Board of Supervisors Regular First Meeting   9/2/2020

Other staff as they would be present throughout the meeting would introduce themselves at the appropriate time.

And at this point if everyone would please rise for the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you board and at this moment if everyone would please join in a moment of silence.

And with that, if there are any other changes to the agenda or items need to be pulled from consent.

Second.

All right, if we can call the vote.

Mallek?

Yes.

McKeel?

Yes.

LaPisto-Kirtley?

Aye.

Agenda is approved.

Supervisor Price, announcements today.

Thank you.

Supervisor Palmer, announcements?

So that's all I have to say.

Is there a question for Liz?

My understanding is Virginia Air Networks will probably continue on a smaller geographic area over in the valley, but I just don't know all the reasons why they decided to discontinue service, but I'll try to find out.

Thank you.

All right, Supervisor McKeel, announcements today?

Sorry, I passed, thank you.

You're muted Ann.

So I thank you all.

And I do not have any announcements today.

Number six, we do not have any proclamations or recognitions this afternoon.

I do understand we have one person signed up, so Vice Chair Price will lead us through public comment.

Thank you, Chair Galloway.

Thank you.

Mr. Chair, we have Kirk Bowers.

May I begin speaking or what would you like me to do?

Is Mr. Bowers available?

Hello?

Please hold one, please.

Please hold them for one second.

Love.

I don't know how this plays out, just asking.

Yeah I don't think a screen goes up or anything that says we're having technical difficulties.

It's nice if periodically they remind you that actually they're still there waiting, you haven't lost the signal.

Yeah, I was going to say maybe we should sing some sort of nondescript song while we're waiting.

So I really don't want to start singing and get parallel to another.

Frank Sinatra would be kind of nice.

Elevator music is actually kind of hard to do.

That was amazing though when we used to be able to travel and we weren't locked in.

Mr. Chair, testing 123.

It's really interesting.

Well, we all know 99 bottles of beer on the wall.

Do we have an update?

Can we come back to this item?

What are we talking about here?

We're probably gonna need four or five minutes.

All right so the next item was scheduled for 30 minutes.

I don't know if

Any objection to that plan?

Sounds good.

And then Travis at the clerk's office can just confirm that with the resident who wants to speak.

All right so we'll move to number nine board rules of procedure for virtual and hybrid meetings and Mr. Campner you're going to lead us in this one.

Can you see my screen?

Yes.

Supervisor Price, questions?

Thank you.

Supervisor LaPisto-Kirtley.

Thank you.

Supervisor Comer.

So this, Greg, this only applies, I know this is kind of, I just want to make absolutely sure I understand, only applies while the disaster is ongoing and that's the governor's declaration of the disaster.

disaster or shortly thereafter.

Section 8 goes with the six months after with the continuity of government.

Yes.

Okay, so that means that we could continue after the COVID-19 disaster is declared over by the governor, we could continue to do electronic participation for six months under this.

So it could be up to six months after the disaster.

After the continuity of government is completed, or do we go back entirely to our old ways?

Good, okay.

Thank you.

All right, Supervisor McKeel.

I had, Greg, thank you for this and I really appreciate this work and you did it very quickly.

I had sort of the same question that Liz, I was trying to separate out if this was really only for our virtual meetings under the governor's emergency declaration and it sounds like the answer to that is yes.

This is not going to cover us under a situation like that.

It could apply where the board is physically assembling, but the public is allowed to participate virtually.

Okay, then help me a little bit with, I guess it's B, no, yes, 4B, and it talks about on number three, I was a little, just for clarity, continuing a regular meeting when weather or other conditions create a hazard.

Just help me with that a little bit.

This rule would allow the board to just continue that meeting to another date without having to re-advertise.

So it goes automatically to the next regular meeting day?

Yes, without the need to— The next regular meeting day.

All right.

And we've had that situation with snow storms in the winter.

I thought they would be under the three minute.

They would be.

So should that be, should we have a time limit added there?

Yeah, each speaker gets up to three minutes.

So that, to me, though, is not really clear when you're talking about, I guess, the audio and visual presentations.

And I saw audio and visual presentations.

It may flow a little better once all the underlining and strikethroughs are removed.

