01-21-2021 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 TWENTY-FIRST DAY OF JANUARY IN THE YEAR TWO
THOUSAND AND TWENTY ONE
PRESENT:
Richard L. Grice, Smithfield District, Chairman
Don G. Rosie, II, Carrsville District, Vice -Chairman
Rudolph Jefferson, Hardy District
William M. McCarty, Newport District
Joel C. Acree, Windsor 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
CALL TO ORDER
Chairman Grice called the regular Board of Supervisors' meeting to order at 5:00
p.m.
APPROVAL OF AGENDA
Supervisor McCarty moved that the agenda be adopted as presented. The motion
was adopted unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson
and Rosie voting in favor of the motion and no Supervisors voting against the
motion.
CLOSED MEETING
County Attorney Jones requested a closed meeting pursuant to Section 2.2-
3711(A) of the Code of Virginia for the limited purpose of:
1. A discussion regarding the acquisition of real property for the public
purposes of the extension of County water and/or sewer, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the Board as well as consultation
with legal counsel employed by the Board regarding the same requiring
the provision of legal advice by such counsel, pursuant to subsection 3
and 8; and
2. A discussion regarding the appointment of specific appointees to
County boards, committee or authorities pursuant to subsection 1, to
include those listed in the agenda; and
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3. A discussion regarding the performance of a specific County employee,
including the County Attorney, pursuant to subsection 1
Upon motion of Supervisor Jefferson and all voting in favor (5-0), the Board
entered the closed meeting for the reasons stated by County Attorney Jones.
Upon motion of Supervisor Jefferson 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 Acree 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
INVOCATION
Reverend Bracy, First Gravel Hill Baptist Church, delivered the invocation and led the
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Pledge of Allegiance to the flag.
CITIZENS' COMMENTS
No one appeared and spoke.
CONSENT AGENDA
A. Resolution to Accept and Appropriate a Vehicle Donated from Windsor
Volunteer Rescue Squad (2005 Ford Expedition) $5,000
B. Vehicle Grant Agreement for the Rushmere Volunteer Fire Department Fire
Engine
C. Resolution to Amend the FY2020-2021 Operating Budget and Appropriate
Funding for Replacement of County Property from Insurance Proceeds
($19,452 for the replacement of an emergency response vehicle and
equipment)
D. Resolution to Amend the FY2020-21 Budget and Appropriate Funding from
Virginia Department of Housing and Community Development COVID-19
Municipal Utility Relief Program ($58,656)
E. Resolution to Accept Funding in FY2020-21 from the Virginia Office of
Emergency Services Grants Program ($96,500 for the purchase of a new
ambulance)
F. September 17, 2020 Regular Meeting Minutes
Supervisor McCarty moved that the Consent Agenda be approved as presented.
The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty,
Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor McCarty distributed information from the Hampton Roads
Transportation Accountability Commission for the Board's information.
Supervisor McCarty distributed information from the Hampton Roads Planning
District Commission regarding the economic forecast.
Vice -Chairman Rosie provided highlights on items discussed at the most recent
meeting of the Hampton Roads Military Federal Facilities Alliance.
Chairman Grice provided a briefing on his attendance at the Kings Creek
Commerce Center.
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County Administrator Keaton provided a briefing on the COVID-19 vaccine
discussed at the most recent meeting of the Hampton Roads Planning District
Commission.
