Board of Supervisors Regular Second Meeting   8/17/2022

I would ask now if we would allow Supervisor LaPisto-Kirtley into the meeting.

So moved.

All right, so Supervisor LaPisto-Kirtley, will you state your location?

Yes, I'm currently in Keswick, Virginia.

So without objection, if the clerk will call the roll.

Yes.

Thank you again for what you do every day to protect us and we appreciate your presence here today.

If you will now join us in a moment of silence.

Board, we're at item number four, the adoption of the final agenda.

And with that, the floor is open to a motion to adopt the agenda as amended.

So moved.

If the clerk will call the roll.

Mr. Andrews?

Yes.

Thank you, board.

We'll start with Supervisor Mallek.

Thank you very much.

Supervisor McKeel.

Thank you Don, I appreciate it.

Supervisor LaPisto-Kirtley?

Thank you.

Supervisor Andrews.

So you can go to Rivanna.org slash e-waste for signing up for disposing of electronic waste.

And with that, I thank you, Supervisor, Supervisor Mallek.

Put everybody, put that on their calendars as well.

And I believe it was at last year, Supervisor Mallek, that the Meacham's River was basically bone dry in certain areas?

So it's nice to hear it singing, but it doesn't happen very often.

Thank you.

Oh, Supervisor LaPisto-Kirtley, sorry I missed your hand up there.

And they're using it in playgrounds, I know in Los Angeles Unified School District, they're using it out there to paint the playgrounds and in parking lots that it really cools down the area using this type of paint.

Supervisor LaPisto-Kirtley, you have offered to read the proclamation as a motion.

Now, therefore, be it proclaimed that we, the Albemarle County Board of Supervisors, celebrate the Kiwanis Club of Charlottesville's 100th year of serving the children of the world, signed the 17th day of August 2022.

We have a motion by Supervisor LaPisto-Kirtley.

Second.

Without objection, if the clerk will call the roll.

Mr. Andrews?

Yes.

If you would like to come up and make any remarks.

We're very proud to be in Albemarle County serving the children of the world for 100 years and we hope 100 years more.

Supervisor Mallek?

Thank you.

Supervisor Galloway.

So to join with the spirit of your new banner, hashtag thank you.

Supervisor LaPisto-Kirtley.

Wonderful.

Supervisor Andrews?

Thank you.

Supervisor McKeel?

And having been to Innisfree several times, it's great to know that Innisfree has an action club.

and Western is the one I advise so that's why I like that and Charlottesville High School had a key club since 1948.

I was just going to say, I'm assuming that the Kiwanis Club in Stanton is still very active and I'm looking at Steve.

They will be celebrating their 100th anniversary in September, I believe, with a golf tournament to support the youth golf programs.

Well, I have some great pictures of the Quonians from the 50s and 60s.

Well, I'm collecting memorabilia from our club and the Giants in the community are all in there and there are some even today, Giants in the community.

Those are the moments that make you feel good.

We do have in-person sign up and I will turn it now over to Vice Chair LaPisto-Kirtley to read the procedural rules.

Okay, so we have nobody online signed up?

That's correct, only in person.

And I think that's it.

Good afternoon.

Thank you.

Good afternoon.

Davis.

Board, that concludes item number seven.

Is there any comment or motion to adopt the consent agenda?

Second.

Without objection, if the clerk will call the roll.

Yes.

Supervisor LaPisto-Kirtley, a vote on adopting the, thank you.

Mr. Andrews?

Hello Mr. Johnson, good afternoon.

may be coming to the podium any given moment to take over, J.T.

I think that was a hint, Mr. Newberry.

He's coming.

So if you can see my screen now, JT, I appreciate you being the backup that you always are.

And you've got it now in slideshow mode.

So I'll pause here and field any questions that you may have.

Supervisor Mallek?

What sort of history have we had?

And you may know what those are, but have not been made public to date.

Did I understand you correctly to say that everybody will have contracts moving forward?

There was a standardized template created by the county attorney's office for which we will utilize for those that don't already have individualized or customized performance agreements.

And thank you.

Supervisor Galloway.

I think this is a sign that Project Enable is working and I'm glad to support it.

Supervisor McKeel?

Thank you very much.

Supervisor LaPisto-Kirtley.

Thank you.

Supervisor Andrews?

I just would like a sense of what you expect a range of grants might be, and there was some concern about whether if this is not coming prior to being committed to the Board, is there any control over how much is it in one grant?

These are really for agriculture companies and they are generally can be as low as three to five thousand dollars.

I appreciate this.

So I'll just look around to see if there are any other comments from any other supervisors not seeing any and if not the floor is open to a motion.

