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06-10-2021 Regular Meeting REGULAR 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 TENTH DAY OF JUNE 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 meeting to order at 5:00 p.m. APPROVAL OF AGENDA Supervisor Jefferson moved that the agenda be adopted as presented which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: A discussion regarding the sale or leasing of publicly held property, namely, tax map parcel or portion of tax map parcel 21A-01-184 and a portion of the old circuit court clerk's office, and the acquisition of property for the purpose of a road improvement project, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, pursuant to subsection 3. 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 1 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 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION John Hunter, Pastor, Rivers United Church in Walters, delivered the invocation and delivered the Pledge of Allegiance to the flag. CITIZENS' COMMENTS Tory Rowland, Capital Projects Engineer, received a public service award for identifying cost savings of $27,000 related to the Windsor Library addition project. In recognition of his efforts, he will also receive $250 and 8 hours of leave. CONSENT AGENDA Supervisor McCarty moved that the following Consent Agenda be adopted which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion: 2 A. Resolution to Amend the FY2020-21 Budget and Appropriate Funding in the Amount of $153,372 to the County Fair Fund and $45,833 to the Heritage Park Fund to Cover Insufficient Revenues to Cover the Program/Event Expenses B. Resolution to Amend the FY2020-21 Budget and Appropriate Funding in the Amount of $990,000 for Transfer to Debt Service Reserve Fund to Provide Sufficient Funds for Future Debt Service C. Resolution to Amend the FY2020-21 Budget and Appropriate Funds in the Amount of $1,300,000 from the Federal Government for School Breakfast and Lunches Provided During the COVID-19 Pandemic D. April 1, 2021 Work Session Minutes REGIONAL AND INTER-GOVERNMENTAL REPORTS There were no reports offered. APPOINTMENTS Supervisor Rosie moved that Pam Vaughan be reappointed to represent the Carrsville District on the Blackwater Regional Library Board which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion. Supervisor Jefferson moved that Sylvia Claggett be appointed to the Blackwater Regional Library Board representing the Hardy District which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion. Supervisor McCarty moved that Will Drewery be appointed to replace Andrea Clontz on the Hampton Roads Hazards Advisory Committee which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion. Supervisor McCarty moved that Pat Humphries be appointed to replace Jeff Terwilliger on the Hampton Roads All Hazards Advisory Committee which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion. SPECIAL PRESENTATIONS Mark Duncan, Director, Governmental Relations for Riverside Health Systems and Dr. Mike Dacey, Intensive Care Medical Doctor and Chief Operating Officer of Riverside, introduced themselves. 3 Dr. Dacey notified the Board of Riverside Hospital's intention to submit a proposal to State Regulatory bodies to establish a new Riverside acute care hospital facility in the County. He stated the proposed hospital will be a full-scale facility with a total of 50 in-patient beds, including intensive care medicine beds and obstetrical beds, a full-scale emergency department and four operating rooms. He stated that the proposed hospital will be located near the intersection of Routes 258 and 10 in the Benns Grant area. He stated that a Letter of Intent has been submitted to the State and local and community support will help with the application. He stated the economic impact would be significant with the addition of several hundred jobs. Supervisor Acree moved that the following Resolution be adopted which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion: RESOLUTION OF SUPPORT FOR A RIVERSIDE ACUTE CARE HOSPITAL FACILITY IN ISLE OF WIGHT COUNTY WHEREAS, Riverside Health System is applying with the Commonwealth of Virginia for a Certificate of Public Need (COPN) from the State Health Commissioner to establish a new general acute care hospital in Isle of Wight County; and, WHEREAS, the Board of Supervisors desires to improve accessibility of affordable, high quality health care services for its residents and other citizens of the region; and, WHEREAS, a local general acute care hospital facility will allow for more cost effective and timely EMS response and access; and, WHEREAS, with a growing population in Isle of Wight County it is important that residents have a distinct choice in the scope and quality of care of the providers and facilities where health care services are available; and, WHEREAS, the facility will provide economic development and employment opportunities