APPOINTMENTS
Supervisor McCarty moved that William Hulick be reappointed to serve on the
Planning Commission representing the Newport District. The motion carried
unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that Janet Robertson be reappointed to serve on the
Commission on Aging representing the Hardy District. The motion carried
unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that Bobby Bowser be reappointed to serve on the
Planning Commission representing the Hardy District. The motion carried
unanimously (5-0) with Supervisors Acree, Grice, McCarty, Jefferson and Rosie
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor McCarty moved that the following individuals be appointed to the Fair
Executive Committee: Danny Byrum; Michelle Billups; Robert Claud; Debbie
Braswell; and, Kim Garrett. The motion carried unanimously (5-0) with
Supervisors Acree, Grice, McCarty, Jefferson and Rosie voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor McCarty moved that the following list of Board Committees be
adopted:
COMMITTEES MEMBER
Capital Improvements Plan Rosie
Commission on Aging Grice
Community Development Grice
(ED, Planning, Inspections, Rosie
Utilities)
Franklin Intergovernmental Acree
Relations Committee Rosie
Hampton Roads Workforce Council Acree
Intergovernmental Water &
Sewer Task Force
Joint Tourism
Acree
Grice
TERM EXPIRES
January 2022
January 2022
January 2022
January 2022
January 2022
January 2022
January 2022
January 2022
January 2022
Jefferson January 2021
McCarty January 2022
Keaton (Alternate)
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Parks, Recreation &
Jefferson
January 2022
Cultural
McCarty
January 2022
Personnel
Jefferson
January 2022
Acree
January 2022
Public Safety
Jefferson
January 2022
(Fire, EM, 911, Sheriff)
Acree
January 2022
Public Works
Acree
January 2022
(Trash, Bldg, Refuse, Fleet)
McCarty
January 2022
Smithfield Intergovernmental
Jefferson
January 2022
Relations Committee
Grice
January 2022
Social Services Board
Jefferson
January 2022
Special Needs Task Force
Acree
January 2022
Rosie
Stormwater Advisory Committee
Grice
January 2022
McCarty
Windsor Intergovernmental
Acree
January 2022
Relations Committee
Rosie
January 2022
The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty,
Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor McCarty moved that the following list of Board regional organizations
be adopted:
ACREE
Hampton Roads Workforce Council
Hampton Roads Planning District Commission
Western Tidewater Water Authority
GRICE
Eastern Virginia Regional Industrial Facility Authority
Western Tidewater Water Authority
JEFFERSON
Western Tidewater Regional Jail
McCarty
Hampton Roads Transportation Accountability Committee
Hampton Roads Transportation Planning Organization
Western Tidewater Regional Jail
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ROSIE
Hampton Roads Military Federal Facilities Alliance
The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty,
Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
SPECIAL PRESENTATIONS
The following County Fire Medics were recognized for receiving a Heart Saver
Award from Riverside Hospital: Delaney Townsend; Christopher Smith; LeVario
Franklin; and, Kaven Melton
COUNTY ATTORNEY'S REPORT
County Attorney Jones requested authorization to take appropriate action to have
the structure located at 15396 Courthouse Highway demolished.
Supervisor Acree moved that the County Attorney be authorized to take the
appropriate actions to have the house demolished at 15396 Courthouse Highway.
The motion carried unanimously (5-0) with Supervisors Acree, Grice, McCarty,
Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
The Board took a recess and returned to open meeting.
PUBLIC HEARINGS
Application of Windsor PVI, LLC, to amend a Conditional Use Permit to establish a
Major Utility Service, specifically a Utility Scale Solar Energy Facility, on additional
properties zoned Rural Agricultural Conservation located at 24345 Knoxville Road
and 8347 Willie Roberts Road.
Trenton Blowe, Planner, provided background information on the application.
Tom Terrell, Attorney representing Windsor PVI, introduced Chris Sanderfoot and
Richard Kirkland.
Phillip Martin, Director for Community Engagement, Ecoplexus, reviewed the
application, site details, the fiscal impacts, the benefits of solar locally and
interconnection and DEQ permit. He suggested that the concept plan be followed
as it relates to where panels are moved from Willie Roberts Road.
Chairman Grice closed the public hearing and called for those to speak in favor of
or in opposition to the application.
DeWitt Wilson Holland, President of DeWitts Automotive Center, spoke in favor
of the application stated he sees more pros than cons with having a solar farm.
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He noted there comes a time in every farmer's life where he needs to make a
change and he wishes the Board would embrace solar farming in the County.
James Reynolds of Willie Roberts Road spoke in opposition of the application in its
current form stating it is too close to his property. He expressed a need to
increase the setbacks with berms and multi -layered buffers. He stated there is a
negative impact to his property value and marketability should he ever choose to
sell the property.
