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2025-01-08 PacketCHESTERFIELD COUNTY CHESTERFIELD, VIRGINIA 23832 AGENDA January 8, 2025 BOARD OF SUPERVISORS JIM INGLE BERMUDA DISTRICT JESSICA L. SCHNEIDER CLOVER HILL DISTRICT JAMES HOLLAND DALE DISTRICT KEVIN P. CARROLL MATOACA DISTRICT MARK S. MILLER, Ph.D. MIDLOTHIAN DISTRICT JOSEPH P. CASEY, Ph.D. COUNTY ADMINISTRATOR 6 p.m. Evening Session - Public Meeting Room, 10001 Iron Bridge Road 1.Invocation by the Honorable Jessica L. Schneider, Clover Hill District Supervisor 2.Pledge of Allegiance Led by Matt Harris, Deputy County Administrator 3.Organizational Meeting A.Election of Chair and Vice Chair B.Adoption of Rules of Procedure of the Board of Supervisors for 2025 C.Setting of Regular Meeting Dates for 2025 D.Adoption of Policy Allowing Remote Participation by Board Members at Board Meetings 4.Annual Presentation of Cornerstone Assembly of God 5.Adjournment A.Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors Page 1 of 18 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: January 8, 2025 Item Number: 3.A. Subject: Election of Chair and Vice Chair Board Action Requested: Summary of Information: The Board's first order of business is the election of Chair and Vice Chair for 2025. Nominations do not require a second. Attachments: None Preparer: Susan Wilson, Clerk to the Board of Supervisors Approved By: Page 2 of 18 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: January 8, 2025 Item Number: 3.B. Subject: Adoption of Rules of Procedure of the Board of Supervisors for 2025 Board Action Requested: Adoption of Rules of Procedure of the Board of Supervisors for 2025. Summary of Information: Each year at the organizational meeting in January the Board of Supervisors is required under state law to adopt Rules of Procedure governing the conduct of Board meetings for the year. The proposed changes to the previous 2024 Rules are 1) references to years have been adjusted to reflect that the proposed Rules of Procedure are for the 2025 calendar year, and 2) pronouns in Section 13 – Appointments, have been revised to be gender neutral like the rest of the Rules of Procedure. Attachments: 1. 2025 Rules of Procedure - PROPOSED Preparer: Jeff Mincks, County Attorney Approved By: Page 3 of 18 2024 2025 RULES OF PROCEDURE OF THE BOARD OF SUPERVISORS Providing a FIRST CHOICE community through excellence in public service Chesterfield County, Virginia As Adopted 01/03/2024 Page 4 of 18 1 As Adopted 01/03/2024 2024 2025 RULES OF PROCEDURE OF THE BOARD OF SUPERVISORS BE IT RESOLVED by the Board of Supervisors of the County of Chesterfield in accordance with Section 3.4 of the County Charter that the following rules of procedure shall govern the conduct of meetings and work sessions of the Board of Supervisors. Presiding Officer Section 1a. The Board's parliamentary procedures shall conform with law and the historical practices of the Board of Supervisors. The County Attorney shall act as parliamentarian to the Board. To the extent necessary to address any ambiguities in procedure, the County Attorney may consider the most recent edition of Robert’s Rules of Order, a Manual of General Parliamentary Law for guidance. Any questions involving the application of rules of procedure or the interpretation of Robert’s Rules shall be decided by the County Attorney. Section 1b. The chair or, in the absence of the chair, the vice chair, or in their absence the most senior member of the Board alphabetically, shall preside at all meetings of the Board, and on the appearance of a quorum, shall call the meeting to order. Once the meeting is called to order, the Board shall then proceed with its business. Section 1c. The presiding officer shall preserve order and decorum. The presiding officer may speak, make motions and vote on all questions, and shall decide questions of order and procedure. The chair may set reasonable time limits for speakers and public hearings; provided that by majority vote the Board may reject such time limits. Regular Meetings Section 2. Each year at its organizational meeting the Board shall set the regular meeting times and dates for that year provided, however, that the Board shall meet at least once each month. Whenever the regularly scheduled meeting date shall fall on a legal holiday, the regular meeting of the Board shall be held on the following day in accordance with §15.2-1416 of the Code of Virginia, 1950, as amended. The chair or, in the absence of the chair, the vice chair, may cancel any meeting because of inclement weather and should reschedule any canceled meeting at the earliest possible date by sending written notice to each member of the Board. Page 5 of 18 2 As Adopted 01/03/2024 Special Meetings Section 3. Special meetings of