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10-21-2021 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 TWENTY-FIRST DAY OF OCTOBER 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 McCarty moved that the Resolution to Amend the FY2021-22 Budget and Appropriate Funds to the Schools Budget currently listed under the Consent Agenda be moved to Old Business and that the public hearing be moved prior to Special Presentations. 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. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: A discussion regarding the acquisition of real property for the public purposes of the extension of County water and/or sewer and road improvements, and the disposition of a portion of tax parcel 21-01-083, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board as well as consultation with legal counsel employed by the Board regarding the same requiring the provision of legal advice by such counsel, pursuant to subsection 3 and 8; consultation with legal counsel regarding active opioid litigation where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7; a discussion regarding the appointment of specific appointees to County boards, committees or authorities as set forth in the agenda pursuant to subsection 1; and 1 Ca il a discussion regarding the performance of a specific County employee, namely the County Administrator, pursuant to subsection 1. 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 Rosie 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 NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATION Supervisor Acree requested an opportunity in the near future to review the Board's 2 policy as it relates to invocations. The invocation was delivered by a member of Faith Harvest Chapter who led the Pledge of Allegiance to the American flag. CITIZENS' COMMENTS Herb DeGroft of Mill Swamp Road requested the Board to direct the County Attorney to investigate the School Board's use of taxpayer funds. Curt Lytle of Blackwater Road requested that the County change its ordinance to reflect that rifles be allowed to hunt deer and bear. Matthew O'Brien of the Carrsville District spoke in favor of the County's ordinance being revised to reflect that rifles can be used to hunt deer and bear. Matthew Johnson of Founders Point Trail addressed the Board regarding his recent water bill and suggested submeters would be a fair way to treat wastewater. 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: A. Resolution to Approve the Cross-fund Transfer for Batiste Court Road Improvements ($4,361) B. Resolution to Amend the FY 2021-2022 Budget and Appropriate Funding for E911 System Redundancy Memorandum of Understanding with the City of Suffolk ($61,000) C. Resolution to Amend the FY 2021-22 Operating Budget and Appropriate Funding to Accept and Appropriate Funds from the Septic Tank Pump Out Assistance Grant Program ($5,000) D. Resolution to Amend the FY2021-22 Operating Budget and Appropriate Funding for Repairs of County Property from Insurance Proceeds ($3,502) E. Resolution to Amend the FY2021-2022 Operating Budget and Appropriate Funding from the Virginia Department of Fire Programs Aid to Locality Fund Grant ($99,386) F. Minutes • August 5, 2021 Work Session Minutes August 19, 2021 Regular Meeting Minutes September 2, 2021 Work Session Minutes 3 R f REGIONAL AND INTER-GOVERNMENTAL REPORTS County Administrator Keaton reported that Supervisor McCarty was elected Vice- Chairman of the Hampton Roads Transportation Planning Organization and that he had been reelected as Treasurer of the Hampton Roads Planning District Commission. County Administrator Keaton reported that the Hampton Roads Bridge Tunnel expansion is the largest project administered by VDOT and has an anticipated completion date of 2025. County Administrator Keaton reported that the Southeastern Public Service Authority received an update on the Navy's new steam plant. He cautioned the Board that it will have cost implications for the region and the Authority is looking at various options. Supervisor Jefferson reported on a recent program held by the Commission on Aging at The Smithfield Center which had been well attended. Supervisor Jefferson recognized the Director of Social Services and spoke favorably of the companion program administered by that department. Chairman Grice advised that the subject matter discussed at the Smithfield Intergovernmental Relations Committee's most recent meeting will be brought up at the Board's next work session. Chairman Grice advised that he had taken a tour of the Suffolk water plant at the most recent meeting of the Western Tidewater Water Authority. APPOINTMENTS Supervisor McCarty moved that Dale Baugh be recommended to the Governor for reappointment to the SPSA Board of Directors. 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. PUBLIC HEARINGS Application of Benns Saint Luke, LLC, Applicant and Property Owner, for a Conditional Use Permit to Allow a Child Care Center Located at 14355 Benns Church Boulevard. Amy Ring, Director of Community Development, presented the request for a childcare center. Chairman Grice called for persons to speak in favor or in opposition to the application. Vincent Carollo, the applicant, thanked staff for assisting him with this application and he offered to answer any questions. 