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03-18-2021 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 EIGHTEENTH DAY OF MARCH 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 The following matters were identified for discussion in closed meeting by County Attorney Jones: A discussion regarding the appointment of specific appointees to County boards, committee or authorities as set forth in the agenda, pursuant to subsection 1; a discussion regarding the sale or leasing of publicly held property, namely, tax map parcels or portions of tax map parcels 04B -03-K007, 23-01-014, 21A-01-184, 21-01-083 and 38-01-034 where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3; consultation with legal counsel regarding actual litigation regarding stormwater outfall where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7; and, consultation with legal counsel employed by the Board regarding specific legal matters requiring the provision of legal advice by such counsel, namely the provisions of a MOU regarding the Windsor Town Center pursuant to subsection 8. 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. 1 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 Jefferson 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. AYES: Acree, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Pastor Dan Harsey, CenterPoint Community Church, delivered the invocation and led the Pledge of Allegiance. CITIZENS' COMMENTS No one appeared and spoke. 00 CONSENTAGENDA A. Resolution to Amend the FY2020-21 Grant Fund Budget and Appropriate Funding for the Department of Criminal Justice Services Violence Against Women's Act Grant ($23,096 with local match of $7,699) B. Resolution to Amend the FY2020-21 Budget and Appropriate Funding from the Virginia Department of Education for School Security Grant ($151,380) C. Seventh Amended Charter Agreement of the Hampton Roads Workforce Council D. 2020 Planning Commission Annual Report E. Employment Agreement (County Attorney) F. Minutes November 19, 2020 Regular Meeting Minutes December 10, 2020 Work Session Minutes December 10, 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 No reports were offered. APPOINTMENTS Supervisor Acree motioned to reappoint Pat Humphries to serve on the Tidewater Emergency Medical Services. 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. Chairman Grice motioned to reappoint James Collins to serve on the Economic Development Authority representing the Smithfield 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. Chairman Grice motioned to reappoint Tim Hillegass to serve on the Economic Development Authority representing the Town of Smithfield. 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. Chairman Grice motioned to reappoint James Wesley Brown representing the Smithfield District on the Wetlands Board. 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. el SPECIAL PRESENTATIONS Judy Winslow, Director of Tourism, provided an overview of the Smithfield/Isle of Wight Convention and Visitors Bureau 2020 Annual Report. COUNTY ATTORNEY'S REPORT County Attorney Jones provided an overview of the Planning Commission's amended bylaws which incorporates language to allow for remote participation of Commission members who are unable to appear in person due to a personal or medical reason. Supervisor McCarty moved that the proposed amendment containing the statutorily required language to allow for remote participation of Commission members who are unable to appear in person due to personal or medical reasons be adopted. 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. PUBLIC HEARINGS Resolution to Amend the FY 2020-21 Operating Budget and Appropriate Funding for 2020A General Obligation Bond Capital Projects ($34,733,997) County Administrator Keaton presented Smithfield Volunteer Fire Department's request to move forward earlier with placing the order for the Smithfield Ladder truck which is scheduled for funding not until July of 2022 citing rising prices and an influx of truck orders. Chairman Grice called for persons to speak in favor of or in opposition. No one appeared and spoke. Chairman Grice closed the public hearing and called for comments from the Board. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2020-2021 OPERATING BUDGET AND APPROPRIATE FUNDING FOR 2020A GENERAL OBLIGATION BOND CAPITAL PROJECTS WHEREAS, the Board of Supervisors approved the FY 2021-30 Capital Improvements Program; and, WHEREAS, the Board of Supervisors approved the issuance of a General Obligation Bond to fund Capital Improvements within the FY 2021-30 Capital Improvements Program; and, WHEREAS, the Board of Supervisors desires to amend the FY 2020-2021 Capital Fund Budget for the Cost of Issuance, Underwriting and the Capital Projects approved for Bond funding in the FY 2021-30 Capital Improvements Program budget, as amended M September 17, 2020, in the amount of $34,733,997 (thirty-four million seven hundred thirty-three thousand nine hundred ninety-seven); and, WHEREAS, the Board of Supervisors must appropriate funding for the Capital Project Fund Budget with the intention that this funding be assigned to these projects and carried forward to future Fiscal Years until completion. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2020-2021 Budget is hereby amended and funds appropriated in the amount of $34,733,997 (thirty-four million seven hundred thirty- three thousand nine hundred ninety-seven) for the 2020A General Obligation Bond funded Capital Projects. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. 