Mr. Icenhour thanked the State Legislators for their attendance. He noted Mr. Kinsman would lead this portion of the meeting with a presentation of the Board’s legislative agenda. Mr. Kinsman addressed the legislative representatives: the Honorable Amanda Batten, Virginia House of Delegates-elect; the Honorable Michael Mullin, Virginia House of Delegates; and the Honorable Tommy Norment, Member of the Virginia Senate. Mr. Kinsman highlighted the agenda noting legislative requests followed by positions for which the Board was seeking support. He noted a carryover from the previous year which requested the General Assembly require online retailers to distribute sales tax by physical address rather than zip code to ensure each locality received the proper amount. He further noted the County’s Financial and Management Services had experienced some difficulty with reports for surrounding localities. Delegate Mullin noted this was a fair way to distribute the tax, but he questioned if there was legislation carried last year for this point and what was the fiscal impact for the state. Mr. Kinsman noted he was unaware of any impact, but he further noted no local legislators picked up this legislation. He added he was unaware if any had occurred in the General Assembly. Senator Norment noted no bill was introduced pending the Wayfair decision impact. He further noted the impact had been pretty significant. Mr. Kinsman continued with Point No. 2, which addressed an amendment to the Virginia Code to include Special Conservators of the Peace (SCOP) such as the County Park Rangers to have access to the Virginia Criminal Information Network (VCIN). He noted the VCIN access allowed Rangers to check driver licenses as needed. Mr. Kinsman noted the Director of Parks and Recreation had spoken with the Virginia State Police representative and was advised on this route as the best course. He further noted the specifics and uniqueness of SCOP who are employed by a locality in the definition of a Criminal Justice Agency. Senator Norment asked if the representative of the Virginia State Police indicated support of this request. Mr. Kinsman noted he had not spoken with the representative, but was under the impression that the request was supported with the wording “of the locality” included. Delegate Mullin referenced legislation he had endorsed two years earlier for Newport News and the VCIN training requirements from the Department of Criminal Justice Services (DCJS). He noted SCOPs were not required to have DCJS training or continuing education requirements so they would not have the same requirements that all other parties have for VCIN access. Mr. Kinsman confirmed that, adding SCOPs did have training, but a different training from police officers. Senator Norment noted there had been a contentious debate for several years over the SCOP training. He further noted the previous concerns from both the Virginia Sheriffs Association and the Chief of Police Association. Mr. Kinsman noted this may have been the point the State Police representative hinted at with the designation of 'locality' incorporated into the wording. Mr. Kinsman continued with Point No. 3, which addressed an amendment to the Virginia Code which allowed localities to prohibit e-cigarette stores from locating within 1,000 feet of a public school. He noted this was a request from Mr. McGlennon. Mr. Kinsman continued with Point No. 4, which he added the County’s Commissioner of the Revenue had identified. He noted an amendment to a particular section of the Virginia Code which would allow the imposition of a license tax on amusement machines that take payment in forms other than coins. Mr. Kinsman further noted a section of the Code that referenced a license tax on coin-operated machines. He added he was not aware of any coin-operated amusement machines in the County as most had credit card or swipe payment methods. He referenced the Queen machines which had recently been discussed. Senator Norment noted a possible ban on the machines through legislative action. He further noted the adverse measurable effect on lottery sales. Mr. McGlennon noted a nonprofit organization in the County had recently received a grant from a company involved in the skill machines. Mr. Kinsman continued with Point No. 5, which was from a recent meeting, and it focused on amending the Virginia Code to require absentee votes be reported by precinct when more than 25 such votes were cast in that precinct. He noted an increase in absentee voting. Senator Norment acknowledged the Transparency Caucus. Delegate Mullin noted the Caucus existed and was on the House side. Delegate-elect Batten asked if the Registrar office had such a Caucus. Mr. McGlennon noted it did not, but added this request was in response to the No Excuse Absentee Voting and