4 t Chairman Grice closed the public hearing and encouraged that a playground be designated and that it be fenced. Supervisor Acree moved that the application be approved with the condition that the use be limited to no more than 9,000 square feet and that any future expansions of the use shall require a formal traffic impact analysis and the construction of any needed improvements. 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. SPECIAL PRESENTATIONS/APPEARANCES Tommy Catlett, VDOT Resident Engineer for the Franklin Residency, provided an update on Residency operations. The Board requested Mr. Catlett to look into the following concerns: Supervisor Jefferson relayed his concern regarding the length of time it took • for a VDOT person to respond to a call for detour signs. Supervisor McCarty requested that the sink hole be addressed on Titus Creek and he notified Mr. Catlett that the street signs at Royal Farms prevent drivers from seeing traffic coming from downtown Smithfield. Supervisor Rosie requested that the bushes at the Dairy Queen in Windsor be cut back and that Strawberry Plains Road be mowed. Supervisor Acree requested that the BMP at Benns Grant be mowed. He presented a request from residents on Oliver Drive for a speed study to reduce the speed from 40 mph to 25 mph. Chairman Grice asked that any work done on the bridge at Smithfield Station be minimized due to traffic. // Following a break, Chairman Grice called for discussion on the Redistricting Task Force report. Assistant County Administrator Robertson reviewed the Board's previous action with regard to the appointment of a Redistricting Task Force and that there be five election districts and that the election districts are to be referred to as numbers versus names. Caleb Kitchen, a member of the Redistricting Task Force, provided an overview of the three maps created by the Task Force for recommendation to the Board. The consensus of the Board was to move forward with Map #1 as recommended by the Redistricting Task Force. 5 L _ Supervisor McCarty moved that the Board set a special joint meeting with the Redistricting Task Force at 6:00 p.m. on Monday, November 22, 2021. 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. Assistant County Administrator Robertson provided an update on current vaccination efforts/challenges with regard to the COVID-19 vaccine. COUNTY ATTORNEY'S REPORT County Attorney Jones presented a resolution for the Board's consideration responsive to the Memorandum of Understanding entered into with the Virginia Attorney General related to opioid related claims. He notified the Board that a settlement has been entered into with the top three distributors with a maximum value of $26 billion, of which Virginia will receive $530 million, with $203 million being set aside for localities. He advised that the County stands to receive approximately $720,000. Supervisor McCarty moved that the following Resolution be adopted: A RESOLUTION OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST MCKESSON, CARDINAL HEALTH, AMERISOURCEBERGEN, JANSSEN, AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY AND/OR THE COUNTY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY'S PARTICIPATION IN THE SETTLEMENTS WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Isle of Wight County by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Isle of Wight County 's various departments and agencies; and WHEREAS, Isle of Wight County has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Isle of Wight County; and WHEREAS, Isle of Wight County has filed suit against McKesson, Cardinal Health, AmerisourceBergen, and Janssen Pharmaceuticals, along with certain of their related corporate entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed Isle of Wight County; and 6 WHEREAS, The County's suit seeks recovery of the public funds previously expended and to be expended in the future to abate the consequences and harms of the opioid epidemic; and WHEREAS, settlement proposals have been negotiated that will cause McKesson, Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to resolve opioid-related claims against them; and WHEREAS, Isle of Wight County's outside opioid litigation counsel has recommended that the County participate in the settlements in order to recover its share of the funds that the settlement would provide; and WHEREAS, the County Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel; NOW THEREFORE BE IT RESOLVED that the Isle of Wight County Board of Supervisors, this 21st day of October, 2021, approves of the County's participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities, and directs the County Attorney and/or the County's outside counsel to execute the documents necessary to effectuate the County's participation in the settlements, including the required release of claims against settling entities. 