for a rapidly growing portion of Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia, supports the plans and efforts of Riverside Health System to establish a new general acute care hospital in Isle of Wight County. BE IT FURTHER RESOLVED that the Board of Supervisors also supports the application of Riverside Health System for a Certificate of Public Need (COPN) from the Commonwealth of Virginia to establish a new general acute care hospital in Isle of Wight County. // Will Drewery, Emergency Services Coordinator, provided an update on the Covid- 19 count for the County regarding the latest number of cases reported; those cases which required hospitalization; and related deaths. He reviewed a 7-day rolling average; vaccination statistics by age; and County vaccination efforts. 4 COUNTY ATTORNEY'S REPORT County Attorney Jones advised the Board that he has researched the matter of a business owner who wishes to be allowed to breed reptiles and he is requesting the Board's permission to take this supplemental use zoning matter to the Planning Commission for its review in more detail before bringing back a recommendation to the Board. Supervisor McCarty moved to authorize the County Attorney to present the issue of reptile breeding to the Planning Commission and bring the matter back to the Board for consideration which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion. PUBLIC HEARINGS A. Accelerated Properties Conditional Zoning Amendment Trenton Blowe, Principal Planner, presented background information related to the proposed use, results of agency reviews, strengths and weaknesses, and staff's recommendation. Chairman Grice declared the public hearing open and called for persons to speak in favor of or in opposition to the application. Joshua Paul, property owner, appeared and spoke in favor, Chairman Grice closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the application be approved with the proffered condition of no retail sales on site which carried unanimously(5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion. // B. Coastal City Church Rezoning Request Amy Ring, Director of Community Development, provided background information on the rezoning request, staff's analysis of strengths and weaknesses, staff's recommendation and the next steps. Chairman Grice declared the public hearing open and called for persons to speak in favor of or in opposition to the request. Sean Domer, Attorney, explained that Coastal City Church was the merging of two churches together which would like to utilize a piece of land as a satellite parking lot. He stated the church would also like the ability to leave the parking gravel. 5 Chairman Grice closed the public hearing and called for comments from the Board. Chairman Grice recommended some type of marking on the roadway for the safety of people crossing the street from the parking lot to the church. Attorney Domer informed the Board that the Church has a parking team to assist those attending church and the parking surrounding the church will typically be sufficient for most occasions. Supervisor Rosie moved that to approve the rezoning and grant the waiver request which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion. Ms. Ring reviewed background information on the Hardy Elementary School and elevated regional water storage tank for a Conditional Use Permit and Highway Corridor Overlay Exception request. Chris Coleman, Executive Director of Support Services and Operations for the Schools, stood ready to answer any questions. Chairman Grice declared the public hearing open and called for persons to speak in favor of or in opposition to the proposed application. There being no one to speak, Chairman Grice closed the public hearing and called for comments from the Board. Gregg Hayes, Civil Engineer, MSA, addressed the differences between an aluminum fence and a chain-link fence with respect to longevity and age. He called attention to the existing chain-link fence around the school facility that will remain in place to save on cost. He pointed out that the HRSD pump station currently under construction has chain-link fence around its perimeter and there will be landscaping around the perimeter which is not shown on this plan. He stated that the intent of the request is to be consistent and save cost in the amount of$50,000. Chairman Grice moved that the Conditional Use Permit application be approved for the proposed primary educational facility and major utility service, specifically a 500,000 gallon elevated water storage tank, with the condition that a Phase I cultural resource survey be performed and submitted prior to start of construction and to grant Section 6-1010.A.11 of the Highway Corridor Overlay (HCO) District Regulations to Allow a Six Foot Tall Chain-link Fence Around the Stormwater Management Pond, Mechanical Service Areas, Playgrounds, and Site Perimeter within the HCO District which was adopted (3-2) with Supervisors Grice, Rosie and Acree voting in favor and Supervisors McCarty and Jefferson voting against the motion. The School's Finance Director was requested to provide the Board with a report on Cares Act funding and whether or not the Schools would be willing to assist with broadband in the County. 