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01-03-1984 Minutes l,(i I NUT E S ,January 3, !984 Supervisors in Attendance: Mr. Harry G. Daniel, C~airman Mr. G. H. Applegate, Vice Chairman Mr. R. Garland Dodd Mrs. Joan Girone Mr. Jesse J. Mayes Mr. Richar'd L. Hedrick County Administrator Staff in Attendance: Mr. Steve Micas, County Attorney It is here noted that the Board rescheduled the meeting set for January 4, 1984 at 10:00 a.m. to this date and time. Mr. Hedrick called the meeting to crder at the Courthouse in Room 502 at i0:00 a.m. (EST). Mr. Dodd gave -the inv',:3cation. On behalf of the :staff, Mr. Hedrick welcomed Mr. Mayes, Matoaca District, and Mil. App].egate, Clover H'i.]l District, new].y elected members of the Board of Super'vii';ors, and Mrs. Girone, Mr. Daniel and Mr. Dodd who were re..:turning members. He stated, staff looked forward to working wit?; each of t],em in the coutincf years. 1. ELECTION OF CHAIRMAN AND VICE C}IAiR~.~AN Mr. Hedrick stated the floor was now open for nominations for Ch a i rrna n. Mrs. Girone stated J.n the spirit of t. rying to achieve harmony, she would withdraw her name from con~_'-:ideration for either Chairman or Vice ChaJ.rman. Mr. Dodd nominated Mr. Daniel for C!~airman for 1984 as he fe!t this would be a critica~l year and it~~. had the expertise and the experience to serve the County wei]. tie stated no Chairman caa do the job effectively unless all five of the Board members work together. Mr. App].eqa'te seconded the motion and noted the same spirit. There were no other nominat"~- ,~.. ~r.s for Chairman Vote: Unanimo,a s Mr. Daniel stated hi~ apprecJ.~tJon for the Board's ~:n]ppor~. and vote of con.[J..~]e:oce by ~].ccting h~.m Che:[rman for the upcoming year. He stated he ~eit there wcr,e several, critical i ssue~ for ~he 1984-87 term. He st~,t~:'d j~ Jg[']., on a similar d,~ suc!~ as this, he spoke to [:he i'%o..~:~:d on 't?]re{.~ r.r'[[tical J_$~ueg which lie felt were facing C~.es~er.[[ie]fi County at that tinte which included the clevelopme~t of a soh(t,o! ("or~sltluf't.ion program, the need f:or an improved t. ran[:~fn'?'natJ, ot't ~v~;t~,m 'in l:he C(',ui~ty and f:he ne~d for the maintenance of a sound Jli~anci~i pos~Lion, for which Cheste'~-fietd is noted. He sf. ale~] [hr'ee vc~.~ !at~:r, we have made p'~.'cgress )n these issues but we still have challenges facing the County. ~e stated the school construction program is almost complete, ¢ith two new elementary schools and a new high school which is ~nder construction and many other improvements at the older ~chools. He stated but when we turn to education in the next four years, the focus is going to be on the delivery of education in the classrooms which includes teacher compensation, development of skills of the teaching staff and the basic need from the State to fund the goals and objectives that are set forth and the State mandated standards of quality. He stated across the County, no matter who you talk to, you continue to hear about the critical problem in Chesterfield which is to improve the road system. He stated three years ago, the Board talked about innovative methods and technics needed to finance our road system and we have made significant progress. He stated this year it is anticipated that Congress will pass the Interstate 95 toll extension bill which will provide for the initial construction of 288 from 1-95 to Route 10. He stated, also, this year our legislators will be introducing a bill in the Virginia General Assembly for 9C funding for the Powhite Extension. He stated over the next four years, we must focus our attention on the improvement of the secondary roads in Chesterfield County. He stated there are projects in the six year plan but requested that the County Administrator within 60 days bring to the Board, a listing of priority secondary road projects which are not on any funding schedule along with their estimated cost. He stated staff should objectively present to the Board for consideration some alternatives for financing these priority, but non-funded projects. He stated that local governments across the nation continue to face the financial pressures of higher operating costs and increased demands for public services and the County is not immune from those problems. He stated we see it as a result of cut backs in federal funding which in turn affects state funding for programs and we also see the reluctance of voters to approve higher taxes to fund governmental services. He stated the County Administrator for the past two years has worked to improve the efficiency of the County. He stated that if you look at the basic quantitative indicators of number of County employees per capita or look at the cost in constant dollars per capita, this can be demonstrated quite clearly. He stated as the population growth demands continue for improved services in the areas of public safety, police and fire protection, in particular, human services and recreation, continued financial pressures will be placed on the County. He stated to address these issues in a collective manner w~l! requ~.re goal oriented management for the County. He stated Mr. Hedrick has given the Board a proposal for a seminar on governmental management, but the theory must be put into practice. He stated be hoped within 30 days after this meeting, that the Board can meet with Mr. Hedrick and the senior staff in an