the Board may be called by two members of the Board or the chair in accordance with §§ 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Upon making such request, the Clerk shall specify the matters to be considered and shall notify in writing all members of the Board and the County Attorney immediately. The meeting may be held only if waivers are signed by every member of the Board and the County Attorney, or if every member and the County Attorney attend the special meeting. The order of business at a special meeting shall follow that of a regular meeting to the greatest extent possible. Voting Section 4. A quorum shall consist of at least three members of the Board. A majority of a quorum shall be sufficient to carry any question except tax issues, incurring of debt and appropriations in excess of $500, all of which shall require a majority of the full Board for adoption. No Board member is required to vote on any question, but an abstention, although not a vote in favor of carrying a question, shall be counted as a vote for the purpose of determining a quorum. A tie vote shall defeat the motion, resolution or issue voted on, provided that all zoning cases must be disposed of by a motion approved by a majority of those voting. An abstention is considered a vote for all purposes and defeats a motion requiring a unanimous vote. The Board shall not designate a tiebreaker pursuant to § 15.2-1421 of the Code of Virginia. Debate and Reconsideration of Vote Section 5a. Each Board member may participate in discussion of any issue only after being recognized by the chair. The chair shall not recognize a motion to “call the question” until every member desiring to speak has had a chance to speak. At the conclusion of debate, the question shall be called, and no further debate shall be in order. Section 5b. Any vote by a Board member is final once cast. Planning Commission decisions are final once made. No ordinance, resolution or motion previously voted upon by the Board shall be brought forward for reconsideration during the same meeting of the Board and shall be final unless changed by the Board at a subsequent meeting in accordance with law. Motions Section 6. When a motion is under debate, no additional motions may be made except a motion to withdraw, defer, substitute or to amend. If the maker of a motion and the member seconding the motion agree, a motion may be amended or withdrawn. Such motions shall take precedence in the order listed above. Only one substitute motion shall be in order for a principal motion. All motions to defer shall be to a date certain. Prior to voting on a motion to defer or remand, the Board shall hear public comments on the issue of deferral or remand if the scheduled item requires a public hearing. Page 6 of 18 3 As Adopted 01/03/2024 Agenda Section 7a. The County Administrator shall prepare an agenda for each regular or special meeting of the Board on which shall appear the title of each matter on which action is to be taken at that meeting. The agenda for each regular meeting shall (a) be prepared at least five days prior to the meeting, (b) be promptly mailed or delivered to each member of the Board or placed in the repository assigned to such Board member, and (c) be distributed to appropriate officers and employees of the county government and members of the public and media requesting copies. Section 7b. Upon a majority vote of the Board of Supervisors, any item may be added, removed, or modified when the agenda is voted on, and the chair may allow any agenda item to be called out of sequence. Section 7c. Any matter not on the scheduled agenda may be heard after the agenda has been approved by the Board only upon the unanimous vote of the Board members present. Any such matter must be of an emergency nature, vital to the continued proper and lawful operation of the county. Section 7d. No matter on the scheduled agenda shall be considered after 11 p.m. without the unanimous consent of the Board. Any matter not heard shall be automatically continued to the next appropriate scheduled meeting of the Board. Section 7e. Requests for tax exemptions by eligible non-profit organizations shall only be considered in December of each year, and tax exemptions, if granted, shall be limited to $5,000 per year. Order of Business Section 8. Unless changed by the chair, the order of business at a regular meeting of the Board shall be as follows beginning at 2 p.m. or an alternate specified meeting time: 1. Approval of minutes of previous meetings if such minutes have not already been approved. Such minutes shall be included in the agenda package. Reading of the minutes shall be automatically dispensed with. 2. Requests to postpone agenda items and additions, deletions or changes in the order of the presentation. 