As long as you're comfortable with that, that's fine.

All right.

Thank you.

Supervisor Malek.

So I will leave my question and others can pile on.

And if it turns out to be a problem, then we can all address it.

in the world literally would have access to do this and I believe that was the principal reason why we had looked to limit it to relevant subject matters.

I do see what Supervisor Price is saying under these circumstances, but it doesn't stop anyone from bringing their ideas to the board vis-a-vis email, which, by the way, we receive hundreds of emails.

So thank you.

You said you had an additional question.

A way of being able to do that in case someone does get sick or there's a snowstorm like snowmageddon or something.

So we'll track it and we also have an item, one of the board priorities, which touches on this issue as well about virtual meetings and allowing a little more flexibility in its use.

This is an action item.

I really look forward to it.

If that's all, I'll move that we adopt the rules and attachment A. I'll second that.

We can call the vote.

McKeel.

Yes.

Bea LaPisto-Kirtley.

Aye.

a couple of minor clerical and formatting fixes before we distribute the final version of it.

So at some point we'll have to test that to see if we're good.

And Mr. Campner, you're gonna keep your mic unmuted.

And can you see my screen?

Well, if you're concerned about that, we should let you know that we can see all of your file names.

I'm not sure.

David, welcome.

Are there any questions or maybe good if the board just discusses the slide before we move on so we can hear some feedback?

Supervisor Price, any comments?

I will have another comment later but in terms of this slide that would be where I stand and I thank you for the work you've done.

Supervisor LaPisto-Kirtley.

increase the civil penalties for zoning violations in order to get people's attention once again asking them to do it and then after that you know saying hey we really mean business and we have some zoning violations I know in my area it's been going on for years years so I'm definitely in favor of number two as I am of the others thank you.

Supervisor Palmer.

And then I have another question, but I'll just ask that first and then I'll go for my next question.

We can talk to the zoning administrator about that and perhaps firming up their policies and practices on how they

Are there communities that don't do that and why?

The project is fully funded.

I'm done.

Supervisor McKeel?

The virtual public meeting, state or local emergency, one of the things that I talked about, I just want to make sure that we're going to cover this, is that the governor declares an emergency and then in this case for a pandemic and then we all have to meet in a pandemic to move to our virtual.

So whatever we're going to do this is going to help us with that going forward in our legislative packet.

So you said yes.

There's now state legislation in the budget, in the state budget, that also gives that same authority to all public bodies in order them to continue their business.

And we had the same thing with the CACBB.

That's all.

So they would be included in whatever we did just under our umbrella.

In fact, the idea first came up from schools people two or three years ago.

Yeah.

and for their efficiencies, they were the original group who suggested.

Okay.

I'm just trying to sort out the really bad actors and what Bea is referring to, I think, too, and folks that are really trying their best to do what needs to be done.

If we have those kinds of people, then the civil penalty, it's just an endless cycle.

And I've been talking a year, in most cases for what I'm seeing in a couple of the frequent flyers, it doesn't take a year.

But you have that hammer there.

But obviously, just paying a fine is not working.

For some people, it's a cost of doing business or whatever they're doing.

Thank you very much.

You're muted, Supervisor Mallek.

I will stop.

But it seems like, Trevor, you had a pertinent point.

So I just wanted to share, expand on that, and be a source for Greg if there were other questions.

Thanks Trevor, I can't see comments right now, so thanks for filling in the gap.

If we can handle this internally as our own resolution, why do we need it?

So that's why, that's why this, we're looking at this as a piece of legislation.

You're muted, Supervisor Mallek.

Thank you.

So if there's direction from the board to go ahead and get that going through the VACO Ag Committee.

Any objection?

No, I would like to see that and just FYI, that's why I raised my hand so you don't have to ask me about that, Ned.

I think in the interest of time we should get we are past time if we could go through everything we'll track our questions and then we'll

Or we have to quickly move through each of these slides if that's your hope that we just hit on each topic.

And the rest of these remaining slides should go pretty quickly.

So board real fast on this one any comment questions here Supervisor Price?

Thank you.

Supervisor LaPisto-Kirtley, and you may have had a question from the prior slide.

Because I'm trying to, I mean zoning, I'm definitely in favor of that, but local ordinances, what type of thing were you having problems with that?