its projection of approximately 60% of voting being done absentee. He further noted the precinct breakdown would be available. Mr. Icenhour noted this request allowed for better statistics than just central absentee data. He further noted the Registrar had said this was doable, but added the direction to do it was needed. Senator Norment noted the increased number of early absentee voting and its political impact on campaigns using AB Chase. He referenced the historical perspective of chasing absentee ballots and the enhanced ability to identify data and behavior of voters. Mr. McGlennon noted the change to the upcoming election with the ability to view demographics of who has voted. He further noted it would allow the respective parties to then focus on the groups that have not voted. Mr. McGlennon stated that he understood information was available, but not reported that way. At approximately 4:19 p.m., the Honorable Montgomery Mason, Member of the Virginia Senate, joined the meeting. Mr. Kinsman noted the second page highlighted new and carryover legislation. He further noted Item Nos. 2-1, 2-7, and 2-8 were new. He stated No. 2-1 encouraged the General Assembly to provide funding to the Virginia Department of Transportation specifically for improvements to the Airport Road-Richmond Road intersection. Mr. Kinsman noted No. 2-7 addressed a joint cooperation between the Department of General Services and the Department of Behavioral Health and Developmental Services to work with the County to identify a minimum of 10 acres on the Eastern State Hospital site for the location of a new facility for Colonial Behavioral Health. He added that Senator Mason, Senator Norment, and Ms. Rebecca Vinroot, Director of Social Services, had more experience with that particular item than he did. Mr. Kinsman noted No. 2-8 was the result of a recent rezoning and encouraged the Commonwealth of Virginia to purchase the approximately 2,300-acre property located in the County as The Stonehouse Preserve for the expansion of the Ware Creek Wildlife Management Area or the York River State Park. Mr. Kinsman stated the remaining items were carryovers: revision of existing impact fee laws to encourage use of statutorily-calculated impact fees in lieu of cash proffers; changing the primary date from the second to the third Tuesday in June; supporting nonpartisan redistricting at the state and local levels; supporting the legislative agendas of the Virginia Municipal League (VML), the Virginia Association of Counties (VACo), and the Virginia Coalition of High Growth Communities; and requesting the state adequately fund for local road improvements, tourism, substance abuse and mental health treatment, public education, stormwater local assistance funds (“SLAF” funding), and public libraries. Senator Mason noted there was no mention of inoperable vehicles on the list. General discussion ensued. Mr. Icenhour asked if there were any questions on Mr. Kinsman’s presentation and asked for sponsorship on the legislation on Page 1. He noted discussion with Mr. Kinsman at a later date was also an option. Senator Norment asked about Item No. 2-7 and the anticipation of a fair market value paid on the 10-acre site. Mr. Kinsman thought that was so, but deferred to Senator Mason and Ms. Vinroot. Senator Mason noted working through the process and the overall context regarding this as a benefit to Virginia’s mental and public health. He noted he did not know where the prospective opportunities were currently, but discussion on possible proffering or other options. Senator Norment asked about Item No. 2-8 and the Commonwealth’s purchase of the 2,300-acre property. He referenced the County’s real estate tax increase for the purpose of purchasing Open Space. Mr. McGlennon noted the suspension of the Green Space program years back during the recession. He further noted the 1 cent tax dedication, which allocated half to the Green Space program and the other half cent to the Purchase of Development Rights (PDR) program. He added there had been discussion on the PDR program. Mr. McGlennon noted some expectations regarding funding from the mitigation of the Dominion Energy towers and possible use for acquisition of preservation land for the Chesapeake Bay. Senator Norment said yes and that a significant amount had been used to obtain land in Gloucester for a state park. Mr. McGlennon noted hearing of state discussion with Stonehouse. Senator Mason said this was news to him. Mr. Kinsman noted the discussion had probably been with the Department of Forestry. He further noted this indicated the Board’s desire to continue this point moving forward. Mr. Hipple noted conversation with the property owner and the Ware Creek Management as well as options at the presentation to the Board of Supervisors at its last