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07-30-1986 MinutesBO~RD OF SUPERVISORS MINUTES July 30, 1986 Supervisors in Attendance Mr. R. Garland Dodd, Chairman Mr. Barry G. Daniel, Vice Chairman Mr. G. ~. Applegate Mrs. Joan Girone Mr. Jesse J. Mayes Staff in Attendance: Mr. Steve Micas, County Attorney Mr. Dodd called the meeting to order at Monaoan High School at 7:00 p.m. (EDST). Mr. Dodd welcomed and expressed appreciation to those present attending this public hearing to discuss the County Charter. He stated this hearing was for the purpose of explaining the proposed Charter and the effect. 1, INVOCATION The Board took a moment of silencs to remember Governor John Dalton who passed away this date. Mr. Daniel gave the invocation. The Pledge of Allegiance to the Flag of the United States Amerioa was recited. 2. PUBLIC ]~4tRING TO ~.ECEIVE INPUT REC, ARDING ~RO~OSED CHESTEP. FIELD COUNTY C~ARTER Mr. Dodd ~tated this date and time had been scheduled for a public hearing to receive citizen input regarding the proposed Chesterfield County Charter. Mr. Micas presented a slide presentation and overview of the history of the establishment Of local government in Virginia. He explained in brief detail the seven forms of government by which the 95 counties in the Conunonwealth are governed and how the proposed Charter would affect Chesterfield County, if adopted. Mr. Dodd stated that there have been discussions on the County's form of government for many years. ~e stated last year the Boar~ felt a Charter would be beneficial to the County but because the issue was of such importance that the citizens should be involved prior to the Board taking any official action such as the County of Roanoke when they took the matter to the General Assembly. He stated as a result of trying to obtain participation and involvement~ a fifteen (15) member committee was selected to draft a proposed Charter. Be stated the Charter Committee met many times in their endeavor to devise a proposed Charter that would serve to Organize the governmental structure of Chesterfield County and, hopefully, benefit all its citizens. H~ commended the Committee members for their diligent efforts and dedication in accomplishing the task assigned. Mr. Dodd introduced Mr. John Reyall Robertson, Chairman of the Charter Committee. Mr. Robertson introduced the members of the Committee. Mr. Harry Womack, representing the FOP, Lodge 47, which is made up of businessmen and professionals in the County and are united to promote the welfare, morale, social and economic benefits to 86-581 the police officers and their families and to support their needs and undertakings. He stated their organization strongly supports the Police Department in its present i~rm of government. Ee stated he felt the Police Department is one of the best and they feel the operation should remain as is. Be referred to several newspaper arficles regarding the Police Department in the City oi Richmond whereby there is confusion a~ to who operates the Polic~ Department and they would not like to see that happen in Chesterfield County. Mr. John Cogbill stated he appreciated the effort and work by the Committee and Board in bringing this proposal to the citizens and he felt the product was worthy. Ee stated he ~elt the appointment of the School Board members would be a good and a welcomed change. Be stated the Committee on fhe Future of the County is also a healthy and important change for the County as it is a good idea to always receive input from others. He state~ he felt, however, that the number of five may be too small for the membership of the Committee on the Future of the County and suggested 10-15 would be more appropriate for the workload, reports and charges that would be required. He stated he was concerned with the amount of borrowing power vested in the Board of Supervisors without a referendum. He stated in the past the Board has acted responsibly, continues to act in the same manner and has demonstrated good leadership for the County and he is proud to be a part of this. Be stated, however, to take the responsibility away from the people with regard to borrowing may need to be looked at long and hard. Be stated, aS written, the Board would be allowed to borrow up to $15,000,000 without citizen approval and he felt referendums allow citizens to becom~ familiar with what is happening in the County and that is good. He stated the assessment value of real estate in the County is actually over $5 billion dollars and 5% of that wo~ld equate to $252,000,000 which could be borrowed over a period of time without coming back to the electorate. Be stated he did not feel that would happen but be felt that power should rest with the citizens. Sgt. Jim Bourqne, Vice President of the Chesterfield Fraternal Order of Police, Lodge 47, and member of their Charter Committee which was formed to study the effect of the portion dealing with the Police