organized conference to clearly define revenue and service goals for the upcoming year. He stated the financial position of the County will continue to depend on the management of population and business ~rowth and to maintain that balance. He stated in a recent work session it was clearly demonstrated that population growth is continuing to outstrip business growth in Chesterfield. He stated in retrospect we have had a good record in attracting business to Chesterfield County and it is not by accident because we have the resources to attract good, clean business such as water, labor, an excellent school system, a transportation network and~ certainly, the quality of life. He stated our past efforts, although good, are no longer good enough. He requested Mr. Hedrick to review the entire effort in Economic Development and bring to the Board, within 60 days, a complete review as well as some recommendations for a more aggressive Economic Development P£ogram in the County. He stated he would like to adr3ress e, nother issue which is loDg overdue for the County a];d that .is to make the Board meetings more accessible ~o ~:he c~.[.f, zens of the County. He stated he would recommend that the Board experiment this year by holding its first meeting of the month, the second Wednesday of the month, at 7:00 p.m. He stated this would give the citizens who cannot attend during the day, the opportunity to attend at night. He stated he would suggest the second meeting of the month, the fourth Wednesday, continue as a day meeting. He stated 1984 through 1987 are going to be critical and challenging years facing the County. He stated each member of the Board brings very special talents to the Board and collectively these talents can be used to work to solve the many problems facing the County. Mr. Daniel stated the floor was now open for nominations for Vice Chairman. Mr. Dodd nominated Mr. Applegate for Vice Chairman for 1984. Mr. Mayes seconded the nomination. There were no other nominations for Vice Chairman. Vote: Unanimous 2. APPOINTMENT TO CHESTERFIELD COUNTY PLANNING COMJ4ISSION Mr. Daniel stated the next item of business was the appointment of a Board member to the Chesterfield County Planning Commission. Mr. Applegate nominated Mr. Dodd to the Chesterfield Planning Commission whose appointment would be effective immediately and would expire on December 31, 1987. Mr. Mayes seconded the nomination. There were no other nominations. Vote: Unanimous Mr. Daniel opened the floor for nominations for the Chesterfield Planning Commission from each Magisterial District. Mr. Daniel stated the first meeting of the Planning Commission would be January 17, 1984. Mrs. Girone and Mr. Applegate stated they were not ready 'to make appointments at this time but would do so at the regular meeting of the Board on January 11, 1984. Mr. Mayes nominated Mr. Lawrence R. Belcher from Matoaca District, Mr. Dodd nominated Mr. David E. Thomas from Ber~u~ta District and Mr. Daniel nominated Mr. Kelly E. Miller from Dale District. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board appointed Mr. Lawrence R. Belcher, Matoaca District; Mr. David E. Thomas, Bermuda District; and Mr. Kelly E. Miller, Dale District, to the Chesterfield County Planning Commission effective immediately whose terms would expire on December 31, 1987. Vote: Unanimous 3. APPOINTMENTS Mr. Daniel stated that he had talked to members of the Board who stated preferences for appointments and moved that the following people be appointed to the listed co~ittees for terms as indicated: ae Richmond Regional P!an]~ing District Commission - Mr. Applegate, Mr. P~niel and M£s. Girone whose terms would be effective immediately and would expire on December 31, 1987. Richmond MetropolJ~tan Planning O~ganization (MPO) - Mr. Applegate and Mr. Mayes w~'~.~:se terms would be effective immediately snd wo[~!d expire on December 31, 1987. Ee Tri-Cities Metropolitan Planning Organization (MPO) - Mr. Mayes whose term would be effective immediately and would expire on December 31, 1987. Social Services Board - Mr. Mayes whose term would expire o~ December 31, 1987. (See subsequent page indicating appointment cannot be made until expiration of Mrs. Girone' term on June 30, 1984.) Budget and Audit Committee - Mr. Dodd and Mr. Mayes whose terms would be effective immediately and would expire on December 31, 1987. Roads Committee - Mr. Applegate and Mrs. Girone whose terms would be effective immediately and would expire on December 31, 1987. Executive Committee - Mr. Daniel and Mr. Dodd whose terms would be effective immediately and would expire on December 31, 1987. Crater Planning District Commission - To be determined late~ but with the intention of appointing Mr. Mayes if and when seat becomes availab].e to Chesterfield County. Executive Board of the Virginia Association of Counties - Mrs. Girone to continue to serve representing the County. (It is intent of this item, that the County did lobby and will continue to lobby and support Mrs. Girone to repxesent the County on this Board if and when the election comes up again.) Mr. Daniel stated the Roads Committee is the committee which had been appointed by the Board for the past several years regarding all roads in the County, not only Powhite. Mr. Daniel stated the Executive Committee is a newly formed Committee which he would like appointed to serve as a liaison between