6 COUNTY ADMINISTRATOR'S REPORT County Administrator Keaton offered nothing for discussion. UNFINISHED/OLD BUSINESS Jamie Oliver, Transportation Planner, disseminated copies of the engineering study on the Broadwater Road reconstruction project and recommended next steps. Supervisor Acree notified staff that the shoulder needs some material put along the edge where there is a rut in the pavement. The consensus of the Board was for staff to move forward with the following recommendations: Meet with VDOT to discuss design waivers for reduced footprint; meet with Utilities and do SUE investigation; pavement cores to determine minimum reclamation depth; and develop 30% plans to draft estimate, preliminary drainage reports and schedule for future grant applications. NEW BUSINESS County Administrator Keaton explained that the County currently follows the holiday schedule adopted by the State. He advised that the Lee Jackson holiday was removed from that schedule a couple of years ago and Election Day was added. He further advised that last yearJuneteenth was added as an additional holiday by the Governor, and it was officially added to the holiday schedule by the General Assembly this year. He advised that the Director of Human Resources was directed to poll other localities to determine which holidays are more commonly observed and it was determined that most localities observe the same holidays with the exception of Columbus Day. As a result, Ms. Clarke was requested to develop an idea of swapping Columbus Day out for a flexible day as observed by some of the other localities. Michelle Clark, Director of Human Resources, advised that flexible days off would need to be approved in advance by an employee's supervisor to avoid any scheduling conflicts;the day cannot be carried over into the new fiscal year and would come into effect July 1, 2021 and end June 30, 2022. She further advised that the eight-hour flexible day is not counted in an employee's payout if they separate from the County and that it must be taken in full eight-hour increments. Supervisor Jefferson moved that the following Resolution be adopted which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion: RESOLUTION TO AMEND ARTICLE VI, BENEFITS, SECTION 6.3 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established a Holiday Policy under Chapter 1: Personnel, Article VI, Section 6.3 of the County Policy Manual; and, 7 WHEREAS the Board of Supervisors desires to amend Chapter 1: Personnel, Article VI-Benefits, Section 6.3-Holidays. NOW, THEREFORE, BE IT RESOLVED that Chapter 1 : Personnel, Article VI-Benefits, Section 6.3-Holidays is amended as follows: Article VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014, April 1, 2015, April 16, 2015, January 1, 2018, July 1, 2017, March 19, 2020, July 1, 2020 and July 1, 2021) Section 6.3-Holidays (Revised October 4, 2007, July 1, 2008, December 18, 2014, April 16, 2015, July 1, 201, July 1, 2020, July 1, 2021) Holidays Isle of Wight County shall observe the following holidays and other such holidays as may be prescribed by the Board of Supervisors or by the Governor of the Commonwealth of Virginia, excluding Columbus Day: New Year's Day First day of January Martin Luther King, Jr. Day Third Monday in January George Washington Day Third Monday in February Memorial Day Last Monday in May Juneteenth Nineteenth day of June Independence Day Fourth day of July Labor Day First Monday in September Election Day First Tuesday in November Veterans Day Eleventh day of November Half Day before Thanksgiving Fourth Wednesday in November Thanksgiving Day Fourth Thursday in November and the day after Thanksgiving Day Christmas Day Twenty-fifth day of December and the day before or after Christmas Day Flexible Day 1 day per fiscal year If any holiday falls on Saturday, the Friday preceding the holiday shall be observed. If the holiday falls on Sunday, the following Monday shall be observed. The Board of Supervisors may adjust the schedule to accommodate special circumstances. Scheduling of the Flexible Day shall be approved in advance. The Flexible Day cannot be carried over into the new fiscal year. If an employee separates from employment and has not used the Flexible Day, the employee is not entitled to a payout for any unused Flexible Day. The Flexible Day shall be used as a full day and not taken in increments. 