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2020-12-08 MinutesBOARD OF SUPERVISORS MINUTES December 8, 2020 Supervisors in Attendance: Ms. Leslie A. T. Haley, Chair Mr. Kevin P. Carroll, Vice Chair Mr. James A. Ingle, Jr. Mr. Christopher M. Winslow Mr. James M. Holland Dr. Joseph P. Casey County Administrator Delegates in Attendance: Delegate Roxann L. Robinson Delegate Lashrecse D. Aird (by phone) Delegate R. Lee Ware, Jr. Delegate Delores L. McQuinn (by phone) Delegate Carrie E. Coyner Delegate Dawn Adams (by phone) Senators in Attendance: Senator Ghazala F. Hashmi Aides in Attendance: ,r Mr. Matt Wheeler on behalf of Senator Joseph D. Morrissey [\r' Mr. Zachary Wood on behalf of Delegate M. Kirkland Cox I. WELCOME Ms. Haley called the meeting to order at 4:10 p.m. She welcomed the legislators and thanked them for their attendance. She reviewed the agenda and introduced Dr. Joseph Casey to provide additional remarks. II. ECONOMIC UPDATE/LEGISLATIVE BRIEFING Dr. Casey provided the delegation with an economic update. He discussed Shamin Hotels' grand opening of the Residence Inn which opened in the midst of the COVID-19 pandemic. He discussed COVID-19 statistics in the Chesterfield Health District which is comprised of Chesterfield County, the City of Colonial Heights, and the County of Powhatan. He noted the challenge of obtaining Chesterfield -specific data from the Virginia Department of Health. He provided details of the county's unemployment claims, home sales, and sales tax collections. He reviewed the county's efforts to support its first responders and invited members of the delegation to participate in the Citizen's Police Academy. He shared the Sheriff's efforts to help recovering addicts through the HARP (Helping Addicts Recover Progressively) Program and the Building Bridges Initiative. He discussed road projects and the Fall Line Trail to be completed utilizing funds from the Central Virginia Transportation Authority (CVTA). He stated the county has only one formal legislative request for 2021 relative to data sharing between the Virginia Department of Health and Chesterfield Fire and EMS during a public health 20-848 12/08/2020 emergency. He further stated he believes Delegate Aird has agreed to patron a bill currently in draft form and expressed his hope that other members of the delegation would join as co -patrons. He provided details of several issues for the delegation's awareness which include mental health bed availability; out -of -compliance state prisoners in local jails; Commonwealth's Attorney underfunding; and chronic underfunding of constitutional offices. III. QUESTIONS/DISCUSSION/COMMENTS Delegate Aird expressed appreciation for the annual legislative delegation briefing and Dr. Casey's presentation. She stated Mental Health bed availability is an area of focus for her as well, and she will continue to advocate for the need that exists as shared by Dr. Casey. She expressed her appreciation for first responders and stated she looks forward to advancing legislation to allow for maximum data sharing, especially during the current public health emergency. In response to Delegate ware's question relative to a breakdown of locally generated sales tax revenue versus sales tax revenue generated by online sales, Dr. Casey stated the county does not have access to the Department of Taxation's information. He discussed the challenges of receiving data from the Department of Taxation. He stated the county can summarize the available information for the delegation, but there is a lag factor in the summation. Regarding Compensation Board funding, Delegate Ware stated last year his Joint Legislative Audit and Review Commission (JLARC) study resolution was carried forward and adopted, but he has not yet seen JLARC's review. He stated based on Dr. Casey's reported numbers it appears the county would potentially benefit from the study, and he will follow up with JLARC. He then discussed student participation in public schools, which is down 3.2 percent statewide, and the need to hold localities harmless when looking at Average Daily Membership (ADM) in the spring. Dr. Casey expressed appreciation for Delegate Ware's observation on student enrollment. Regarding Compensation Board funding, he discussed the disparity and inequitable manners in which the funds are distributed. Delegate McQuinn thanked Dr. Casey for the presentation and for continuing the annual tradition of convening the legislative delegation. She inquired as to how the county benefitted from Coronavirus Aid, Relief, and Economic Security (CARES) Act funds. Dr. Casey first thanked Delegate MCQulnn for her role on the CVTA. He stated the county has received CARES Act funding as it has been directed from the state down to the local level. He further stated one challenge was the uncertainty of knowing if or when the funds would be disbursed to localities below the 500,000 -population threshold. He stated the county is able to show how the funds were directed to help those individuals and businesses in need; to create the public safety environment; and to create the continuum of essential services for citizens. He further stated if there are future disbursements, he hopes the state will disburse the funds more quickly. 20-849 12/08/2020 In response to Delegate Robinson's question relative to supporting small businesses, Dr. Casey discussed the CARES Act and rules for a business to qualify for a grant. He provided details of the county's efforts to support private daycares. Ms. Haley discussed the county's proactive efforts to help small businesses adapt their operational models during the pandemic. (y Dr. Casey provided an example of the county working with the Virginia Alcoholic Beverage Control Authority to allow alcohol consumption in outdoor settings with local government approval, thereby increasing restaurant capacity. Mr. Holland expressed appreciation for the state delegation. He stated one challenge often raised is virtual instruction versus in-person instruction. Mr. Carroll stated over 180 businesses have applied for the third round of CARES Act grants which is more than the previous two rounds. He further stated Board members reached out to the business community to spread awareness of the funding. Delegate Coyner stated one item on Schools' proposed legislative agenda is transitioning away from Standards of Learning (SOL) and moving toward a growth model for assessing achievement. She discussed the challenges of meeting the state's SOLS knowing students are falling behind due to the pandemic and virtual learning. She stated she has worked