Department, wa~ present. Me briefly reviewed the history of the staff of the Police Department, how the appointment of the police chief had been shuffled, etc. Be stated he felt the citizens of Chesterfield today are served by one of the most efficient and modern police departments in the country. He stated the police chief is currently appointed by the Circuit Court and this assures continuity of the position and isolates him from the political arena. He stated the chief is only appointed upon recommendation of the Board of S~pervisers, the Board sets policies, pay scales, sets the budget, etc. and runs the department assuring accountability ho the citizens whenI at the same time allowing the chief to keep the community safe without fear of political reprisal. He stated he felt that placing the chief under the control of the county administrator would not be appropriate. He stated for the past 47 years this system has worked well and requested that citizens question the motives of those who seek this change. He stated that if there has to be a chanqe that there at least be insulation from the political arenas. He stated that after considerable discussion of the matter if change is necessary, they recommend that the chief of police be in direct command of this department, he must have within his discretion (subject to the laws of the CoK~onwealth and the County and the personnel policies of the County and generally accepted practice) the ability to hire, promote and fire when necessary all officers and employees in th( department, he must be the policymaker for his department and rules and regulations should be promulgated by him and his administrative staff. He stated when it becomes necessary to replace the chief of police they suggest that the Board of Supervisor~ make fhat selection from candidates chosen by a thre~ member panel (a Board member, one citizen chosen by the Chief Circuit Court Judge and one other appointed by the previous 86-552 two appointees outlined who will be neither an elected nor appointed local official). Be stated when appointed he shall serve at the pleasure of the Board but shall be dismissed by the~ Board only for eause. Me stated if a dismissal shall occur, the~ chief of police should be afforded a hearing at the Circuit Cour~ level to determine solely the cause for dismissal. Me stated this would ensure continuity and integrity of the position and a~ the sa~e time satisfy those who f~el that accountability is lacking under the current system. He stated the overall general[ control of the department will remain with the Board of Supervisors as to budget, pay scales, etc. He stated the FOP feele the citizens deserve the best service and protection available and are confident that it can continue under the preeent system but at the same time trust that if change must come that it not do so at the cost of efficient and effective la~ Mrs. Lois Cumashot inquired aho~t the wanner and procedure for securing people who will be willing to serve as School Board members, she would like a provision whereby the names of people who are willing to eerve be published and that a public hearing be held to receive input. She questioned the five-year rather khan the four which she felt was sufficient and there may be a problem in removing members if they are not representing the County well. Mr. Daniel informed those present that it was the Board's past format to only receive input and not ~espond to questions, etc. until after the last public hearing which will be held on August 11, 1986. Mrs. Janet Alley stated the committee conmid~red a five member School Board and appointed by the Board of Supervisors with only two terms. She stated the five year term was opted for since there were five districts and this would be done as each School Board member's term expired. She stated they staggered the terms so that there would be no great turnoveE at one time for uniformity and oontinulty purposes. She stated they were trying to attempt to keep the School Board Out of "politico" and by having fixed and staggered terms would be an effective way to do so. She stated that although the members would be appointed by the Board of Supervisors, all five would vote On each appointee and this would keep it out cf politics. She stated that 97% of tbs school boards in the country are elected, the other 3% are either chosen by a school board selection commission or by governmental appointments. She stated that Virginia is unique as we are the only state with a school board selection commission. She stated she agreed with the public hearing and publishing Ms. Lynn Cooper stated the proposals were well thought out and she hoped the Board gives them strong consideration and incorporates them into the proposed charter. She stated they seemed progressive and she understood the rationale. She stated that the intent of the change was always non-personal and always in line with the system. She stated