8 All regular full-time employees shall be entitled to holiday time off with pay equal to the employee's regularly scheduled hours of work. All regular part- time employees (those regularly scheduled for 20-29 hours per week) shall be entitled to time off with pay equal to four (4) hours. An employee forfeits eligibility to be compensated for the holidays observed by the County unless the employee works the last scheduled work day before the holiday and the first scheduled workday after the holiday or is on approved leave with pay. If a regular non-exempt full-time employee, except for employees assigned to a 28-day cycle within the Department of Emergency Services and 911 dispatchers, is required to work on the actual and/or observed holiday, he/she shall receive his/her regular rate of pay for all hours worked plus compensatory time off Since regular non-exempt 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 and 911 dispatchers regularly work holidays as part of their normal work schedule, these employees will be paid straight time as holiday pay for the actual and/or observed holiday. Holiday straight time pay for non-exempt full-time employees assigned to a 28-day cycle is equal to twelve (12)hours, with partial holidays prorated (i.e. — half day holiday straight time pay equals to six (6) hours, etc.). Holiday straight time pay for non-exempt full-time employees assigned as 911 dispatchers is equal to the number of hours he/she worked on the actual and/or observed holiday, with partial holidays prorated. If an exempt employee is required to work on a holiday, he/she shall receive compensatory time off equal to the hours worked to be taken another time. If any part-time employee is required to work on a holiday, regardless of his/her status,he/she shall receive pay at the rate of time and a half for all hours worked on the holiday. Assignments for work on a holiday must be approved in advance by the department head or his/her designated representative. Given that the County recognizes the preceding Friday or following Monday but an eligible employee may be required to work on the actual holiday, the employee will be eligible for holiday pay in accordance with this holiday for any hours worked on both the day the County recognizes the holiday and for any work on the actual holiday. If a part-time employee is required to work on a holiday and/or the observed holiday, he/she shall receive time and one-half rate for all hours worked on that date. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. An employee who is on approved leave with pay during a period in which a holiday falls, shall not be charged leave for the observed holiday. An employee who is on military leave with pay during a period in which a holiday falls, shall not receive any additional pay or compensatory leave for the holiday. An employee on Workers' Compensation Leave will not receive holiday pay. In the case of an employee who terminates employment and the last day actually worked is the last work day before a holiday, the employee is not eligible for holiday pay 9 unless the holiday is the last day of the pay period and the employee has been on active status for the full pay period. For Religious or other National Holidays, with leave approved by the supervisor, an employee may request authorized leave with pay as follows: • Request charged to compensation time off(if applicable) • Request charged to annual or personal leave In recognition of Judy Winslow's departure from the County, Supervisor McCarty moved that the following Resolution be adopted which carried unanimously (5-0) with Supervisors Grice, Rosie, Acree, McCarty and Jefferson voting in favor and no Supervisor voting against the motion: RESOLUTION TO APPRECIATE JUDY HARE WINSLOW WHEREAS, Ms. Judy Hare Winslow began her employment with the County of Isle • of Wight, Virginia as the Director of Tourism in January 2006; and, WHEREAS, during her tenure with the County, Ms. Winslow tirelessly promoted the County's assets and developed programs and events to attract visitors from all over the world to Isle of Wight County; and, WHEREAS, Ms. Winslow distinguished herself as one of the leading professionals in the Commonwealth of Virginia as evidenced by her service to local boards, commissions, and committees, regional organizations, and statewide as a leader of the Board of Directors of the Virginia Association of Convention and Visitor's Bureaus and the Virginia Association of Destination Marketing Organizations; and, WHEREAS, Ms. Winslow has tendered her resignation from formal employment with Isle of Wight County and will be greatly missed. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and appreciates Judy Hare Winslow for outstanding achievement and distinguished service to the citizens of Isle of Wight County in the role of Director of Tourism BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors extends to Judy Hare Winslow its best wishes for her future endeavors and orders that a copy of this Resolution be spread upon the minutes of this Board this tenth day of June 2021. so ADJOURNMENT At 8:30 p.m., Chairman Grice declared the meeting adjourned.Richard L. airman Carey Mills Storm, Clerk 11