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06-1-2023 Work SessionWORK 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 FIRST DAY OF JUNE IN THE YEAR TWO THOUSAND AND TWENTY-THREE BOARD MEMBERS PRESENT: William M. McCarty, District 2, Chairman Joel C. Acree, District 4, Vice -Chairman Richard L. Grice, District 1 Don G. Rosie, II, District 5 Rudolph Jefferson, District 3 STAFF MEMBERS PRESENT: Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Robert W. Jones, Jr., County Attorney Carey Mills Storm, Clerk CALL TO ORDER Chairman McCarty called the work session to order at 6:00 p.m. INVOCATION Gerald H. Gwaltney, Commissioner of Revenue, delivered the invocation and led the Pledge of Allegiance. PUBLIC HEARING Chairman McCarty called for a public hearing on the following Ordinance to Set the Tax Rate. County Attorney Jones advised that the public hearing is on the effective tax rate increase which is necessary because the increase is greater than 1% due to the recent real estate reassessment and to adopt the County's tax rates with the exception of the personal property which was set earlier this year. Chairman McCarty opened the public hearing and called for persons to speak in favor of or in opposition to the proposed Ordinance. Gerald H. Gwaltney, Commissioner of Revenue, showed a PowerPoint presentation providing the final reassessment results which revealed a 34% increase in residential properties; a 26% increase in multi -family properties; and, an 11% increase in commercial properties. His presentation concluded with a review of the tax relief program for the elderly and disabled. Herb DeGroft of District 5 spoke in favor of tax relief for the elderly and disabled and of the Board reducing the tax rate from $.85 to $.71. He further requested the Board to consider reducing the tax rate even further to $.66. 1 Ralph Caldwell of Woodcreek Lane requested the tax rate be reduced to $.66 range. Dean Jones of Walters notified the Board that his property experienced an increase of 58%. Andrea Margrave of the Newport District referred to the slide shown by the Commissioner of Revenue illustrating that the County has experienced a 28%+ increase in its tax base and suggested that it be used to offset the tax rate. Chairman McCarty closed the public hearing. The following budgetary achievements by the County were noted: No tax rate change in the last eight years; the last tax rate decrease was in FY2008; the utility subsidy was down $1.7 million since FY2016; there has been a $10 million savings since 2017; and $400 thousand was returned to the local economy by way of COVID gift certificates. Supervisor Grice motioned to adopt the following Ordinance to Set the Tax Rates with $.71 for Real Estate and increase the Machinery tax rate to $1.95 with all other taxes remaining flat: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2023 THROUGH JUNE 30, 2024 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: Section 1: That there is hereby levied for the fiscal year beginning July 1, 2023, a tax of $0.71 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section 58.1-2606 of the Code of Virginia (1950, as amended). Section 2: That there is hereby levied for the fiscal year beginning July 1, 2023, a tax of $1.95 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1- 3507 of the Code of Virginia (1950, as amended). Section 3: That there is hereby levied for the fiscal year beginning July 1, 2023, a tax of $1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 58.1-3606 of the Code of Virginia (1950, as amended). Pj Section 4: That there is hereby levied for the fiscal year beginning July 1, 2023, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used for recreational purposes only. Section 5: That there is hereby levied for the fiscal year beginning July 1, 2023, a tax of one-half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1-400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1-2600 of said Code, accruingfrom sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED that this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted unanimously (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. The Board took a short break and returned to open session. COUNTY ADMINISTRATOR'S REPORT Under the County Administrator's report, under the subject of Ordinance Amendments to the Ordinance to the Isle of Wight Code of Ordinances Following an overview of the County's current Ordinance by County Attorney Jones regarding the discharging of firearms, Chairman McCarty requested information related to who will be inspecting berms and how they are inspected and monitored. He requested the Board members to contact the County Attorney with their comments and questions and that, in the meantime, the County Attorney continue his research. Following an overview of current prohibited uses and types of residential use in the Isle of Wight County Zoning Ordinance under restrictions on recreational vehicles, 3 County Attorney Jones advised that the act of visiting is not determined as a residence, but at what point it stops being temporary and becomes permanent needs to be defined. He advised there is no prohibition of a homeowner camping with tents on their property, but running a campground without the necessary permits is not permitted. Short-term and temporary needs to be defined and he offered to provide the Board with the definitions of RVs and mobile homes and how tiny homes are classified. In the meantime, Board members should contact the County Attorney with any comments/questions. Regarding Airbnbs, County Attorney Jones provided a PowerPoint presentation illustrating the language proposed in the past for short-term rentals and the language which has been added. It was his recommendation that because it has been such a long time since the matter was last discussed that the proper recourse would be to return the matter to the Planning Commission for public hearing with the amendments to include any additional comments by the Board. He further showed the Board proposed language regarding livestock and dogs running at large under Animal Control. The potential need to hire additional employees to manage Airbnbs was brought up and the Board was advised that Airbnbs can be managed within current staffing levels. There was general discussion regarding the safety of renters; law enforcement will need to keep a closer eye on those properties; the creation of a grant to assist with the cost of a business license, the cost of a zoning permit and the cost to annually check it. Staff advised that it could be structured so that a one- time zoning permit is charged and a renewal and inspection would be done every year thereafter. The Board was further apprised that there is not language prohibiting camping on private property. Board members were requested to contact the County Attorney with any comments. Supervisor Jefferson recommended that notifications to adjoining neighbors be a requirement associated with Airbnbs. Vice -Chairman Acree moved to appoint Gibby Dowdy to serve as the Town of Smithfield's representative on the Energy Task Force. The motion was adopted unanimously (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. Supervisor Grice notified the Board that the County facility being provided to Camp Community College at no charge, to include utilities, is not being utilized. He reported that a meeting had been recently held between representatives of Camp Community College and County staff regarding how the facility is being utilized and he recommended that the Board direct the County Attorney to provide notice of termination. Supervisor Grice moved that County Attorney Jones be instructed to provide notice to the President and Chairman of the Board of Directors of Camp Community 0 College of termination of the lease agreement, effective June 30, 2024. The motion was adopted unanimously (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in favor of the motion and no Supervisors voting against the motion. County Administrator Keaton notified the Board of a meeting with WaWa representatives at 12:30 p.m. to 1:30 p.m. on Monday, June 4, 2023 in the County Administrator's Conference Room. He was requested to send notice of said meeting to the Board members. ADJOURNMENT At 9:05 p.m., Chairman McCarty declared the work session adjourned. Carey Mils Storm, Clerk William M. M rty, Sr., Chairman 5