they tried to set up a framework that would be constitutional all the way to the local level. She stated they were considering the well-being and non-politicalizing of the Police Department. Mr. Bill Mohr stated with reference to the Board borrowing up to $15,000,000, the ~% figure states that the total bond indebtedness shall not exceed 5% of the assessed value of real estate and currently the County borrowing ratio is 3%. Me state( with plans for road construction, that would serve as a constraint on the Board. Me stated the $15,000,000 figure acknowledging that they wore not financial experts, could be reduced or increased but it will first have to pass the scrutiny of the Board of Supervisors, then the citizens, then the General Assembly so there are opportunities to change the figure if desired. Be stated that the County government is big business and those running a household or small business, unforeseen needs crop up and having ready access to necessary cash is an advantag( 86-583 and efficient way o£ disposing of the problem. He stated he fel~ the provision was good but perhaps the figure needs modification. Mrs. Elsie Elmore stated for years she has looked at County budgets on behalf of the League of Women Voters. She stated there have been concerns regarding the borrowing but there is no municipal charter (until Roanoke) that does not allow the governing body the right to vote without a referendum. She stated that all realize that the people have a voice at the time of a tax increase which must come to pay the exorbitant indebtedness and that a good bond rating, on which the cost of money is based, depends on a good ratio of indebtedness to assessed value. She stated it is 3% at this time and they set the rate of 5%. She stated most citiez have a 10% ratio and the County has worked around 3% so as not to endanger its bond rating. She stated that the rate of growth in revenue at the County is currently 5%. She grated that all governing bodies have the right and exercise the right to borrow money without referendum such as lease/purchase or literary loans and there ars others. She stated the record of the present governing body is commendable. Sgt. Bourque stated that the FOP is addressing this as a policy matter and not as a personal vendetta. He stated as a professional, fraternal and civic group it was felt to be an iss~ that needed to he addressed. He stated they looked at the issue and nothing more and they appreciate the Board having the foresight to work on this committee and look for modern government in Chesterfield County. He stated the co~mittee's intent is that the three member committee be a steering committee and that they submit a binding recommendation for appointment. Mrs. Girone indicated that there may be another alternative whereby the Board would not have to appoint the recommended candidate, but this was something that could be discussed ' further. She stated other than that, the other suggestions seemed appropriate. Mr. Daniel stated that there is flexibility' in appointing department heads at this time and he felt that could continue and he felt the suggestions could be worked into the philosophical concept. He commended Sgt. Bourgue and the FOP for their positive comment~ regarding the proposed Charter. He stated he felt the Police Department is one of the best and it would be the Board's hope that it would continue to be the best without governmental meddling except though policy. Sgt. Bourqu~ stated they wanted the new system to be as good as the old. Mr. Coghill stated that one of the best indicators of a good solid business is its long range planning and the committee has indicated that long range planning is important. Be stated long range planning means good fiscal planning and the Board of Supervisors, through their planning and farsightedness, have bee] able to meet the needs and demand~ of the County. He stated thi~ suggested another figure be discussed but he did not feel an unrestrained figure is proper as is seen et the federal level. Mr. Daniel stated the proposed charter specifically addresses long range planning and for the County Administrator to present this to the governing body. Mr. Dodd stated that the bond rating since he has been on the Board has improved two points and is now AA+ with our growth, with borrowing money for roads, etc. He stated the Board does try to manage its money well. Mr. Dodd stated another p~blic hearing would be held on August 11, 1986 at 7:30 p.m. and a work session tentatively scheduled for 10:00 a.m. on August 13, 1986 which is Open to the pstblic. ~e offered copies of the proposed charter to those present, indicated there will probably be some amendments and expressed appreciation for those in attendance. 86-584 3. ADJOURNMENT On motion of Mr. Mayes, ~econded by Mrs. Giron~, the Board adjourned at 8:30 p.m. until 7:30 p.m. on August ll, 1986. Rich~rB L. Hedrick County Administrator Chairman 86-585