3. Everyday Excellence 4. Work sessions. 5. Reports. Page 7 of 18 4 As Adopted 01/03/2024 6. Fifteen-minute citizen comment period on unscheduled matters involving the services, policies and affairs of the county government. Such comments may be received through the Board’s digital meeting portal. 7. Closed Session. 8. Recess for dinner. Closed session may be conducted during dinner recess. 9. Invocations in accordance with the Clerk’s scheduling policy followed by the pledge of allegiance at 6 p.m. 10. Pledge of Allegiance. 11. County Administration Update. 12. Board Member reports. 13. Special resolutions of recognition not heard at the afternoon session. 14. New business. 15. Fifteen-minute citizen comment period on unscheduled matters involving the services, policies and affairs of the county government. Such comments may be received through the Board’s digital meeting portal. 16. Deferred items. 17. Request for manufactured home permits and rezoning placed on the Consent Agenda. 18. Zoning and mobile home public hearings. 19. Remaining public hearings. 20. Fifteen-minute citizen comment period on unscheduled matters involving the services, policies and affairs of the county government. Such comments may be received through the Board’s digital meeting portal. 21. Adjournment. The Board shall confine their decisions to the matters presented on the agenda. Page 8 of 18 5 As Adopted 01/03/2024 Consent Agenda and Public Hearings Section 9a. Any Board member may remove an item from the consent agenda for comment by the Board. Any person may publicly speak to a consent item on that meeting’s “Consent Agenda” for up to three minutes, so long as the Board votes to remove that consent item from the Consent Agenda for public comment. The Board may accept written comments in lieu of oral statements. Section 9b. Any person may speak at a public hearing for up to three minutes except as provided in Section 1c.. A person who represents an organization may speak once at a public hearing for up to five minutes but only if i) three or more members of the organization are present at the public hearing, and ii) no member of the organization speaks at the public hearing other than the representative. An applicant in a zoning case may give an opening presentation of the zoning case for up to 15 minutes, regardless of the number of speakers the applicant chooses to give the presentation, and may give a rebuttal for up to five minutes after all citizens have spoken, regardless of the number of speakers the applicant chooses to give the rebuttal. Any person may address the Board on a public hearing item by leaving a comment through the Board’s digital meeting portal. Citizen Comment Period Section 10. Each citizen comment period shall be limited to a total of 15 minutes for in- person speakers and each in-person speaker may not exceed three minutes. Citizens may only speak once per meeting during the citizen comment periods. Comments must be germane to the services or policies of the county. No citizen shall speak on any matter of business that is a subject on the Board’s agenda for that day. Citizens may not yield time to other speakers. The Clerk shall only accept speaking requests for a Board meeting beginning at 8:30 a.m. on the first business day following the prior Board meeting and ending at 12:00 p.m. on the day of the meeting. The Clerk shall first fill available speaking slots with county residents. The Clerk shall make a list of the non- residents requesting to speak in the order the requests are received. 24 hours before the Board meeting, the Clerk shall fill any available speaking slots with non-residents from the list and shall notify such non-residents that they will be able to speak. At the beginning of the citizen comment period, the Clerk will read the names and comments will be given in the order read by the Clerk. Each citizen comment period will end after 15 minutes, regardless of the number of people who have signed up to speak. Persons speaking before the Board or leaving comments on the Board’s digital meeting portal will not be allowed to: a. Campaign for public office; b. Promote private business ventures; c. Use profanity or vulgar language; or Page 9 of 18 6 As Adopted 01/03/2024 d. Address pending litigation or matters to be addressed at that meeting. Minutes of Meeting Section 11a. The Clerk of the Board shall prepare and maintain adequate minutes of the proceedings of the Board in accordance with the requirements of the Code of Virginia, 1950, as amended. Each recorded vote shall indicate how each member of the Board voted. Preparation of minutes will not include every aspect of the Board’s meetings relating specifically to discussion and debate, but will include all significant