthem Key Advantage 250 Plan, Key Advantage 500 Plan, and High Deductible Health Plan (with Health Savings Account) are available for employees with employer and employee contribution rates effective July 1, 2020 as referenced in the attached exhibit. BE IT FURTHER RESOLVED that eligibility for participation in the Health Insurance Plan offerings is as follows: All regular full-time employees of the County, to include Appointees and Registrar, as well as elected officials to include Constitutional Officers and Board of Supervisors Members, as well as local state -supported employees of the Isle of Wight Department of Social Services. The motion was adopted (5-0) with Supervisors Acree, Grice, McCarty, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Regarding the coordination of a sign ordinance between the County and the Towns of Smithfield and Windsor, Vice -Chairman Grice suggested that a member of each locality meet and compare the sign ordinances and develop a consensus for presentation. It was the consensus of the Board for County Administrator Keaton to move forward in working with the Director of Planning & Zoning and develop a chart of the major differences in the County's ordinances. County Administrator Keaton requested permission to advocate and ask the Federal delegation to support including local governments in the Payroll Tax Credit since the County is having to pay out Federally mandated leave to employees. Supervisor McCarty moved to authorize the County Administrator to send a letter on behalf" of the Board. The motion -was adopted (5-0) with Supervisors Acree, Grice, McCarty, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. ADJOURNMENT At 7:30 p.m., Chairman Acree declared the meeting adjourned. • wo .1114! EL u 7 Joel C. Acree, Cha