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2020-01-08 MinutesL A BOARD OF SUPERVISORS MINUTES January 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 Dr. Casey called the organizational meeting to order at 6:00 P.m. 1. INVOCATION The Honorable Leslie Haley, Midlothian District Supervisor, gave the invocation. 2. PLEDGE OF ALLEGIANCE Deputy County Administrator Matt Harris led the Pledge of Allegiance to the Flag of the United States of America. 3. ORGANIZATIONAL MEETING 3.A. ELECTION OF CHAIR AND VICE CHAIR Mr. Jeff Mincks, County Attorney, stated the first order of business would be the election of Chairman. He then opened the floor for nominations. Mr. Carroll nominated Ms. Haley to serve as Chair for 2020. There were no additional nominations and nominations were closed. Mr. Holland stated it is his position that the chair and vice chair positions should be rotated annually among the Board members. On motion of Mr. Carroll, the Board elected Ms. Haley as Chair for 2020. Ayes: Haley, Carroll, Ingle, and Winslow. Nays: Holland. 20-1 1/8/2020 Mr. Ingle then nominated Mr. Carroll to serve as Vice Chair for 2020. There were no additional nominations and nominations were closed. On motion of Mr. Ingle, the Board elected Mr. Carroll as Vice Chair for 2020. Ayes: Haley, Carroll, Ingle, and Winslow. Nays: Holland. Mr. Carroll presented Ms. Haley with a plaque recognizing her leadership as Chair in 2019 and thanked her for her service to the community. Ms. Haley expressed her appreciation to the Board for the honor and thanked the Board members for placing their trust in her for a second year. 3.B. ADOPTION OF PROCEDURES OF THE BOARD OF SUPERVISORS GOVERNING MEETINGS IN 2020 Mr. Mincks noted various changes to the rules of procedure governing the conduct of meetings in 2020. He discussed changes to section 9b pertaining to persons desiring to speak at public hearings on behalf of an organization; elimination of section 12a pertaining to deferral of zoning cases which are amended, changed, withdrawn or proffers submitted by the applicant after the case has appeared in the newspaper pursuant to the required publication; and changes to section 10 pertaining to the process for scheduling citizens to speak during Citizen Comment Periods. Mr. Holland expressed his concerns relative to the deletion of section 12a noting the submission of changes to a zoning case after advertisement places citizens and the community at a disadvantage. He stated a supervisor may not have adequate time to analyze the impact and cost of the changes. He further stated the applicant could have an advantage by submitting changes just before the case is heard which could be perceived as circumventing the citizens and a supervisor in given zoning cases. He stated he would not support the elimination of section 12a. He gave his support for giving county citizens priority consideration when scheduling speakers for the Citizen Comment Periods. Mr. Ingle stated the change to section 9b does not eliminate the original rule allowing citizens to speak at public hearings but provides an additional option for organizations to speak. He further stated both Mr. Carroll and he desire to limit the suspension of the rules and particularly section 12a pertaining to zoning cases. He shared their mutual belief in transparency of zoning cases and stated if there are changes to a case after advertisement a statement can be read identifying any and all revised, added or deleted proffered conditions offered by the applicant. He stated zoning applicants must diligently address issues prior to 20-2 1/8/2020 P7 lk P7 14 14 advertisement to avoid deferral but noted the Board should not have to suspend the rules the night of the vote to accept a proffer change that improves the case and addresses community concerns. He further stated the rules can be changed in the future if the Board finds the rules are not serving the citizens well. Mr. Carroll stated the intent of the change to section 9b is to give additional speaking time to the spokesperson of a group if the other group members do not wish to speak. He further stated if all members of a group wish to speak, each of them would be allowed to speak for three minutes. He reiterated suspension of the rules should be done sparingly. He stated zoning applicants need to make sure their cases are complete and noted community conversations are often what fix concerns with zoning cases prior to Board action. He further stated he will vote to defer a case if something substantial comes to the Board after advertisement. Mr. Winslow suggested a middle path which would require a simple majority vote for the Board to consider, defer or remand a case when additions or amendments are received after advertisement. He