the Board and the County Administrator, between the Boar, of Supervisors and the School Board, between the Board and the General Assembly Delegation, etc. as situations arise. He stated the name of the Audit Committee has changed to the Budget and Audit Committee as the auditors have recommended some specific procedures be set forth in budget management and he hoped this Committee would also address those issues. Mrs. Girone stated that the Richmond MPO meets the same day at 1:30 p.m. as the Richmond Regional Planning District Commission which meets at 3:00 p.m. She stated this was set up this way because some days the MPO does not have an agenda, meets as infrequently as every other month, etc. She stated that she felt the membership for these two groups should be the same in that it would save transportation and parking costs, the RRPDC and the MPO deal with road planning and they work together regarding these issues, etc. She stated she felt this was only practical. She inquired about what the Board planned to do abou~ the Crater Planning Commission and the Crater MPO. She stated perhaps Mr. Mayes interests may be more directly related to this area. There was some discussion regarding the voting membership of the RicLmond MPO and it was generally agreed that staff should provide support functions and further added Mrs. Girone's name as an appointee to the Richmond MPO along with Mr. Applegate and Mr Mayes for the same term. Mr. Hedrick stated staff is compiling a report regarding the County's involvement in the Crater Planning District Commission for Board consideration. Mi?. Ded~ stated Mrs. Girone's point wa~ well taken as he and Mr. Mayes both have an interest in the tri-cities area. He inquired if the Board would still have a representative to the Crater Planning District Commission. Mr. Hedrick stated that we do not. have a representative nor are we entitled to one as presently structured. He stated we are not members of the Crater Planning Commission but are involved in an ex-officio capacity. Mr. Mnyes inquired why the County was not member of the Crater P[anninq District Commission. Mr. Hedrick stated there was some history involuted which evolved around Chesterfield being physically lo, cared between the Richmond and Crater Commissions. He stated at ~hhe 'time the Planning Commissions were formed, it was quite a long time before the County joined the Richmond Regional Planning District Commission. He stated that once the County joined, there was consideration of joining a second but there were some problems. Mr. Micas stated there were some problems discussed as choosing to part of one Planning Commission or the other, monetary problems, etc. Mr. Hedrick stated a report is being prepared for the Board which addresses this issue as well. Mr. Mayes stated he would like to be involved in both cases. Mrs. Girone stated that she felt the Board should have a positive attitude about joining the Crater Planning Commission, subject to the report of the staff, and she would encourage involvement in that Commission also. Mr. Dodd seconded the motion which was amended to include Mrs. Girone being appointed to the Richmond MPO along with Mr. Applegate and Mr. Mayes for the same term. Vote: Unanimous Mrs. Girone stated she felt the Richmond MPO would be greatly enhanced if the three elected officials attend because the problem has been that they have had too many staff members coming from the other jurisdictions and she has many times been the only elected person present. Mr. Hedrick stated as he understands it, the Roads Committee will continue to exist but in a more formalized manner than in the past, staff will deal with the Roads Committee as has been done with the Audit Committee, and staff will meet with those representatives to review with them items that are to be subsequently presented to the entire Board. Mr. Daniel stated that was correct. He stated this Committee would be the liaison for the Board and would do the preliminary work as has been done on other committees. Mr. Hedrick inquired about the Executive Committee. Mr. Daniel stated this would be an ad hoc committee and meetings could be requested by Mr. Dodd, Mr. Daniel or Mr. Hedrick. Mrs. Girone inquired about the Social Services Board appointment which had been made. Mr. Daniel stated he understood Mrs. Girone's term had expired effe~'~tive December 31, 1983. Mr. Hedrick stated that the term for members of the Social Services Board expire in June of 1984 and June of 1985. Mr. Daniel apologized as he thought the term expired on December 31, 19~3. He stated that as a matter of procedure that appointment would be eliminated from the list of appointments made by the previous motion as the term had not expired. Mr. Daniel referred to tl~e list of appointments necessary for other committees. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board reappointed Mr. Duane C. Watson and Mr. Jack Snyder to the Community Corrections Resources Board effective immediately whose terms would expire on December 31, ].985. Mr. Mayes inquired if there were only two appointments to ~his Committee. Mr. Hedrick stated that was correct and it was totally State funded. Mrs. Gir~ne e×plained that this was a pilot program and later there may be some changes. Mr. Mayes stated he felt this program should be expanded and be broader than just those two me~ers and requested that this be investigated with the ~udges. Mr. Daniel stated that the Board should vote on this motion and requested Mr. Hedrick to explore the situation to see if the role csn be expanded and put togethe~ documentation as to its origin, what the code allows, etc. Mr. Hedrick stated he felt thi~ was experimental and h~d been left the hands of the Judges but he would research the matter. He stated there are five people on the Board with only these two terms expiring at t~is time. Vote: Unanimous It was generally agreed that the appointment of the Chesterfield County Planning Commission member to the Richmond Regional Planning District Commission should be deferred until the entire Chesterfield County Planning Commission was appointed and have the Commission recommend a name. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board reappointed Mr. Raymond Hevener to the Richmond Regional Planning District Commission as the citizen representative whose term is effective immediately and will expire on December 31, 1987. Vote: Unanimous On motion of Mr. Dodd, seconded by Mrs. Girone, the Board reappointed Mr. Robert W. Allen to the Personnel Appeals Board whose term is effective immediately and will expire on December 31, 1986. Vote: Unanimous It was generally agreed that the Toll Road Authority appointment would be held in view of the activity underway and until the County hears from the General Assembly delegation as to how things are developing. On motion of Mr. Mayes, seconded by Mr. Dodd, the Board appointed Mr. Cecil Williams to the Appomattox Basin Industrial Development Corporation effective immediately until September, 1984 filling the unexpired term of Mr. William Gill. Vote: Unanimous On motion of Mr. Dodd, seconded by Mr. Daniel, the Board appointed Mr. Mayes as the Board's representative to the Appomattox Basin Industrial Development Corporation effective immediately until September, 1984 which is the unexpired term of Mr. J. Royall Robertson. Vote: Unanimous On motion of Mr. Mayes, seconded by Mr. Dodd, the Board appointed Mr. J. Royall Robertson to the Museum Committee effective immediately and whose term will be at the pleasure of the Board and represents the Count~ at-large. It is noted that Mr. Robertson had been serving as the Board's representative previously. Vote: Unanimous It was generally agreed that the Board appointment to the Museum Committee be deferred u.nti] January ii, 1984. Mr. Dodd stated he was under the impression that the Judges were considering moving ~he Board of Equalization of Real Estate Assessments back to ~ five member Board. Mr. Daniel stated that. he felt this Board should pa~ss on this until we hear what the Judges are pl~,.n~ing as i~' '~.s their prerogative under State ~.ode. Mr. Hedrick stated he thought ~.t was the Board's prerogative to decide whether it be five or three members. He stated that he thought the Board went back to five members but the Judges only decided to appoint three last year. Mr. Dodd moved that the Circuit Court Judges are hereby respectfully requested to appoint a five member Board of Equalization of Real Estate Assessments. Mr. Mayes seconded the motion. Vote: Unanimous Mr. Hedrick stated there is a section of the Code which addresses this matter and it may have to come back to the Board for adoption at the next meeting. Mr. Daniel stated if this resolution was not in proper form, that it be placed on the January 11, 1984 agenda. It was generally agreed names would be not submitted today until the number is determined. On motion of Mr. Daniel, seconded by Mr. Dodd, the Board appointed Mr. Robert Brittle to the Metropolitan Richmond Convention and Visitors Bureau, representing the County at-large. whose term is effective immediately and will expire on December 31, 1985. Vote: Unanimous On motion of Mr. Daniel, seconded by Mr. Dodd, the Board reappointed Rev. Malcolm Hutton, Dale District, and Mrs. Yvette Ridley, Matoaca District, to the Community Services Board whose terms are effective ~mmediately and will expire on December 31, 1986. · Vote: Unanimous It was noted that the report indicatzng that a vacancy exists for the Community Services Board for Clover Hill District is incorrect. He stated that another vacancy does exist for Dale District, replacing Mro Robert Carlson who is ineligible for reappointment. 4. SCHEDULE OF REGULAR MEETINGS Mrs. Girone stated that she would like the Board to consider holding the zoning meetings at night as she felt the interest the citizens have is mainly in the zoning cases. She stated that she had discussed this with many people, and they watch the morning sessions of the Board on cable. She stated the first meeting of the month is generally administrative matters and very seldom includes any items of general interest for the public for which they would participate. She stated the public likes to be involved in zoning and cannot when they are working during the day. She suggested that the Board meet at 3:00 p.m. for the general business, recess for dinner and reconvene for zoning at 7:00 p.m. Mr. Dodd stated that he felt if the zoning meeting were moved to the night session, the Board might be in the same position as the Planning Commission going until 11.:00-11:30 p.m. He stated he would like the Board to start the night meetings with the short meetings and reevaluate it next year. Mr. Daniel stated he felt the Planning Commission