County Attorney Jones read the following letter into the record:
December 18, 2020
Planning & Zoning Department
RE: Solar Farm on Willie Roberts Road
I, Donna Roberts Ealy, grandfather, Charles Roberts, purchased this land and I was
reared on this 126 acres which has been in our family for over 107 years since
1913. Adjacent land of Mr. Jim Burton farm has always been there also. My
neighbor, Mr. Burton, did tell us he was not going to do a solar farm and I just
knew he was a man of his word, but we still love him, just not agree with him. I
take pride in the rural community where one can enjoy the sights of beautiful
peaceful quiet living. I hope that Milton Ealy and I are in the process of
completing a home that we are building on Willie Roberts Road and right beside
where the solar farm will begin. The property value of my neighbor and myself
will be decreased tremendously and when we look at this, it is not just about us,
but the future of our families, grandchildren, great grandchildren and the
generations to come. It seems like everyone is concerned about money in this
era, but what about health problems along with environmental habitat which
includes the vegetation and birds. In my study of solar farms in 2016 it states that
solar farms kill 149,000 birds annually and known to wipe out whole species of
birds in certain areas. I love nature, especially the birds singing and the snowbird
walking on the ground and letting me know that it is going to snow soon, and
rabbits and squirrels and the list goes on and on. No price of money can take the
place of what God has given us to enjoy so to have an industrial property to
diminish and come to destroy what we have been good stewards over for so
many years and for the benefit of corporate gain is just wrong. Solar farm has
been posted all around Knoxville and Blackwater Roads and already these roads
are too close to Willie Roberts Road. Once solar farm is in process and completed
no one will purchase property within the view of an eight -foot chain-link with
barbwire and rows upon rows of solar panels. Will our taxes go down drastically
and remain the way for the duration of these solar farms? I am also worried
about the health and safety of massive solar farm ----- solar panels, radiation,
electromagnet fields and what these potential issues do to our health possibly
drinking water being contaminated along with breathing the toxic fumes and it
really worries me if lightning strikes one of the panels it would be massive fire or a
tornado which I have seen in the field several times. My closing remarks please
consider what we have said in this statement. Attached is a picture of how it
would look every day of our lives. No change in the seasons. This is what we will
be looking at this is the present scenery. I know clean energy is important, but I
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am sure there are plenty of fields that don't have neighborhoods and residential
property. In my opinion, they only using the best farms. What is it looking like for
future farmers of America will raise crops or just solar farms? Crops are just as
important. Also, I received no notification from County of this meeting. Thanks.
Have a blessed Christmas and a happy New Year.
Attorney Terrell rebutted that Ecoplexus as a business model that is known
widely, they build they keep they hold. They sell to companies such as Dominion
and Duke Energy. The vegetative buffer is what makes a difference not the
distance from the home to the solar farm.
Rich Kirkland, certified appraiser in Virginia and North Carolina, clarified that
there is no evidence of a decrease in property values, as illustrated in the solar
panels at the Grandy site in Currituck County of which there have been two sales
next to the solar farm. He reiterated that there have been no impacts as a result
of solar panels being located next to residences as close as 100 feet.
Chris Sanford of Spring Hope, North Carolina, an Electrical Engineer, stated that
there is no impact to health and safety. These panels are not the type of panels
that kill birds and they contain no toxic chemicals.
Chairman Grice closed the public hearing and called for comments from the
Board.
Supervisor Acree brought up the solar farm located on Woodland Drive and
stated that although the family attempts to take care of it, it is an example of
what not to do. He requested a report on the negotiations underway to improve
this site and noted the need of a buffer.
Ms. Ring reviewed the decommissioning plan contained in the County's ordinance
with the Board which is required prior to any zoning permit being issued in
accordance with what is required under the Code of Virginia.
Vice -Chairman Rosie inquired if the applicant would be willing to include a 300 -
foot setback with a berm and multi -layered vegetation to help with the aesthetics
of the property.
Mr. Kirkland responded that they were site constrained on this property following
the wetlands delineation and every bit of additional land that could be taken was
taken in order to make this application work. He offered a condition of a berm
around the residential properties with a 150 -foot setback.
Supervisor Jefferson remarked that one of two property owners have decided to
repurpose their land, and this might provide a way to get some additional income
to sustain their way of life. He stated if the two parties can work together or the
Board puts something place to negate the negative for the affected homeowner,
the project will be successful.
Chairman Grice advised that it is the ongoing maintenance which concerns him.
He remarked that the Route 460 project is unsightly and is not being properly
maintained. He expressed his approval of scheduled inspections.
Supervisor Rosie moved that the application be approved with the conditions
presented by staff as amended to include a 150 -foot setback and a four -foot berm
along the property lines of Mr. Reynolds. The motion carried unanimously (4-0)
with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion;
no Supervisors voting against the motion; and, Supervisor McCarty absent for the
vote.
COUNTY ADMINISTRATOR'S REPORT
Judy Winslow, Director of Tourism, and Jessica Healy, President, Chamber of
Commerce reported on the Gift Card Match Program. Sales for Round 1 were
$205,880; sales for round two were $607,600; for total sales of $813,480.
Assistant County Administrator Robertson provided a legislative update of the
2021 General Assembly session with emphasis on Senate Bill 1170 created to
provide an additional 1% sales tax specifically for school construction. He noted
that staff will continue to track this bill.
A list of recipients of Caught You Caring Awards for the second quarter of FY2020-
21 were highlighted by County Administrator Keaton.
Matters for the Board's information were highlighted by County Administrator
Keaton.
The Board took a break and returned to open business.