stated the Board has been lenient in hearing a zoning case with a minor adjustment, but a major last-minute change would probably be deferred by everyone on the Board. In response to Ms. Haley's question, Mr. Mincks stated with the elimination of section 12a, a motion would be made to amend, consider, or remand the case. He further stated the motion would then pass or fail on a majority vote. Discussion ensued relative to the possible dispositions of a zoning case should section 12a be eliminated from the rules. Mr. Holland noted suspension of the rules requires a unanimous vote while action on a zoning case could be approved by a majority vote even if it is contrary to the wishes of one or two Board members. Mr. Carroll asked for Mr. Holland's support if in the future the Board desires to reinstate section 12a. At Mr. Holland's request the Board bifurcated the vote on the amendments to the rules of procedure. On motion of Mr. Carroll, seconded by Mr. Winslow, the Board adopted the 2020 Rules of Procedure of the Board of Supervisors, as amended, except the elimination of section 12a. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board adopted the elimination of section 12a in the 2020 Rules of Procedure of the Board of Supervisors, as amended. 20-3 1/8/2020 Ayes: Haley, Carroll, Ingle, and Winslow. Nays: Holland. (It is noted a copy of the 2020 Rules of Procedure of the Board of Supervisors, as submitted, is filed with the papers of this Board.) 3.C. SETTING OF REGULAR MEETING DATES FOR 2020 On motion of Mr. Winslow, seconded by Mr. Carroll, the Board adopted the regular meeting date schedule for 2020, as follows: Wednesday, January 8, 2020 at 6 p.m. (Organizational Meeting - Evening Session Only) Wednesday, January 22, 2020 at 2 p.m. Wednesday, February 19, 2020 at 1 p.m. Wednesday, March 11, 2020 at Noon (Budget Work Session in Afternoon; Regular Evening Session with Zoning Requests in Public Meeting Room) Wednesday, March 25, 2020 at 2 p.m. at Evening Session) Wednesday, April 8, 2020 at 6 p.m Session Only) Wednesday, April 22, 2020 at 2 p.m. Wednesday, May 27, 2020 at 2 p.m. Wednesday, June 24, 2020 at 2 p.m. Wednesday, July 22, 2020 at 2 p.m. Wednesday, August 26, 2020 at 2 p.m. (Budget Public Hearings (Budget Adoption - Evening Wednesday, September 23, 2020 at 2 p.m. Wednesday, October 28, 2020 at 2 p.m. Wednesday, November 18, 2020 at 2 p.m. Wednesday, December 16, 2020 at 2 p.m. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 3.D. CONSIDERATION OF BOARD APPOINTMENTS o PLANNING COMMISSION On motion of Mr. Holland, seconded by Mr. Winslow, the Board appointed/ reappointed the following members to serve on the 20-4 1/8/2020 P7 P] Ic A A Planning Commission, whose terms are effective immediately and expire December 31, 2023: Name Tni gt-ri rt Mr. Gibbons "Gib" Sloan Bermuda Ms. Gloria Freye Clover Hill Mr. LeQuan Hylton Dale Mr. Tommy Owens Matoaca Mr. Frank Petroski Midlothian Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o COMMITTEE ON THE FUTURE On motion of Mr. Winslow, seconded by Mr. Holland, the Board appointed/ reappointed the following members to serve on the Committee on the Future, who will serve at the pleasure of the Board: Name T)i Gtri rt Tyler Craddock Bermuda Robert Innes Bermuda Carolyn Champion Clover Hill Thomas Owens Dale Janet Stephens Dale Phillip Plymale Matoaca Willie Lewis Matoaca Michael Weinstock Midlothian Frank Petroski Midlothian Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o PLAN RVA (FORMERLY RICHMOND REGIONAL PLANNING DISTRICT COMMISSION) On motion of Mr. Winslow, seconded by Mr. Holland, the Board appointed/ reappointed Mr. Jim Ingle, Mr. Chris Winslow, Mr. Jim Holland, Mr. Kevin Carroll, Ms. Leslie Haley, and Mr. Timothy Davey (citizen representative) to serve on Plan RVA (formerly Richmond Regional Planning District Commission), whose terms are effective immediately and expire December 31, 2023 and also appointed Mr. Winslow to serve as Executive Committee member. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-5 1/8/2020 o CRATER PLANNING DISTRICT COMMISSION On motion of Mr. Winslow, seconded by Mr. Holland, the Board appointed/ reappointed Mr. Jim Ingle, Mr. Kevin Carroll, Mr. Chris Winslow, and Mr. Art Warren (citizen representative) to serve on the Crater Planning District Commission, whose terms are effective immediately and expire December 31, 2023, and also appointed Mr. Carroll to serve as Executive Committee member. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o SOCIAL SERVICES BOARD On motion of Mr. Carroll, seconded by Mr. Winslow, the Board appointed Mr. Jim Ingle to serve on the Social Services Board, whose term is effective immediately and expires December 31, 2023. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o RICHMOND REGION TOURISM BOARD On motion of Mr. Holland, seconded by Mr. Carroll, the Board reappointed Mr. Neil Amin (citizen representative) to serve on the Richmond Region Tourism Board, whose term is effective immediately and expires December 31, 2022. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o RICHMOND REGIONAL TRANSPORTATION PLANNING ORGANIZATION (RRTPO) On motion of Mr. Winslow, seconded by Mr. Holland, the Board appointed/reappointed Mr. Kevin Carroll, Mr. Jim Holland, Mr. Chris Winslow, and Ms. Leslie Haley (alternate) to serve on the Richmond Regional Transportation Planning Organization, whose terms are effective immediately and expire December 31, 2023, and also appointed Mr. Holland to serve as Executive Committee member. And, further, the Board adopted the following resolution: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD WHEREAS, the County of Chesterfield is a member organization of the Richmond Regional Transportation Planning Organization (RRTPO); and WHEREAS, the RRTPO policy board is composed of local elected officials and officials of public agencies; and 20-6 1/8/2020 P] P] Ic A WHEREAS, pursuant to Article III, Section 2 of the RRTPO Bylaws, the County of Chesterfield is required to appoint local officials to serve as authorized representatives; and WHEREAS, the Board of Supervisors of the County of Chesterfield desires to appoint Mr. Kevin Carroll, Mr. Jim Holland, and Mr. Chris Winslow to the RRTPO for a term of four years effective January 1, 2020 and expiring December 31, 2023; and WHEREAS, each authorized representative is entitled to one vote; and WHEREAS, pursuant to Article III, Section 1 of the Bylaws, the Board of Supervisors of the County of Chesterfield also designates Ms. Leslie Haley as an alternate to serve in place of an absent representative; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Chesterfield as follows: 1. The Board of Supervisors desires to appoint Mr. Kevin Carroll, Mr. Jim Holland, and Mr. Chris Winslow and each representative will have one vote. 2. The Board of Supervisors appoints Ms. Leslie Haley to serve as an alternate in place of an absent representative. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o TRI -CITIES AREA METROPOLITAN TRANSPORTATION PLANNING ORGANIZATION On motion of Mr. Ingle, seconded by Mr. Winslow, the Board appointed/reappointed Mr. Kevin Carroll and Ms. Barbara Smith (alternate) to serve on the Tri -Cities Area Metropolitan Transportation Planning Organization. Mr. Carroll's term is effective immediately and expires December 31, 2020, and Ms. Smith will serve at the pleasure of the Board. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o GREATER RICHMOND PARTNERSHIP, INCORPORATED On motion of Mr. Winslow, seconded by Mr. Carroll, the Board reappointed Ms. Leslie Haley and Dr. Joe Casey to serve on the Greater Richmond Partnership, Incorporated, whose terms are effective immediately and expire December 31, 2023. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-7 1/8/2020 o MAYMONT FOUNDATION On motion of Mr. Holland, seconded by Mr. Carroll, the Board reappointed Mr. Chris Winslow to serve on the Maymont Foundation, whose term is effective immediately and expires December 31, 2023. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o CAPITAL REGION WORKFORCE PARTNERSHIP CHIEF LOCAL ELECTED OFFICIALS (CLEO) On motion of Mr. Carroll, seconded by Mr. Winslow, the Board reappointed Mr. Jim Holland and Ms. Sarah Snead (alternate) to serve on the Capital Region Workforce Partnership Chief Local Elected Officials, whose terms are at the pleasure of the Board. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o CAPITAL REGION WORKFORCE DEVELOPMENT BOARD On motion of Mr. Winslow, seconded by Mr. Holland, the Board reappointed Ms. Karen Aylward (staff member) to the Capital Region Workforce Development Board, whose term is at the pleasure of the Board. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o CRATER WORKFORCE DEVELOPMENT BOARD On motion of Mr. Ingle, seconded by Mr. Holland, the Board reappointed Ms. Karen Aylward (staff member) to the Crater Workforce Development Board, whose term is at the pleasure of the Board. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o CHESTERFIELD COUNTY SUPPLEMENTAL RETIREMENT PLAN BOARD On motion of Mr. Winslow, seconded by Mr. Carroll, the Board reappointed Mr. Carey Adams, Mr. Scott Zaremba, Ms. Donna Arrington and Mr. Craig Bryant to serve on the Chesterfield County Supplemental Retirement Plan Board, whose terms are at the pleasure of the Board. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-8 1/8/2020 E PC P] A A 14 o APPEALS PANEL PURSUANT TO VIRGINIA SET OFF DEBT On motion of Mr. Winslow, seconded by Mr. Holland, the Board appointed Ms. Rebecca Longnaker and reappointed Ms. Mary Lou Lyle, Mr. James Harris and Mr. Samuel West to serve on the Appeals Panel Pursuant to Virginia Set Off Debt, whose terms are at the pleasure of the Board. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o RIDEFINDERS On motion of Mr. Holland, seconded by Mr. Ingle, the Board reappointed Ms. Chessa Faulkner (staff member) and Ms. Barbara Smith (alternate) to serve on Ridefinders, whose terms are at the pleasure of the Board. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o CENTRAL VIRGINIA WASTE MANAGEMENT AUTHORITY On motion of Mr. Holland, seconded by Mr. Ingle, the Board reappointed Mr. Clay Bowles (alternate) to serve on the Central Virginia Waste Management Authority, whose term is effective immediately and expires December 31, 2023. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. o AUDIT AND FINANCE COMMITTEE Mr. Chris Winslow and Mr. Jim Holland (Unspecified Term) o COUNTY -SCHOOLS LIAISON COMMITTEE Mr. Jim Ingle and Ms. Leslie Haley (Unspecified Term) APPROVAL OF MINUTES FOR DECEMBER 6, 2019 On motion of Mr. Winslow, seconded by Mr. Holland, the Board approved the minutes of December 6, 2019, as submitted. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 4. REPORTS 4.A. BOARD OF SUPERVISORS LETTER TO CHESTERFIELD LEGISLATIVE DELEGATION Ms. Haley stated the inclusion of the previous Board's letter to the Chesterfield Legislative Delegation on tonight's 20-9 1/8/2020 agenda ensures it becomes part of the official permanent record of the Board. She further stated the collective message the letter presents to the county's state legislative delegation is indeed the same message this newly seated Board wishes to extend. She stated in addition to the letter, a copy of the petition signed by many citizens that embodies their voices was also shared with our state delegation. She explained taking a vote tonight makes the letter a formal resolution of this Board. She made a motion to accept the letter into this Board's official record with this Board's full understanding that each member is sworn to uphold the Constitutions of the United States and the Commonwealth of Virginia; that issues pertaining to individual rights are appropriately considered at the state and federal government levels; that citizens have demonstrated an overwhelmingly strong stance in favor of the rights guaranteed by the Second Amendment; that this Board encourages all citizens to engage with their state and federal elected representatives on this matter; that this Board urges the General Assembly to contribute to a productive and not divisive outcome; and furthermore, that this Board does not, and will never, endorse any effort to infringe on citizens' rights guaranteed by the Constitutions of the United States and the Commonw6alth of Virginia including the right to keep and bear arms as defined in the Second Amendment. Mr. Carroll seconded Ms. Haley's motion. Mr. Holland agreed to the motion and stated this issue has demonstrated the importance of teaching civics in our schools and how government works at the local, state and federal levels. He thanked citizens for participating and being passionate about this issue. Mr. Winslow thanked citizens for reaching out to him on this issue and stated he supports the motion. Mr. Ingle read his statement contained in Appendix B to the letter. Mr. Carroll expressed his appreciation for passion of the citizens who reached out to him as well as those who spoke at the December Board meeting. He then read his statement contained in Appendix B to the letter. On motion of Ms. Haley, seconded by Mr. Carroll, the Board adopted as a formal resolution the letter dated December 20, 2019 and addressed to the Honorable Members of the Chesterfield Legislative Delegation which relays what occurred at the regularly scheduled meeting on December 11, 2019, including comments made by each individual Board member, pertaining to proposed legislative changes that unlawfully restrict citizens' Second Amendment rights under the Constitution. (It is noted a copy of the letter is filed with the papers of this Board.) Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. 20-10 1/8/2020 9 Ic R L A 5. ANNUAL PRESENTATION OF CORNERSTONE ASSEMBLY OF GOD Reverend Shawn Franco presented the Board with a petition of thanksgiving and prayer from the Chesterfield citizens of Cornerstone Assembly of God. Ms. Haley thanked Reverend Franco and members of his congregation for his many blessings and kind words. 6. ADJOURNMENT On motion of Mr. Holland, seconded by Mr. Carroll, the Board adjourned at 6:50 p.m. until January 22, 2020 at 2:00 p.m. for a work session in Room 502. Ayes: Haley, Carroll, Ingle, Winslow and Holland. Nays: None. Chairman 20-11 1/8/2020 PI PI P7