on SOL reform legislation anticipating that it would be needed, but many proponents will be needed to advocate for it. She expressed concern for localities when many schools show failing test scores. She noted the importance of a successful school division to local businesses. Ms. Haley stated the Board is very focused on working with the School Board. She discussed the county's efforts to ensure Schools has sufficient resources to achieve continued success. She expressed her hope that the delegation recognizes the challenges, especially the challenge of unfunded mandates, and will carry that message. Senator Hashmi thanked Dr. Casey for the presentation. She inquired about the funding model for the constitutional offices and why Chesterfield is facing this crisis of underfunding. Mr. Matt Harris, Deputy County Administrator, stated the county appreciates the state delegation's work on the issue. He further stated prior to the onset of COVID-19 there was a four- year implementation program that would have moved the Commonwealth's Attorney to full funding. He stated historically it is a budget item that has not been addressed from year to year, thereby creating a cumulative effect. He further stated there is not a clear mechanism to reallocate resources from an overfunded office to an underfunded office. He stated the county is encouraged by the state delegation's help to get closer to the statewide average of funding which he believes is approximately 85 percent. Ms. Haley stated she was a part of the delegation that met with the Compensation Board a little over a year ago. She discussed the difficulties of moving a position from one locality to 20-850 12/08/2020 another because workload calculations are based on a variety of factors that can vary widely between localities. She stated the county is hoping attention will be given to Compensation Board funding that will result in a better and more equitable funding structure. Delegate Adams expressed her appreciation for the presentation and the ensuing comments. Mr. Winslow thanked the delegation for attending the meeting and for their efforts in the General Assembly on behalf of the county. He discussed unfunded mandates and their effect on the county. He expressed his concern that the county may incur more unfunded costs as a result of a reduction or elimination of qualified immunity and sovereign immunity, should the issue arise in an upcoming session. He stated an increase in crime in conjunction with unfunded mandates placed on the Commonwealth's Attorney impacts the system greatly. He asked that these concerns be kept in mind during the upcoming session. Delegate Aird requested specific data relative to sovereign and qualified immunity be provided to the delegation for review, as legislation may be forthcoming in the next session. She stated during the special session, broad references were made without complete information or data coming from those concerned about the potential harm. She further stated the data would help the delegation understand how the county might be impacted as they evaluate any approach that may come forward. Ms. Haley stated the county would put that information together for the delegation. She then provided the delegation with an update on Dominion Energy's project to move coal ash at the Dutch Gap plant. She stated the Board will be approving a memorandum of understanding between the county and Dominion to fund the additional access that will be needed as well as to mitigate the impact of the project on citizens utilizing recreational amenities in the area of the plant. At Senator Hashmi's request, Ms. Haley provided an overview of the transportation process for moving the coal ash. Mr. Ingle stated approximately 60 percent of the fly ash will be relocated to an approved onsite landfill farther away from the river, and it will be done under the newest standards. He further stated Dominion will attempt to recycle and repurpose the remaining fly ash that will not be moved. He stated Dominion is doing everything it can to mitigate the movement of fly ash, but there will be some that must be moved. With regard to the issue of qualified immunity, Mr. Holland stated he is always opposed to unfunded mandates and emphasized the county has the most outstanding public safety departments in the country. He reminded the delegation that one size does not fit all when considering mandates. He asked for any future CARES Act monies to be directly funded to the county to save time. He stated the county has a national reputation for accountability and operational excellence. He thanked the delegation for their hard work. Delegate Coyner stated since the special session she has spent time studying the issue of qualified immunity. She further stated based on the data, the doctrine of qualified immunity 20-851 12/08/2020 A has not shown that it has decreased costs to localities or police officers, and instead there is a lot of court process before it comes into play. She stated based on her study she believes there is room to ensure that individuals who have been wronged are protected and there is accountability while also protecting the vast majority of those amazing personnel in the profession. Delegate Aird stated her request for data relative to qualified and sovereign immunity is to ensure she is appropriately informed to represent the best interests of the county. Delegate McQuinn concurred with Delegate Aird. She stated the issue of qualified immunity is a national topic and the General Assembly wants to get it right. Ms. Haley stated the county will share information with the delegation, and the Board welcomes the opportunity to be open and have conversations. She further stated the final product is better when everyone is involved in the conversation. Delegate Ware stated the county's recurring updates during the pandemic have been very helpful and encouraged him to reach out to a representative at the federal level regarding local challenges caused by CARES Act restrictions. He further stated the open line of communication facilitates the ability to inform federal legislators of needs. Ms. Haley expressed her appreciation to the delegation and staff. She stated Ms. Mary Ann Curtin, Director of Intergovernmental Relations, and Board members would be available for any follow-up questions. IV. ADJOURNMENT On motion of Mr. Carroll, seconded by Mr. Winslow, the Board adjourned at 5:33 p.m. until December 16, 2020 at 2:00 P.M. for a work session to be held in the Public Meeting Room. Josep P. Casey Cou y Administrator James t . Hol d Chairman 20-852 12/08/2020 W j