UNFINISHED/OLD BUSINESS
Following an update from Assistant County Administrator Robertson on the
Windsor Town Council's response regarding the potential relocation of the
Confederate Statue located in front of the Courthouse complex to the Windsor
cemetery, the consensus of the Board was for Messrs. Keaton and Robertson to
advise the Town that the Board would like for the Town to proceed with soliciting
input from the public via utility bills which would take approximately 60 days to
receive feedback from the Town. The Board also agrees that while the County is
waiting on a response from the Town of Windsor that it also discusses the second
alternative on the list and talk to Volpe Boykin should the relocation to the
Windsor cemetery not work out.
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Following discussion on a cost -of -living allowance for County employees,
Supervisor Acree moved to approve a 2% increase, effective February 1, 2021, for
a seventeen -month period. The motion carried unanimously (4-0) with
Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion; no
Supervisors voting against the motion; and, Supervisor McCarty absent for the
vote.
Supervisor Acree asked that staff develop a list of currently offered benefits and
return with same to the Board for review and potential enhancement along with
examples of enhanced benefits such as rewards for employees with longevity of
service.
Chairman Grice requested staff to develop a merit reward program consisting of
funds to be set aside as determined during the budget process, and that staff who
are identified for outstanding performance during the evaluation process receive
a one-time extra amount for outstanding performance. These funds are to be
equitably distributed throughout all staff and would be in addition to any cost -of -
living increase.
Amy Ring, Director of Community Development, reviewed the proposed revision
to the Isle of Wight County Zoning Ordinance related to a new definition of the
term "junk" as follows: Junk.\"Junk" shall mean any worn, cast off, or discarded
article or material which is ready for destruction and has been collected or stored
for salvage or conversion to some use. (See also "scrap and salvage services" in
Section 3-7000.)
Supervisor Acree moved to approve the changes as presented. The motion
carried unanimously (4-0) with Supervisors Acree, Grice, Jefferson and Rosie
voting in favor of the motion; no Supervisors voting against the motion; and,
Supervisor McCarty absent for the vote.
Resolution to Amend the Established Regular Meeting and Work Session Schedule
for 2021
Supervisor Rosie moved that the following Resolution to Amend the Established
Regular Meeting and Work Session Schedule for 2021 be adopted and the
following scheduled approved:
RESOLUTION TO AMEND THE ESTABLISHED REGULAR MEETING
AND WORK SESSION SCHEDULE FOR 2021
WHEREAS, at its organizational meeting on January 7, 2021, the Board of
Supervisors of the County of Isle of Wight (hereinafter referred to as "the
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Board") adopted a resolution to establish its meeting schedule for calendar
year 2021; and,
WHEREAS, the Board established that its regular meetings shall be held in
the Robert C. Claud, Sr. Board Room on the third (3rd) Thursday of the
month unless otherwise set by the Board; and,
WHEREAS, regular meetings shall begin at 5:00 p.m. for closed session
purposes only, with all other matters to be heard and considered at 6:00 p.m.;
and,
WHEREAS, work session meetings shall be held on the first (1St) Thursday
of every month, at the same place as regular meetings, and shall begin at 6:00
p.m. unless otherwise set by the Board; and,
WHEREAS, the Board desires to amend its meeting schedule for calendar
year 2021 to accommodate the varied schedules of individual Board
members.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that regular
meetings and work sessions of the Board shall be amended and held as shown
on the attached calendar for 2021:
Thursday, January 7th
11:00 a.m.
Organizational
Thursday, January 7th
Following Organizational
Work Session
Thursday, January 21st
5:00 p.m.
Regular Meeting
Thursday, February 4th
6:00 p.m.
Work Session
Thursday, February 18th
5:00 p.m.
Regular Meeting
Thursday, March 4th
6:00 p.m.
Work Session
Thursday, March 18th
5:00 p.m.
Regular Meeting
Thursday, April 1st
6:00 p.m.
Work Session
Thursday, April 15th
5:00 p.m.
Regular Meeting
Thursday, May 6th
6:00 p.m.
Work Session
Thursday, May 20th
5:00 P.M.
Regular Meeting
Thursday, lune 3rd
6:00 p.m.(Optional Work Session)
Work Session
Thursday, June 10th
5:00 P.M.
Regular Meeting
Thursday, July 15th
3:00 p.m. (Optional Work Session)
Work Session
Thursdays, July 15th
5:00 P.M.
Regular Meeting
Thursday, August 5th
6:00 p.m.
Work Session
Thursday, August 19th
5:00 p.m.
Regular Meeting
Thursday, September 2nd
6:00 p.m.