meeting is already held at night and the -citizens do have an ample opportunity to be heard on zoning cases and this would give a broader spectrum with 'the regular business meeting. Mr. Applegate inquired if the meetings could be changed after several months if it was determined that the ci~izens preferred the zoning meetings ~.o be held at night. Mr. Micas stated it legally appropriate for the Boar~! to co~[sider the regular meetings once a year ]>u~'~ they could adjourn 'to the desired date and time, technical!y~ ~t the e~'~d of the previous meeting. Mr. 84-7 Daniel stated whatever date is set, if it is not acceptable afte2 a year, ~.t can be changed. On motion of Mr. Dodd, seconded by Mr. Mayes, the Board set 7:00 p.m. on the second Wednesday of each month, and 9:00 a.m. on the fourth Wednesday of each month for regular Board meetings. Vote: Unanimous Mr. Micas stated that for clarification, if the Board chooses to hold work sessions at 3:00 p.m. on the second Wednesday of the month, the Board will have to adjourn from the fourth Wednesday the previous month to that date and time or either sign waivers. Mrs. Girone stated the Board should establish this as a time to work with Mr. Hedrick as he deems necessary and it was on her motion, seconded by Mr. Mayes, resolved that the Board establish 3:00 p.m. on the second Wednesday of the month to work with Mr. Hedrick and it would be customary that the Board adjourn from fourth Wednesday of the previous month to that time if a work session is necessary. Vote: Unanimous 5. RELATIONSHIP STATEMENT BETWEEN BOARD AND COUNTY ADMINISTRATO! Mr. Daniel inquired if there were any discussion regarding the policy statement defining the relationship between the Board and the County Administrator. Mrs. Girone stated a minor technical change that should be made is that ~he resolution speaks to the "County Administzator" form of government which is actually the "Traditional" form of government. Mr. Daniel stated this resolution is not proposing to change the form of government and all references to the Ccunty Administrator form of government should be changed to the Traditional form in the resolution. Mrs. Girone stated that item ~5 states that problems should be handled through the County Administrator rather than requesting assistance from County employees. She inquired if this covered such as actions as notifying the Police Department of a road situation where speeding occurs and should she, in the future, address this to the County Administrator. Mr. Mayes stated that was not the intent of the item, but to establish guidelines and not place the County Administrator in an embarrassing situation. Mrs. Girone stated that small, mundane items that are brought to her attention need not be brought to the attention of the County Administrator. Mr. Daniel stated something of that nature would be considered an inquiry rather than a problem. There being no further discussion, it was on motion of Mr. Mayes, seconded by Mr. Applega~e, resolved tha-t the following resolution be adopted: Whc~'~as, Chesterfield Coe~,%y, as a rapidly urbanizing, full-service County is entering ~} era which demands imaginative responses by the Board of Supe~'visors to problems never before faced in this County; and Whereas, The most important challenge will be to continue tc provide a multitude of services in an efficient and tranquil manner without repeating many of the mistakes made by existing counties and older cities; and Whereas, The manner of operating any county that may have worked well years ag© when counties were rural in character, and offered few services, may not be the model this Board should adopt to address the challenges this County faces today; and Whereas, It is incumbent upon this Board to apply sound business management techniques to the Chesterfield County Government. The experience of private industry has shown that any large organization must establish an administration with well-defined operational relationships and areas of responsibility in order to operate effectively. Chesterfield County retains the Traditional form of government, which, by statute, is perhaps the least defined of all forms of county government; nevertheless, this form of government provides great flexibility to the Board to structure the responsibilities of th~ County Administrator to execute the desires of the Board; and Whereas, This Board, under the Traditional form of government, should act as a legislative body, and should focus attention and energies on the legislative and policy-making functions while leaving the execution of Board policies, and the administration of the County, based on Board policies to the County Administrator. Once Board policies are in place, no individual member of the Board should attempt to subvert the uniform application of these policies by interfering in the proper administration of Board policies as defined by the Board; and further, no individual member of the Board shall, in any for! or fashion, direct the County Administrator, or any member of hi subordinate staff, to perform a function or take an action, in the name of the Board, unless that member acts in concert with the Board and in compliance with general laws of State and Count~ regulations; and Whereas, With respect to problems of administrative service to the County, Board members should first make inquiry through the Office of the