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
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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
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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
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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.
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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.
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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.
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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
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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.
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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:
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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.
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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.
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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.
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Richard L. airman
,
CareyMi4St m Clerk
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