Work Session
Thursday, September 16th
5:00 p.m.
Regular Meeting
Thursday, October 7th
6:00 p.m.
Work Session
Thursday, October 21st
5:00 p.m.
Regular Meeting
Thursday, November 4th
6:00 p.m.
Work Session
Thursday, November 18th
5:00 P.M.
Regular Meeting
Thursday, December 9th
3:00 p.m.
Work Session
Thursday, December 9th
5:00 P.M.
Regular Meeting
Thursday, January 6, 2022
11:00 a.m.
Organizational
Thursday, January 6, 2022
Following Organizational
Work Session
The motion carried unanimously (4-0) with Supervisors Acree, Grice, Jefferson and
Rosie voting in favor of the motion; no Supervisors voting against the motion;
and, Supervisor McCarty absent for the vote.
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NEW BUSINESS
Designate the Old MCI Bus as Surplus and Authorize Donation to Surry County
Emergency Services
Supervisor Acree moved that the old MCI Bus be designated as surplus and
authorize donation of said vehicle to Surry County. The motion carried
unanimously (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in
favor of the motion; no Supervisors voting against the motion; and, Supervisor
McCarty absent for the vote.
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Resolution to Amend Chapter 1, Personnel, Article V, Section 5.15 of the County
Policy Manual
Supervisor Acree moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V,
SECTION 5.15 OF THE COUNTY POLICY MANUAL
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, Section 5.15 of the County Policy Manual to incorporate the
provisions, guidelines, 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, Section 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 S, 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, January 7, 2021,
lanuaru21 20211
Section 5.15 - Public Health Emergency Leave
(March 19, 2020, Revised April 1, 2020, January 7, 2021, qnuaU 21
LQ2 J
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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 may grant, without requirement of
repayment, regular part-time employees (those working between 20-29
hours per week on a regular basis) PHE leave in the 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 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 PHE leave has been exhausted, should an employee be
asked to or be required to remain away from the workplace, the
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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 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 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 March 31,
2021, 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.
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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:
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
15
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.
/accination Polio
n accordance with Isle of Wight County's duty to provide and maintain
workplace that is free of known hazards, we are adopting this policy tc
safeguard the health of our employees and their families; and thL
ommunity at large from infectious diseases, such as COVID-19 og
nfluenza, that may be reduced by vaccinations. This policy will comp
Elplica
th all applicable laws and is based on guidance from the Centers fog'
sease Control and Prevention and local health authorLies
bleM ., ., a. �....m.....�.Y --
employees will be notified once a vaccine becomes available an
so notified, are requested to receive such vaccination(s), unless
nable accommodation is approved. Employees who choose to not
receive such vaccination(s) once it b
oto receive PHE Leave as -provided at
mployees will be notified as to the type of vaccination(s) covered b`
its policy and the timeframes) for having the vaccine(s) administer(
le of Wight County will provide either onsite access to the vapcin
list of loeatio
in receivin
le of Wight County will pay for all vaccinations. When not r
house-, payment for the vaccinations should be submit to
r-ough
employees' health insurance whey ; livable and oto
A- muted f�T rteinibmrse`r efi .
employees will be paid for time taken to receive vaccinations.
Mite vaccinations, employees are to work with their mana. ers
;,hedule aDDron.riate time to comely with this noliev
efore the stated deadlines to be 4vaccinated have expired, employee
ill be required to provide either proof of vaccination or an approved
easonable accommodation to be exempted from the requirements
mployees in need of an exemption from this policy due to a medica
ason, or because of a sincerely held religious belief must submit d
)mpleted Request for Accommodation form to the Human Resource
epartment to begin the interactive accommodation process as soon a�
)ssible after vaccination deadlines have been announced
will be iaranted where
e Isle of Wi
undue hardship or Dose �awdirect threat to the health and safety o
The motion carried unanimously (4-0) with Supervisors Acree, Grice, Jefferson and
Rosie voting in favor of the motion; no Supervisors voting against the motion;
and, Supervisor McCarty absent for the vote.
Adjustment of Human Resources Assistant Position from Part-time to Full-time
Status
Supervisor Jefferson moved to authorize the Human Resources position from
part-time to full-time, effective February 1, 2021. The motion carried
unanimously (4-0) with Supervisors Acree, Grice, Jefferson and Rosie voting in
favor of the motion; no Supervisors voting against the motion; and, Supervisor
McCarty absent for the vote.
ADJOURNMENT
At 10:00 p.m., Chairman Grice declared the meeting adjourned.
�Lq*l
Carey Mig Storm, Clerk
17
Richard L. E15irman