County Administrator; no individual member of the Board should give orders, either publicly or privately, to any individual or County employee concerning such problems, until, and after, the County Administrator has been informed; an~ Whereas, The members of the Board, collectively, recognize that they are the Chief Administrative officers for all of the affairs of the County; and that, it is the function of the Board to provide objective policies for the County which reflect moder management concepts. Thi~ Board should respect the responsibilities of the County Administrator, and should be committed to allowing him to execute Board policies on a day to day basis without interference from individual members of the Board; and Whereas, This Board of Supervisors and the County Administrator must never become competitors or adversaries, and therefore, should mske sure that there is an understanding of what each Board policy means before it is executed by the County Administrator; and Whereas, This Board has chosen the County Administrator as the Executive Arm of the Board because it is felt that the County Administrator has the necessary executive and administrative expertise to provide the Board with positive proposals for Board actions based on sound principals of public management; and Whereas, Richard L. He,rick, over approximately the last three years, has demonstrated abroad range of behavioral skills that are necessary to make decisions in the give-and-take of a democratic government, this Bosrd of Supervisors should recognize the contributions of Mr. Hedrick to Chesterfield County in this resolution. Now, Therefore, Be I~ Resolved by this Board of Supervisors that: Chesterfield County will be governed by the Traditional form of government. This Board, under the Traditional form of government, will act as a legislative body, and will focus its attention and energies on the legislative and policy-making functions while leaving the execution and the administration of Board policies to the County Administrator. Once Board policies are in place, no individual member of the Board will subvert the uniform application and administration of these policies. No individual member of the Board will, in any form or fashion, direct the County Administrator, or any member of his subordinate staff, to perform a function or take an action, in the name of the Board, unless that member is acting in concert with the Board and in compliance with the general laws of the State and County regulations. With respect to problems of County administrative services, Board members will first make inquiry through the Office of the County Administrator, and no individual member of the Board will give orders, either publicly or privately, to County employees concerning such problems, until and after the County Administrator has been informed. This Board respects %he respons'[bilities of the County Administrator and is committed to allowing him to execute Board policies on a day to day basis without interference from individusl members of the Board· The County Administrator serves at the pleasure of the Board of Supervisors, and Richard L. Hedrick has the full confidence and support of this Board. Vote: Unanimous 6. ADOPTION OF RULES OF PROCEDURE FOR BOARD MEETINGS Mr. Daniel inquired if there were any questions regarding the rules of procedures for Board meetings· Mrs. Girone stated that in Section 5, Item (f) provides for unscheduled matters to be heard involving tl~c services, policies and a~fairs of the County government or claJ.ms against th~ Board. She stated this once was allowed and everyone appeared fi'om unsuccessful bidders to people complaining about drainage, etc. She stated there would be no way to limit this to five minutes or 30 minutes· She state~ she felt if the Administraticn or the Board members did their job and still could not resolve a problem, then it could be placed on the agenda. Mr. Daniel stated that these matters would still have to be on the agenda and it did not mean to imply that there would be an open session for anyone to come 3n and discuss matters of concern. He stated this~i~ outlJ, ned in Section 6 as to the procedure to be followed to speak at the Board meeting· Mr. Applegate stated since the Board agenda is set five days prior to the meeting, that perhaps this also be the deadline for the citizens ~o get on the agenda, it was generally agreed that this req~,est by citizens would have to be 24 hours prior to the date of the finalization of the agenda ~or that meeting and tha't 5(f) should have added %o the end "as provided in Sect.ion 6". Mr. Dodd inquired about emergency situations that might arise· Mr. Daniel stated there is a provision in the rules for emergencies in that the agenda can be modified the day of the meeting to handle these types of situations. Mrs. Girone stated Section ll states that t.}'~:~ Chairman may call any item on the age,s<la "out of order" but she felt it meant to say "out of sequenceTM It was !~era].ly agreed this would be amended. 