For me, it was definitely zoning the whole time.

Thank you.

And you're good here?

Supervisor Palmer?

Yeah, good transition.

Supervisor McKeel?

I'm fine right now, thank you.

Supervisor Mallek?

That's all.

All right, Greg.

and related to law enforcement situations, but these could be addressed when we do get to the 2021 General Assembly with the board adopting resolutions supporting increased funding.

Any objection?

Is that correct?

Yeah, we can discuss that later.

We can look at that and deal with the issue that way.

Bea?

So my question was, as long as they thought we had no one to stop this person from doing that, if you're saying, Mr. Campner, that we do have the authority to be able to stop someone from discharging a firearm within 100 yards of an occupied dwelling, then I'm fine with that.

So that's the change, the amendment that would have to be made.

So it would have to be amended to include the rural areas?

It could actually be crafted in a way that parallels the language that Hanover County has, something closer to that, that prohibits discharging within a certain distance of a residence.

Supervisor Price?

So two or more violations would be sufficient if necessary to revoke the special exception?

But I think that it's not necessary today.

I have no further comments or questions at this point and I really appreciate your work on this.

Supervisor Palmer, anything here?

Thank you.

Supervisor McKeel?

Thank you.

Thank you.

We need to try to wrap this up the next two minutes.

15.2-915 Is there any objection here?

And maybe we have to get the blessing of the assembly to make those words possible.

I'm good with your suggestions, Greg.

I am too.

And that's all I have.

Supervisor LaPisto-Kirtley.

I concur with what Supervisor Price said.

Supervisor Palmer.

I'm okay with these being added, no problem.

Supervisor McKeel?

and the whole area has changed so short answer is I at least want that first bullet and I'm happy to support the second as well.

Supervisor Malle?

But we should not give up just because one or other of the Houses decided to do this when nobody was looking.

I agree.

Thank you.

Thank you, Greg.

You're welcome.

We apologize for the issues that came up around public comment today.

And good afternoon, Kevin.

I'm happy to take questions about any of this process or if you have any other thoughts you'd like to share.

I really appreciate you taking the time to review that.

Supervisor LaPisto-Kirtley.

Good presentation.

Supervisor Palmer.

Thank you.

Supervisor McHale.

I do have one question.

Given what we're seeing as the changes that are likely to happen coming out of the pandemic, and I'm referencing not as many people going to an office building, just changes in the way our society is functioning, have there been any discussions around how those changes, maybe it's just too soon, but how those changes would impact our traffic analysis

Thank you very much I find these

Thank you very much.

These are things that we try and consider.

Thank you.

I wasn't around when that happened.

I understand, yeah.

And if we think it's going to have an impact, we can ask them to do a new TIA.

But if it's residential to residential but a different density, that may or may not happen?

Same thing.

Oh, okay.

I think it would have to be a big change to really generate something that I think would alter the results of that, but we will look at it every time.

Thank you very much.

So if not, we can do it.

It's like thinking through, you know, if you put something in there that you don't know is going to be there that's going to drive a lot of traffic in and out in addition to the employees, how do you get at that kind of theory to make these impact analyses worthwhile as we try to plan and make land use decisions?

So we work on that with the developer and VDOT and we use a lot of professional opinion.

So is there something that this software that can use to get at that or what is your reaction to that?

So we just do the best we can with the information that we have.

Yeah.

If there's a traffic impact analysis that's coming on board and there's a new route nearby that's not established, is there suggestions to hold off on doing the analysis until the new route is more established so that the counts are more proper?

I'm sorry, maybe explain what you're getting at there.

the new cut through from Whole Foods and all that went up and now they're looking at traffic coming and there was a traffic study that was done pretty soon after that opened up and there was some question of whether or not that new parallel road was really seeing and everybody knew this new parallel roadway existed so of course if you go in and do counts before it's seeing what maybe it's normal traffic the counts are going to be lower than if it's a more established route so that's the

Yeah, and then, you know, just on the

But maybe that's where it just rises to the level of a whole corridor study and that we have to take that on as accounting The only other comment I'll make is I think this is a I mean it's a your presentation was short concise and easy to follow I think it would be One that our CACs might appreciate having if you haven't already done it in places like that But it could be one that got incorporated in Because I think they'd appreciate seeing this as well.

