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
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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.
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Rusty Jordan, Director of Social Services, briefed the Board on proposed Standard
Operating Procedures for the Adult Companion Program.
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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.
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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.
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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.
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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.
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Upon motion of Supervisor McCarty and all voting in favor (5-0), the following
Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
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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.
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Richard LFhairman
Carey Mills Storm, Clerk
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