events relating to official action. Section 11b. The Board may correct its minutes after approval of the minutes only upon a clear showing that a clerical or administrative mistake was made. Zoning Section 12a. If a majority of the Board is not re-elected, no appropriation for any capital project or operational program for a magisterial district or zoning case shall be considered by the Board of Supervisors after November 2, 2027, until the organizational meeting in January 2028; unless such delay for the zoning case would exceed 12 months. Section 12b. Without further action by the Board, rezoning applications (including conditional uses, conditional use planned developments and conditional zoning) are automatically referred to the Planning Commission for its recommendation upon completion of a zoning application with the Planning Department. Section 12c. No zoning case shall be considered by the Board of Supervisors if amendments, changes, withdrawals or proffers have been submitted by the applicant after the case has appeared in the newspaper pursuant to the required publication. All such cases shall be deferred to the next appropriate Board meeting for consideration or remanded to the Planning Commission after proper readvertising. Appointments Section 13. Appointments to committees of the Board and to authorities, boards and commissions shall be made only by resolution adopted by a majority of the full Board. Prior to consideration of the nomination, the nominee shall be notified to determine his their willingness to serve and to determine if he they meets the minimum qualifications for such appointment. Committees Section 14. The chair or the Board may create committees and shall appoint members to such committees in the same fashion in which the committee was created. Committees may hold hearings and perform such other duties as may be prescribed. A committee may be instructed Page 10 of 18 7 As Adopted 01/03/2024 concerning the form of any report it shall be requested to make, and a time may be fixed for submission of any report. The chair may create, and appoint members to, an Audit and Finance Committee, a County-Schools Liaison Committee and other committees as necessary. Amendment/Suspension of Rules Section 15a. The rules of procedure of the governing body may be amended at any time during the year by a unanimous vote of the full Board. Section 15b. The Board of Supervisors may suspend the application of any section of these rules by a unanimous affirmative vote of all Board members present at any time during the agenda. Sergeant at Arms A deputy sheriff shall serve as sergeant at arms. Page 11 of 18 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: January 8, 2025 Item Number: 3.C. Subject: Setting of Regular Meeting Dates for 2025 Board Action Requested: Summary of Information: The Board should establish its schedule for regular meeting dates and times for 2025. Staff recommends approval of the attached schedule. Attachments: 1. DRAFT 2025 BOS Meeting Schedule Preparer: Susan Wilson, Clerk to the Board of Supervisors Approved By: Page 12 of 18 11/6/2024 BOARD OF SUPERVISORS REGULAR MEETING DATES FOR 2025 Wednesday, January 8 at 6 p.m. (Organizational Meeting – Evening Session Only) Wednesday, January 22 at 2 p.m. Wednesday, February 26 at 2 p.m. Wednesday, March 12 at 2 p.m. (Budget Work Session in Afternoon; Regular Evening Session (no Zoning Requests unless properly advertised) in Public Meeting Room) Wednesday, March 26 at 6 p.m. (Budget Public Hearings followed by Zoning Requests at Evening Session) Wednesday, April 9 at 6 p.m. (Budget Adoption – Evening Session Only) Wednesday, April 23 at 2 p.m. Wednesday, May 28 at 2 p.m. Wednesday, June 25 at 2 p.m. Wednesday, July 23 at 2 p.m. Wednesday, August 27 at 2 p.m. Wednesday, September 17 at 2 p.m. (3rd Wednesday due to Rosh Hashanah) Wednesday, October 22 at 2 p.m. Wednesday, November 19 at 2 p.m. (3rd Wednesday due to Thanksgiving) Wednesday, December 17 at 2 p.m. (3rd Wednesday due to Christmas) __________________________________________________________________ Unless otherwise specified: •Afternoon work sessions are held in Room 502, 9901 Lori Road, and evening meetings are held in the Chesterfield County Public Meeting Room, 10001 Iron Bridge Road. •Afternoon work sessions typically begin at 2 p.m., break at 5 p.m. for dinner, and then resume at 6 p.m. Page 13 of 18 11/6/2024 •Business meetings are generally the 4th Wednesday each month, except for September, November, and December. Page 14 of 18 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: January 8, 2025 Item Number: 3.D. Subject: Adoption of Policy Allowing Remote Participation by Board Members at Board Meetings Board Action Requested: The Board is requested to adopt a