So we can talk about if CACs would be interested in doing it, we can do that as well.

Talk to you soon.

Have a good day.

While he's coming on, Supervisor Palmer, you had a quick follow up for Greg relative to the legislative items.

Is there something else we should be doing to try to maintain local control in new situations that are being taken away?

seemingly innocuous pieces of legislation that take things out of local control that are traditionally within localities hands.

that Graham Page is here, so I won't ask my follow-up question, which is not that important right now.

Good afternoon.

Thank you for this opportunity.

Thank you, Mr. Chair.

Are they also eligible for in-person instruction?

Okay, so the virtual instructions that we have.

Supervisor LaPisto-Kirtley?

Can you tell me approximately the percentage of your teachers who have taken the culturally responsive teaching courses?

So it's pretty close to maybe about 25% roughly.

Okay good and can that be taken online or does it have to be in person?

And then other forms would be done either online or through workshops that would be provided.

Okay, so that's actually part of their credential, teaching credential?

So that would be like the highest form of CRT training to have the credential in that field.

And that takes approximately a year?

Supervisor Palmer?

What is that?

That's fine.

Appreciate the try.

Right.

Supervisor McKeel.

It was really very informative and I know you guys are doing the very best you can do.

Supervisor Mallek.

So well done and we hope for the best and hopefully all your plans will come to fruition.

Okay, thanks very much Ann.

So thank you very much for being with us this afternoon, Chairman Page, and good luck as the school year opens next week.

Thanks.

All right, Board, the next item.

And do we have a closed meeting motion ready?

to discuss and consider the annual performance of the clerk and county attorney and under subsection 7 to consult with legal counsel on briefings by staff members pertaining to actual litigation regarding the interpretation of a proffer that had been accepted in conjunction with a rezoning.

Second.

Yes.

All right, good evening.

I do.

Second.

Yes.

LaPisto-Kirtley?

Aye.

All right and motions coming out of closed meeting.

Nancy Wise, to the Pantops Community Advisory Committee, Ron Brownfield, to the Places 29 Rio Community Advisory Committee, Judith Schlessl and Lee Condor, and to Region 10 Community Services Board, Barry Blumenthal.

Mallek?

Yes.

Palmer?

Yes.

Aye.

and members of the board.

Thank you, Chair Galloway.

All right, are we ready for our first speaker?

Mr. Rhodes, you may begin.

Thank you.

Next speaker.

That was the last speaker for this portion.

We have four public hearings this evening.

This is the first fiscal year 2021 budget amendment and appropriations.

Andy, I believe you're leading us through this one.

Attachment A has all the details on appropriations that are requested for approval this evening and after the public hearing staff recommends the board adopt the resolution attachment B and that concludes my comments unless there are any questions for staff.

Supervisor Price any questions for staff?

Supervisor LaPisto-Kirtley.

Alright, no questions, thank you very much.

Supervisor Palmer?

No questions, thank you.

Supervisor Mound?

I'm all set, thank you.

Is there anyone signed up this evening?

We do not have anyone signed up this evening for this item.

The matter is back before the board for additional comments or a motion.

If nobody has any comments, I'll move that we adopt the attached resolution attachment B to approve the appropriations for local government projects and programs as described in attachment A. Second.

Go ahead with the vote.

McKeel?

Yes.

Price?

Aye.

LaPisto-Kirtley?

Aye.

Thank you.

And Andy, good evening.

Thank you.

Supervisor Price, questions for staff?

the greenish area over to the right that's part of the open space that they're talking about?

Labeled and have the approximate square footage, but that area on the northeast doesn't have a similar label.

Thank you and thank you Chair Galloway.

All right, Supervisor LaPisto-Kirtley, questions for staff?

The second question is, why would they go from 109 units down to 80?

provide lesser impacts on such things as the transportation system and the schools, but I think the applicant would probably be better able to answer that.

I guess my point is, is that connectivity a requirement or we would like it?

Yes, there is some commercial areas proposed for North Point.

Okay, proposed but it may not happen.

So I guess it would depend on how the development of that project moves along.