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. COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton advised that an application for individuals desiring to serve on Boards/Committees/Commissions is now on the County's website. Assistant County Administrator Robertson provided a review of the following pertaining to the COVID-19 vaccine rollout in Western Tidewater: The overall Covid-19 count for Isle of Wight; 7 -day rolling averages; vaccine doses administered by locality or residence; vaccine rollout; and, the statewide pre- registration system UNFINISHED/OLD BUSINESS Gerald H. Gwaltney, Commissioner of Revenue, highlighted SB1326 which extends cigarette taxing authority to counties beginning July 1, 2021. Such legislation will allow for local administration of tax or for the creation of a regional board which is required to consist of six localities. The legislation caps the maximum rate of $.40 per pack with estimated revenue in the amount of $300,000. The implementation timeline was provided which shows that consumers could begin paying the tax by September of 2021. He recommended the Board authorize the County Attorney to draft an ordinance for consideration by the Board at its next meeting. Supervisor McCarty inquired what additional expenses would be expected in order to oversee this on a local level. Commissioner Gwaltney responded he would estimate the total cost for administering the program would be between $20,000 and $25,000 including benefits. Stamps for one year would be another $4,700. Supervisor McCarty advised that he has been contacted by numerous businesses who have expressed their concern that customers currently 5 traveling to the County to purchase cigarettes would no longer do so because the tax imposed by the County would equal the tax charged in surrounding It was the consensus of the Board that it would not be wise to exceed the tax in the Town of Windsor and that the funds be earmarked for debt service. Supervisor McCarty advised that he is not in favor of more than a $.20 tax per pack of cigarettes and Supervisor Jefferson recommended the tax be at least $.30 per pack. Supervisor Jefferson motioned to authorize the County Attorney to draft an ordinance for consideration at the Board's April meeting. The motion carried unanimously (4-1) with Supervisors Acree, Grice, Jefferson and Rosie voting in favor of the motion and Supervisor McCarty voting against the motion. NEW BUSINESS Michelle Clark, Director of Human Resources, provided an overview of this year's health insurance renewal and requested the Board to adopt a resolution setting the health care rates for 2022. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO APPROVE THE EMPLOYEE HEALTH INSURANCE PLAN OFFERINGS FOR FISCAL YEAR 2021-2022 WHEREAS, the next Employee Health Insurance Plan Year takes effect July 1, 2021; 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 Account) are recommended to the Board of Supervisors as the three plan offerings available for the plan year beginning July 1, 2021. 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, 2021 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. R Pat Humphries, Chief of Emergency Services, presented a request from the Isle of Wight Volunteer Rescue Squad for the purchase of a 2022 Horton Model 603 F ambulance. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2020-2021 BUDGET AND APPROPRIATE FUNDING FOR ADDITIONAL COST OF AMBULANCE PURCHASE ISLE OF WIGHT VOLUNTEER RESCUE WHEREAS, the Board of Supervisors has approved funding for the purchase of an ambulance for the Isle of Wight Volunteer Rescue Squad in the amount of two hundred thirty-five thousand dollars ($235,000); and, WHEREAS, the selected, equipped vehicle exceeds the budgeted appropriation by four thousand six hundred thirty-seven dollars ($4,637); and, WHEREAS, the Isle of Wight Volunteer Rescue Squad has agreed to issue a check to Isle of Wight County for the additional cost of the purchase; and, WHEREAS, the Board of Supervisors desires to amend the FY 2020-2021 Capital Project Fund Budget in the amount of four thousand six hundred thirty-seven dollars ($4,637) from the Isle of Wight Volunteer Rescue Squad for the purchase of the ambulance; and, WHEREAS, the Board of Supervisors needs to appropriate four thousand six hundred thirty-seven dollars ($4,637) for the purchase of the ambulance. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the FY 2020-2021 budget is hereby amended, and funds appropriated in the amount of four thousand six hundred thirty-seven dollars ($4,637) or so much as shall be received from the Isle of Wight Volunteer Rescue for the additional cost of the ambulance purchase. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. 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. Amy Ring, Community Development Director, presented an overview of the Community Development permitting activity. Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO AMEND THE FY 2020-2021 OPERATING BUDGET AND APPROPRIATE FUNDING TO GENERAL FUND AND STORMWATER 7 OPERATING BUDGETS FOR NEW PERMITTING AND INSPECTIONS POSITIONS WHEREAS, the Board of Supervisors has authorized the creation of a new Permit Technician and a new Codes Compliance Inspector II/Plans Examiner positions in order to address the increased permitting, plan review, and inspections needs of the County's growing population; and, WHEREAS, the annual personnel costs ($148,164) and supplies, equipment, and vehicle costs ($36,336) will be funded by the increase in permitting revenue, and stormwater fees in current and future budget years; and, WHEREAS, funding in the amount of seventy-three thousand three hundred seventy-five dollars ($73,375) needs to be budgeted and appropriated for personnel and equipment expenses and increased permitting revenues to the FY 2020-2021 General Fund and Stormwater Operating Budgets. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the FY 2020-2021 budget is hereby amended and funds appropriated in the amount of seventy-three thousand three hundred seventy-five dollars ($73,375) to the appropriate line item(s) in the FY 2020-2021 Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. 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. ADJOURNMENT At 7:45 p.m., Chairman Grice declared the meeting adjourned. &*qu_en1 Richard L.e, DChirman Careyi Is Storm, Clerk