84--10 Mrs. Girone inquired if Section 18, last paragraph, was being so restrictive that it would cause the Board problems in the future. She stated this says that requests by members of the Board to the County Administrator for information or clarification concerning the administration of the County, shall not be presented or raised at a meeting of the Board unless submitted in writing to the County Administrator and unless his response does not resolve the issue. She stated that a Board member might inquire about a status of a certain project and this section may be cited. Mr. Dodd stated he felt this was a judgment situation. He stated it was designed to keep the Board from creating a major policy change as a casual statement before going through proper procedural changes. Mr. Micas suggested the wording be changed to replace "information or clarification concerning" to "criticism or concerns regarding". It was generally agreed to make this amendment. Mr. Hedrick requested that Section 10 (b) be amended to include "mailed or delivered" rather than just "mailed". Mrs. Girone requested that 10(c) be amended to include "the media" as well as employees of the county government and members of the public requesting copies. It was generally agreed to make these amendments. Mr. Micas reminded the Board that if and when the Board adopts these rules they should be committed to following them as he will be compelled to advise the Board to adhere to them. He stated for example, the Planning Commission member names to be submitted at the meeting on January 11, 1984 will not be able to be voted on until January 25, 1984 when the Planning Commission will be holding a meeting on January !7, 1984. Mr. Daniel inquired if the Board could include a statement that specifically exempts these appointments and also that another statement be included which would allow the Board at the beginning of a meeting to modify the rules for a situation such as this, that the Board may not be aware of. Mr. Micas stated that the Board could exempt these specific appointments by an amendment and additional sections could be added to allow for suspension of the rules but the Board should set a rule as to the votes necessary for a change. It was generally agreed that a unanimous vote would be necessary to suspend the procedures. Mrs. Girone stated that she hoped the Board would not begin changing chairs at the meetings. It was generally agreed that the seating arrangement at the Board meet~ngs would remain as with the exceplion of the changing for ~he Chairman and Vice Chairman. On motion of the Board, the following procedures for the Board of Supervisors were adopted: PROCEDURES OF THE BOARD OF SUPERVISORS BE IT RESOLVED by the Board of Supervisors of the County of Chesterfield that the following rules of procedures shall govern the conduct of meetings of the Board of Supervisors during the 1984 calendar year. Presiding Officer Section ]. Except as modified herein or as provided by law, Robert's Rules, a Manual of General Parliamentary Law shall be the parliamentary authority of the Board of Supervisors. Any questions involving the interpretation or application of Robert's Rules shall be addressed te the County Attorney. Section 2. Tile Chairman, or the Vice-Cheirman, or in their absence, the most senior member of th~ Board, shall preside at all meetings of '[he Board, and on the mppea£ance of a quor~m shall call the meeting 'to or,er and the Board sha].l then p~~oceed with its business. 84-11 Section 3. The presiding officer shall preserve order and decorum. He may speak, make motions, and vote on all questions and he shall decide questions of order and procedure. Quorum Section 4. A quorum shall consist of at least three members of th~ ~-6-J-~. A majority of a quorum shall be sufficient to carry any question except tax issues and appropriations in excess of $500.00 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 determing a quorum. A tie vote shall defeat the motion, resolution or issue voted on. Order of Business Section 5. The order of business at a regular meeting of the Board shall be as follows: (a) Non-sectarian invocation conducted by members of local clergy; otherwise by a member of the Board. (b) Approval of minutes of the previous meeting. (c) County Administrator's comments. (d) Requests to postpone action with respect to any matter on the agenda. (e) Special resolutions of recognition. (f) Hearing of citizens on unscheduled matters involving the services, policies and affairs of the county government or claims against the Board as provided in Section 6. (g) Items tabled or deferred from previous meetings. (h) Public hearings. (i) New business in a format developed by the County Administrator. (j) Adjournment. The Board shall confine their decisions to the matters presented on the agenda. Section 6. The hearing of cit±zens on unscheduled matters concerning the services, ~olicies and affairs of the County or claims against the Board shall not exceed thirty minutes. Each citizen desiring to present any matter within this category shall be allotted appropriate time to present his case by the presiding officer, not to exceed five minutes. Every citi~en desiring to present a matter to the Board shall 24 hours prior to the date of finalizing the agenda for that meeting notify the Clerk of his intent to speak and the topic. No citizen shall speak on matter o~ business which is the subject of an ordinance or resolution included on the Board's agenda for that day. Persons appearing before the Board will not be allowed to: (a) Campaign for public office; (b) Promote private business ventures; (c) Address matters within the ~dministrative province of the County Administration (d) Engage in personal attacks; or (e) Use profanity o~ vulga~ language. Section 7. Except in extraordinary circumstances, the maximum time allotted to persons speaking as proponents of or in opposition to any matter under consideration by the Board shall not exceed thirty minutes for the proponents and thirty minutes for the opposition. Any person speaking to a matter shall be limited to such period of time as shall be allotted by the presiding officer. Section 8. The order of business at a special meeting shai] follow that of a regular meeting to the greatest extent possible. 