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
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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
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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.
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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.
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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.
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Joel C. Acree, Cha