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09-02-2021 Work Session w -.1. ;� WORK 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 SEPTEMBER 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 Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER Chairman Grice called the work session to order at 6:00 p.m. APPROVAL OF AGENDA: Supervisor McCarty moved that the agenda be adopted as amended with the addition of an Item (G) (Closed Meeting) under the County Administrator's Report. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. INVOCATION Dr. Willis Freeman, Sr. delivered the invocation and led the Pledge of Allegiance to the American Flag. COUNTY ADMINISTRATOR'S REPORT Chris Morello, Director of Economic Development, updated the Board on the next steps towards permit readiness for the Shirley T. Holland Intermodal Park 44-acre site, as follows: . Erosion and Sediment Control Plan . National wetlands permitting to identify wetlands on site . Extend William A. Gwaltney Way for site access . Ramp up marketing efforts with new video A new video entitled "The Video Media Blitz" was shown. 1 Mr. Morello briefed the Board on Business Interruption grants which benefitted 331 businesses resulting in a total grant amount of $1,299,198 and the Gift Card/Voucher Match Program which produced total sales in the amount of $813,480. David Smith, Director of Parks and Recreation, provided an update on trail maintenance operations and budgeted trail upgrades for the Park-to-Park Trail and revenues and expenses received for the Blackwater property. Following a break, Chairman Grice called for discussion on proposed revisions to the tax on consumers of utility services and transient occupancy tax. County Attorney Jones recalled that a review of the County's Taxation Ordinance was conducted in 2018 and a comprehensive amendment proposed to bring the Ordinance into compliance with Virginia law. He stated that the Ordinance was adopted on May 17, 2018 and prior to the amendments, the electric utility consumer tax and the local natural gas utility consumer tax provided for a maximum tax of $200 per month on non-residential customers. He stated after those amendments, the caps on non-residential users were deleted and during discussion of the amendments, it was stated that none of the amendments would result in an increase in taxes. He stated no action was taken on the amendments to the utility consumer tax until June of 2021 and in August, a commercial manufacturer located in the County provided notification that they had received an exponentially large local utility tax increase as a result of the implementation of the Ordinance amendment. He advised if the deletion of the maximum tax levy was the result of a scrivener's error during the drafting process and not the Board's intention, the Board could conduct a public hearing to amend the Ordinance and correct the error. Further, if the amendment was in error, the Board could also authorize a refund to a taxpayer which has paid a tax in excess of the intended maximum amount of$200, subject to verification by the Commissioner of Revenue and County Attorney. The consensus of the Board was that the County Attorney be authorized to advertise the amendments to the tax ordinance and schedule a public hearing for the Board's September 16, 2021 meeting. // Jamie Oliver, Transportation Planner, recalled that the Nike Park Road Extended project will extend Nike Park Road from the intersection of Nike Park and Reynolds to Route 17. She stated that VDOT has not gone to right-of-way acquisition yet and cannot move forward until it can show it has acquired all of the amount required for the project. She stated that additionally, VDOT is currently approximately $4 million to $4.4 million over budget and the County can either provide the shortfall, 2 a.i VDOT can return to the Commonwealth Transportation Board (CTB) and inquire if that shortfall is available for the State from other Smart Scale projects, or the County can offer to cost share and take a cost share proposal back to the Commonwealth Transportation Board. Chairman Grice asked what happens if the County does not cost share with VDOT on the project. Ms. Oliver replied that VDOT would take the project to the Commonwealth Transportation Board (CTB) and ask for the full amount and the CTB would make a decision to provide the shortfall in full so that the project can move forward or cancel the project and disperse the funding to other locality projects. Supervisor McCarty remarked that he is not in favor of cost sharing knowing the financial situation that the County will be facing. Supervisors Jefferson and Rosie commented that they needed more information. Supervisor Acree said he was not in favor of spending this kind of money on this project although the loss of State funding is the taxpayers' money also. Chairman Grice inquired about the financial obligation of the County should this project not proceed forward. Ms. Oliver responded that the County is not in a cash position at this point in time that would need to be paid back; however, the County's loss would be the $11,600,000 in grant funds and loss of opportunity to do this project at $15 million. Supervisor McCarty suggested that staff contact the County's State-elected officials. Ms. Oliver recommended that the Board reach out to the Commonwealth Transportation Board members. Supervisor McCarty recommended that the County solicit partnership with the Town of Smithfield. Ms. Oliver advised that staff has reached out to the Town of Smithfield and briefed them on this situation, but the Town has not offered any contribution at this point. It was the consensus of the Board that any further discussion be postponed until the Board's September 16, 2021 regular meeting and that staff, in the meantime, contact VDOT's regional office to request an extension. Assistant County Administrator Robertson was requested to contact the Budget & Finance office with the request that the Board be apprised regarding the amount currently in the Undesignated Fund Balance; the amount of the cap on the Undesignated Fund Balance; and forecast of a worse-case scenario on future obligations. Assistant County Administrator Robertson notified the Board that staff would return in October with potential dates, places and subject matters for an upcoming Board retreat. Chairman Grice voiced an interest in visiting nearby senior citizens' apartments. 