84.~-12 ¸3' Minutes of Meeting Section 9. 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. Minutes shall be included as part of the agenda package for the subsequent meeting of the Board. Agenda Section 10. 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 9overnment and members of the public and media requesting copies. Section 11. The Chairman may, in his discretion, call any item on the agenda out of sequence. Section 12. Any matter not on the scheduled agenda, may be heard on the day of its introduction only if authorized by the Chairman. Any such matter must be of an emergency nature, vital to the continued proper and lawful, operation of the County. Section 13. A motion to remove any matter from the agenda may be made at any time and must be adopted by the vote of at least three members. Motions Section 14. When a motion is made, it shall be accurately stated by the presiding officer prior to voting on the question. Section 15. When a question is under debate no motion may be made except a motion to adjourn, to table, to substitute, or to amend. Such motions shall take precedence in the order listed above. Section 16. A motion to adjourn by a member shall always be in order and the motion shall be decided without debate. Reconsideration of Ordinances, Resolutions and Motions Section 17. No ordinance, r~so.lution or motion previously voted upon by the Board shall be b~ought forward for reconsideration during the same meeting of the Board. Debate Section 18. The patron of an ordinance, resolution, motion or other matter may speak to the ordinance, resolution, motion or other matter. Each member of the Board may participate in discussion of any issue only after being recognized by the Chairman. Each Board member ~ill be allotted an appropriate period by the Chairman to speak to the matter. Each member of the Board shall be afforded an opportunity to speak before any member of the Board may speak a second time. At the conclusion of debate, the question shall be? called and no further debate shall be in order. Requests by members ©f the Boar~J 'to the County Administrator relating to criticisms or concerns regarding the administration of the County, except when related to agenda items, shall not be presented or raised at a regular or special meeting of the Board unless first subm~lted i~] writing to the County Administrator and unless his response does not resolve the issue. 84-] ~ R_~ular Meetings Section 19. Each year at its organizational meeting the Board shall set the regular meeting times and dates for the following 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 §15.1-536 of the Code of Virginia. Special Meetings Section 20. Special meetings of the Board may be called by two members of the Board in accordance with ~15.1-537 and 15.1-538 of the Code of Virginia, 1950, as amended. Upon making such request the Clerk shall n0~ify all members of the Board and obtain approvals of such request in accordance with the requirements of the Code. Appointments Section 21. 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 at a meeting subsequent to the meeting when the name has been offered to the Board for consideration. Prior to consideration of the nomination, the Clerk to the Board shall notify the nominee to determine his willingness to serve and to determine if he meets the minimum qualifications for such appointment. Con~.ittees Section 22. The Board may establish committees and provide for the appointment of members to such committees by the Chairman. Committees may hold hearings and perform such other duties as may be prescribed. A committee may be i~structed concerning the form of any report it shall be requested to make and a time may be fixed for submission of any report. Amendment of Rules Section 23. The rules of procedure of the governing body may be amended at any time during the year by a resolution of a majority of the full Board. Section 24. The Board of Supervisors may suspend the application of any section of these rules by a unanimous vote of the full Board taken in advance of an agenda item considered under the suspended rules. The requirements of Section 21 ~p~oointments shall not apply to the appointment of the original Planning Commission members appointed for the 1984 Planning Commission. ~ote: Unanimous Dn motion of Mr. Dodd, seconded by Mr. Mayes, the Board went into Executive Session to discuss legal matters involving Fralin and ~aldron v. the Board of Supervisors, Dunning v. the Board of ~Upervisors, and for personnel matters as permitted by Sections ~.1-344 (a) (6) and {1), respectively, of the Code of VirginJ.a [950, as amended. · · ~ote: Unanimous ~econvening: On motion of Mr. Dodd, seconded by Mrs. Girone, the Board adjourned at 1:15 p.m. until 7:00 p.m. on January 11, 1984. Vote: Unanimous Rid~a~d L. Hedrick County Administrator Chairman 84-]5