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 Responsive to the previous direction by the Board for staff to investigate options for software for appointed Boards/Committees, Assistant County Administrator Robertson advised that staff does not recommend any other software than what is currently utilized in the County's systems today. // County Administrator Keaton advised that notification has been received that the staff for the Certificate of Public Need application recommended denial of the Riverside Hospital application. He advised that the Virginia Department of Health will conduct an information fact finding conference on Friday, November 5th at 10:00 a.m. in Henrico County at the office of the Virginia Department of Health. UNFINISHED/OLD BUSINESS One-time Hazard Pay Bonus for Sworn Sheriffs, Sheriffs' Deputies & Regional Jail Officers County Administrator Keaton recapped the action taken by the General Assembly to adopt a one-time hazard pay bonus for Compensation Board funded sworn officers in the Sheriff's Department. He advised that the County has 29 sworn deputies who are covered by the Compensation Board. He further advised that a survey of other localities revealed only one locality took action to include emergency services personnel and his recommendation is to provide the hazard pay bonus only to sworn officers in the Sheriff's Department. He advised to pay the remainder of the deputies not funded by the Compensation Board would cost an additional $92,000 and an additional $153,000 if emergency services personnel were funded. Supervisor Jefferson moved to authorize the County Administrator to give the proper funding to make a one-time bonus to all sworn Sheriffs and Sheriffs' Deputies. 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 Keaton updated the Board on funding for the new Hardy Elementary School; delaying Westside Elementary School; and funding of items already scheduled in the Capital Improvements Program such as fire and rescue equipment; Parks & Recreation; and Public Works projects. He advised that he will be returning to the Board at its next meeting to request the Board to approve the additional $10 million for new debt. Following a break, Assistant County Administrator Robertson asked the Board to provide him with dates for its retreat. It was the consensus of the Board to revisit the issue of a Board Retreat at its November 4, 2021 work session. Regarding the Resolution to Amend the FY2021-22 Budget and Appropriate Funds to the Schools Budget which was moved from the Consent Agenda to this point in the agenda under the approval of the agenda, it was the consensus of the Board to table action on the Resolution to its November 4, 2021 work session to allow time for County Administrator Keaton to contact Superintendent Thornton regarding his answers to the Board's questions involving instructional services and tables and chairs. NEW BUSINESS Chris Morello, Director of Economic Development, presented a Resolution to Amend the FY2022 Budget and Appropriate Funding for Projects Related to Economic Development at Shirley T. Holland Commerce Park for the Board's consideration. Supervisor McCarty moved that the following Resolution be adopted: 8 RESOLUTION TO AMEND THE FY 2021-2022 BUDGET AND APPROPRIATE FUNDING FOR ECONOMIC DEVELOPMENT CAPITAL PROJECTS SHIRLEY T. HOLLAND INTERMODAL PARK WHEREAS, the Board of Supervisors has agreed to the request from the Isle of Wight County Economic Development Authority to adjust the FY 2021- 2022 funding for the Capital Improvement Projects at Shirley T. Holland Intermodal Park for the total of the previously unspent project funds; and, WHEREAS, the Board of Supervisors desires to amend the FY 2021-2022 Capital Project Fund Budget to increase the budget amount to $1,147,400 for Capital Improvement Projects at Shirley T. Holland Intermodal Park; and, WHEREAS, the Board of Supervisors needs to appropriate assigned fund balance in the amount of $1,147,400 for Capital Improvement Projects at Shirley T. Holland Intermodal Park in the FY 2021-2022 Capital Project Fund Budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the FY 2021-2022 budget is hereby amended and funds appropriated in the amount of $1,147,000 for Capital Improvement Projects at Shirley T. Holland Intermodal Park. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. 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. David Smith, Director of Parks & Recreation, provided an update on capital projects for Bradby Park/Tyler's Beach. // The Board was requested to designate a voting delegate and alternate delegate to vote at the VACo Annual Business Meeting. Supervisor Acree moved that Supervisor McCarty be designated as the County's voting delegate and Supervisor Jefferson be voted as the alternate delegate authorized to vote at the VACo annual business dinner. 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. 9 Supervisor Acree asked that Bobby Nelms' family be kept in prayer. He advised that a reception will be held at the Isle of Wight Rescue Squad on November 3, 2021 at 7:00 p.m. with a memorial service being held at Harvest Fellowship Baptist Church at 6:00 p.m. ADJOURNMENT At 10:30 p.m., Chairman Grice declared the meeting adjourned. NV/177) Richard L. airman , CareyMi4St m Clerk • Zo