3 Mondays and Tuesdays were noted as good potential days of the week in mid- October. CLOSED MEETING County Attorney Jones requested a closed meeting pursuant to Section 2.2- 3711(A)(1) concerning a discussion regarding the appointment of specific appointees to County boards, committees or authorities, namely the Redistricting Task Force. 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. Upon motion of Supervisor Acree 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. VOTE AYES: Acree, Grice, Jefferson, McCarty. Rosie 4 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 UNFINISHED/OLD BUSINESS Michelle Clark, Director of Human Resources, recalled that staff had addressed the Board at its August 19, 2021 meeting regarding a proposed policy to address COVID-19 vaccinations and COVID-19 testing for employees and the need to require employees and visitors to wear masks/face coverings in all County buildings and facilities. She advised that there are a number of unvaccinated County employees and the anticipated cost per month to pay for testing would put a strain on the County's EMS personnel. She added that four additional part-time personnel would also need to be hired to assist with the testing. Supervisor McCarty stated that he encourages everyone to get vaccinated but realizes that he cannot impose his will on others. He stated that he struggles with throwing an ultimatum at employees when he knows someone that was fully vaccinated who died this week. Supervisor Jefferson encouraged everyone to get vaccinated and added that this is just a layer of what everyone needs to do to provide protection. Supervisor Rosie stated that he does not agree with the proposed policy which infringes on the personal rights and freedoms of the County's employees. Supervisor Acree asked if it is important enough that a policy be developed, then why does this policy not apply to the County's volunteers, particularly first responders. County Attorney Jones advised that staff is discussing how to bring volunteers into a different policy. Supervisor Rosie stated a uniform policy needs to be developed that includes the County's volunteers and employees before moving forward. Chairman Grice stated he has a problem with selective administration of anything and he recommended postponing further discussion until a uniform program consistent for all is developed. Supervisor McCarty moved that the Resolution to Amend Chapter 1: Personnel, Article V, Section 5.15 and Article XI: Miscellaneous Policies and Regulations of the County Policy Manual be tabled for further discussion until additional information can be obtained regarding how everyone in the community can be equally serviced. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. 5 Assistant County Administrator Robertson updated the Board on the sources of local matching funds for the Virginia Technology Initiative (VATI) Grant. He advised that he has contacted the Towns and Schools to see if they would entertain the idea of assisting with the local match and that while he has not yet heard back from Dr. Thornton, town staff had indicated that this might be a reasonable request if the request was to look at those homes within the towns. Supervisor McCarty moved to authorize the Chairman to provide a letter of support inclusive of the local matching funds for the grant application. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. County Attorney Jones asked for the Board's appointees to the Redistricting Task Force. Supervisor McCarty moved to appoint the following individuals to the 2021 Redistricting Task Force: Volpe Boykin (Carrsville District) Edward Whitley (Hardy District) Thomas Finderson (Newport District) Dale Baugh (Smithfield District) Kaleb Kitchen (Windsor District) Martha Jackson (At-large) Pam Cook (At-Large) The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. Supervisor Rosie moved to approve the following Mission Statement of the 2021 Redistricting Task Force created October 21, 2021: The Isle of Wight County Redistricting Task Force was created on September 2, 2021 by the Isle of Wight County Board of Supervisors. The Task Force's mission is to reapportion the representation among the County's five election districts in order to provide, as nearly as is practicable, fair and effective representation for all citizens of the County, including racial, ethnic, and language minorities, in a transparent process, in conformance with the requirements of the Constitutions of the United States and Virginia, as well as State and Federal law. The motion was adopted unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisors voting against the motion. ADJOURNMENT At 11:00 p.m., Chairman Grice declared the work session adjourned. 6 bliettritalro Richard LAN airman Carey Mills Storm, Clerk