policy allowing Board members to participate remotely at Board meetings subject to requirements of Code of Virginia §2.2-3708.3 Summary of Information: Virginia Code §3708.3 now requires all public bodies who have previously adopted remote attendance policies to annually readopt them. Staff recommends adoption of the Board’s previously adopted Remote Attendance Policy for the Chesterfield County Board of Supervisors which is attached. Attachments: 1. Board of Supervisors - Remote Attendance Policy Preparer: Jeff Mincks, County Attorney Approved By: Page 15 of 18 135048.1 1 As Adopted **/**/**** Remote Attendance Policy for the Chesterfield County Board of Supervisors In accordance with the requirements of the Code of Virginia §2.2-3708.3, A.A member of the Chesterfield County Board of Supervisors (“Board”) may participate in a Board meeting through electronic communication means from a remote location as follows: 1.If the request is due to a member’s personal matter, a. on or before the day of the meeting the member notifies the Chair of the Board (or Vice-Chair if the Chair is the member) that such member is unable to attend the meeting due to a personal matter and identifies with specificity the nature of the personal matter and the remote location from which the member is to participate; b. the Board records in its minutes the specific nature of the personal matter and the remote location from which the member participated; c. the member has not previously within the calendar year participated remotely due to a personal matter in two meetings or 25% of the annual meetings of the Board, whichever is greater; d. a quorum of the Board is physically assembled at the primary or central meeting location; and e. the Board makes arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. 2.If the request is due to a member’s temporary or permanent disability, or other medical condition of the member or the member’s family, that prevents the member’s physical attendance, a. on or before the day of the meeting the member notifies the Chair of the Board (or Vice-Chair if the Chair is the member) that such member is unable to attend the meeting due to the disability or medical condition and identifies with specificity the nature of the matter and the remote location from which the member is to participate; b. the Board holding the meeting records in its minutes the fact that a temporary or permanent disability or other medical condition prevents the member’s physical attendance and the remote location from which the member participated; c. a quorum of the Board is physically assembled at the primary or central meeting location; and d. the Board makes arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. 3.Conduct of meeting with member participating remotely. a. the member participating remotely will be joined telephonically to the meeting in such a manner that all voice communications can be heard Page 16 of 18 135048.1 2 As Adopted **/**/**** clearly throughout the entirety of the meeting. The Chair of the Board (or Vice-Chair if the Chair is the member) will confirm that the remotely connected member can be heard clearly, and that the remotely connected member can hear clearly the proceedings of the meeting, prior to the commencement of the remainder of the meeting. b. the member participating remotely will ensure that he or she is physically located in a reasonably quiet location to avoid disruption to the meeting proceedings. c. the remote attendance of any member at the meeting shall be announced at the beginning of the meeting or, in the event the member participates remotely after the beginning of the meeting, as soon as the member’s remote participation begins. B. As soon as possible after receiving a request for remote participation the Chair (or Vice-Chair if the Chair is the requesting member) shall advise the requesting member as to whether the request is approved or denied. Any rejection of the remote participation, along with the justification for the rejection, which rejection shall be only due to the failure to satisfy one or more of the required conditions listed above or due to technical difficulties rendering such remote participation unreasonably disruptive, shall be recorded in the meeting minutes with specificity. Page 17 of 18 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meeting Date: January 8, 2025 Item Number: 5.A. Subject: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors Board Action Requested: Summary of Information: Motion of adjournment and notice of a Board of Supervisors meeting to be held on January 22, 2025, at 2 p.m. in Room 502 of the County Administration Building. Attachments: None Preparer: Susan Wilson, Clerk to the Board of Supervisors Approved By: Page 18 of 18