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06-03-2021 Work Session 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 THIRD DAY OF JUNE IN THE YEAR TWO THOUSAND AND TWENTY-ONE PRESENT: Richard L. Grice, Smithfield District, Chairman (via electronically from his home located at 415 Muirfield, Smithfield, Virginia) 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 Vice-Chairman Rosie called the work session of the Board of Supervisors to order at 6:00 p.m. County Attorney Jones advised that pursuant to State Code and the Board's by- laws, a Board member can participate remotely in a meeting if a physical quorum is assembled and if the member has requested and notified the Chairman that he wishes to appear remotely/electronically. He advised that Vice-Chairman Rosie will be participating electronically due to a work obligation which will require him to state the nature of his absence and the remote location from which he is participating. Chairman Grice advised that he will be participating electronically from his home located at 415 Muirfield, Smithfield, Virginia due to a medical reason. Supervisor Jefferson moved that Chairman Grice be allowed to participate electronically from his home located at 415 Muirfield in Smithfield due to a medical reason. The motion was adopted (4-0) with Supervisors Acree, Rosie, McCarty and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Grice thereafter joined the meeting. APPROVAL OF AGENDA 1 Supervisor McCarty moved that the agenda be approved with the addition of a closed meeting being added at the end of the agenda. 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 ADMINISTRATOR'S REPORT Superintendent Thornton introduced Kiyaana Jones, the School's new Equity and Inclusion Coordinator, who delivered the invocation and led the Pledge of Allegiance to the flag. She stated classrooms are becoming increasingly diverse with students with different backgrounds, gender, race, social economic status and teaching needs to become more diverse to ensure the inclusion of all students. // Rusty Jordan, Director of Social Services, briefed the Board on proposed Standard Operating Procedures for the Adult Companion Program. // County Attorney Jones provided information regarding the prohibition of marijuana dispensaries responsive to adopted legislation by the General Assembly to legalize the sale of marijuana in Virginia via marijuana dispensaries and the need for localities desiring to prohibit marijuana dispensaries to take action to do so. He advised that the Board does have the ability to ban retail stores prior to January 1, 2024 and beginning July 1, 2022, the Board can adopt a resolution calling for a County-wide referendum regarding whether or not retail sales should be banned in the County and if a majority of voters vote yes on that referendum, then retail sales would be banned and the question could not be revisited for four years. He further stated that If a majority of the voters vote the question down, then retail stores are authorized, and that issue is closed. Chairman Grice remarked that he would like to discuss with the Sheriff his thoughts on what kind of effect people using marijuana will have on his department and his idea of what the cost for emergency medical services might be to the County. Supervisor Acree remarked that he would like to discuss the cost associated with equipment with the Sheriff. // Don Jennings, Director of Utility Services, provided an update regarding progress and necessary adjustments relative to infrastructure upgrades for the new Hardy Elementary School. County Administrator Keaton advised that the County anticipates receiving $7.2 million in American Recovery funds and he proposed that a large portion of that funding be dedicated to this project as this money can be used for infrastructure. 2 Chairman Grice recommended that the CIP Advisory Board be convened in the next month. County Attorney Jones notified the Board that effective May 1, 2021, the General Assembly granted authority for public sector employers to pursue collective bargaining with localities. He advised that while it is now authorized, it is not mandatory and the County has the option to 1) Pass an ordinance or resolution stating that the County is going to allow recognition of unions and use their exclusive representative to do collective bargaining with; 2) pass an ordinance or resolution that makes it clear that the County is not going to engage in collective bargaining; or, 3) the County can take no action which would if a majority of a self- determined bargaining unit of County employees would present to the County a certification that they wished to be represented by union, which would trigger a 120-day window in which the County has to conduct a hearing and determine whether or not the County wants to do collective bargaining. The consensus of the Board was that they could not see the benefits of collective bargaining and County Attorney Jones offered to prepare and return to the Board with a resolution. • CLOSED MEETING County Attorney Jones requested a closed meeting on the following matters: The sale or leasing of publicly held property, namely, tax map parcels or portions of tax map parcel 21A-01-184 where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, The assignment or appointment of specific County employees and appointees to County boards, committees or authorities to include a discussion of the performance of appointees to the Commission on Aging. 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 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. 3 Upon motion of Supervisor McCarty 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 ADJOURNMENT At 8:45 p.m., Vice-Chairman Rosie declared the work session adjourned. eaitetli6 513121011 Richard LFhairman Carey Mills Storm, Clerk 4