meeting. Discussion ensued. Senator Mason apologized for his late arrival, but noted Item No. 1-2 and conversation about Newport News and some significant problems. He asked about the online sales tax and a solution to the problem. Ms. Larson noted she had spoken with Ms. Lara Overy, Commissioner of the Revenue for the City of Williamsburg, about how to fix the issue. She further noted a fix could include a zip code change or even a more dramatic change such as a name change. Ms. Larson stated it was something to be figured out with involvement from localities to ensure money was allocated into the right coffers. Delegate Mullin asked if VACo or VML had drafted legislation concerning this issue. He noted the County was probably not the only location impacted in such a way and he cited Albemarle and the City of Charlottesville as well as several other Virginia localities dealing with this concern. Ms. Larson noted this question would be asked at the January 6, 2020 VACo meeting. Senator Norment asked if VACo had any prototype legislation. Senator Mason questioned the dispersion and noted zip codes were not always correct for the locality. Ms. Larson noted the responsibility was on the retailer for the correct information, but further noted if the retail system was sophisticated enough for that type of filtering process. Delegate Mullin noted possibly for Amazon, but questioned that possibility for small online retailers. Mr. Hipple stated many residents think they live in the City of Williamsburg based on their mailing address, but actually they live in the County. Ms. Larson noted she would follow up with the legislators after the VACo meeting and welcomed any suggestions they might encounter in the meantime. Mr. McGlennon addressed a point not on the list. He noted affordable housing studies in numerous localities and the Virginia Coalition of High Growth Communities. He further noted a conference in the spring after the General Assembly on the affordable housing topic. Mr. McGlennon noted determining the view of each locality for addressing the nature of what type of affordable housing needs are in its own area, what obstacles exist, and the best way to address them. He requested legislation, prior to full discussion from all affected, not move forward until exploration of more localities and their respective needs could be reviewed. Senator Norment asked if locality representatives would be willing to speak to this point and encourage postponing possible legislative action. Mr. McGlennon confirmed yes. Senator Norment noted he was not sure what ‘New Virginia’ looked like so he was not sure how components, such as affordable housing, would be incorporated into it. He further noted the collective wisdom hopefully would seek input from localities if affordable housing was an issue for legislation. Mr. McGlennon noted the wide-range of counties, such as Albemarle, Spotsylvania, Stafford, Fairfax, and others, which comprised the Coalition. He further noted the dynamics of population were changing dramatically. Delegate Mullin noted there was much interest for work on the affordable housing space, but cautioned the avenue of approach with regards to the Housing Trust Fund as well as the proffer arena. Mr. Hipple suggested looking at townhomes, apartments, and such in relation to affordable housing. He noted many people think of a house and referenced Newport News and container homes as an option. Mr. Hipple further noted looking at affordable living conditions. Discussion ensued on tiny homes, non-performing motels, and other housing options. Ms. Larson noted an article from The Virginia Pilot that addressed recycling and current challenges. She further noted possible discussion during the General Assembly to address the issues of recycling that many localities were experiencing due to changes with China. Senator Norment noted a recent trip to Israel where he met with several economic development prospects for the area. He further noted a potential recycling company that did not segregate garbage, but instead created a polymer from the collection. Senator Norment stated the company was shopping for a location, but added certain criteria were required to make production viable. Mr. McGlennon extended congratulations to the delegates, which was echoed by his fellow Board members. Mr. Icenhour asked Delegate-elect Batten to present a Certificate of Appreciation to retired Delegate Pogge on behalf of the Board. Mr. Icenhour thanked the legislators for their participation. At approximately 4:33 p.m., the Board recessed. At approximately 4:34 p.m., the Board reconvened at which time Mr. Icenhour noted a change to the agenda with discussion on the Fiscal Year 2019 School Year-End Spending Plan Appropriation as the next item.
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