I just stopped there.

Okay.

I'll second that.

Seeing none, if the clerk will call the roll.

Mr. Andrews?

Thank you.

Deputy County Attorney, Mr. Henry, I understand you will be teeing this up.

We were going to talk to you about that later today.

Our Deputy County Executive

We have the team here that could answer any questions or we can move on to the legal framework if there are no questions on this part of the presentation.

Supervisor Malek?

No, fingers crossed.

Supervisor McKeel?

I guess the elephant in the room is always school starting and the UVA students are coming back.

The model would reflect that.

And if we needed to, we can go back to that process is what I'm getting at.

We can absolutely spin that back up if need be.

Well, thank you very much.

Supervisor LaPisto-Kirtley?

No questions.

Supervisor Andrews?

No questions at this time.

Thank you, Chair.

Thank you.

Good afternoon, Mr. Herrick.

Kilroy will pick up from here, but I'm happy to address any questions that you all may have regarding what I just presented.

Supervisor Mallek?

All right.

Supervisor Galloway?

No questions at this time.

Supervisor McKeel?

When you say all virtual, I think the all represents people.

Correct.

Not meetings.

So the all virtual would be if the body, excuse me, if the body itself chose to, for all the members of the body to participate remotely.

So the all represents all the people.

Yes, exactly.

And I think that there's a nuance there for some people that could be confusing.

An all virtual meeting with everybody participating remotely, again, is limited to either two meetings per year or 25% of the meetings, whichever is greater.

I just wanted to make sure.

Yes, ma'am.

Thank you.

And that will not be allowed under the new FOIA.

Thank you.

Supervisor LaPisto-Kirtley.

Questions?

Thank you.

Yes, that's true.

Supervisor Andrews?

In other words, if they tried and notified people that they were doing a public meeting but failed to get a quorum.

schedule an in-person and then transition on the fly to an all-virtual.

But would you be able to follow with a scheduled virtual?

in individual remote participation, but the quorum has to be physically assembled at that subsequent meeting.

I'm not sure what that means.

But your question is a good one, and for better or for worse, state law doesn't provide much guidance as to how specific one needs to be.

distant location rather than here in Charlottesville?

The board has a meeting outside of the county and one of the board members can't attend.

I appreciate that.

Thank you.

Good afternoon.

I'm going to pause here and ask for your feedback on that.

Supervisor Mallek?

Do we have any legal prescription against that?

You go first and then I'll go.

But to answer your question, that's legally allowed.

But if there's a home with a sick baby and they want to listen in, it seems like that's the solution.

And again, knowing that we're trying to come to solutions that are sort of easy to implement, templated, and that have a sort of a consistent experience across the board.

Supervisor Galloway?

So we would allow them, if they wanted to, let's say a CAC meets 12 times a year, they could meet virtually three of those times.

Yes.

Zoom meetings would suffice, just as they've been meeting over the last couple of years.

But I think we'll be able to manage through that.

That is right.

I'm seeing the non-in-payment heads, yes.

Great.

Am I doing that right?

The individual remote participation is structured where some are allowed and some are not allowed.

They're equally allowed or disallowed, depending on whether the public body has a policy.

Thank you.

Supervisor McKeel?

We would really need to be coordinating very carefully, though, with I'm assuming your department somehow or another, because we'd need support for those virtual meetings like we've had in the past.

And we certainly would continue to do that work.

And when I say that, I'm talking about having someone send out the Zoom link and then being able to accommodate.

That would be part of the noticing requirements as well.

There's no way that the CAC member can participate virtually because if you were meeting in a school, there's no support for it.

Yes.

Lane, you look like you were puzzled.

I support this entirely.

I'm just, you look like you.

That's fine.

I appreciate it.

Supervisor LaPisto-Kirtley?

Everybody would know that the next meeting is a Zoom meeting, correct?

And so I'm sure there'll be more discussions to be had.

If they do want to have a virtual meeting, which three meetings or two meetings that they want to have that are virtual and put that on the calendar, correct?

It'd be good to go into the year with a plan, understanding that we could pivot as things might happen.

They could just listen in and have it on mute and they could just listen in suggestion.

So certainly with those advisory type bodies, the timeliness of being in the meeting is not usually as critical to the matter before them.

I thought you all did a great job and also, Mr. Pepper.

Bea Stoke-Kirtley.

Supervisor Andrews?

The slide says what we will support, and I'm interpreting this to mean that, for example, do not support AV resources will imply that we will prohibit, under the current rules, virtual meeting participation in a Tier 3 bot.

Just when we look at what it would cost to put those resources in place for everyone, that's not something that organizationally, operationally, that we'd be able to support.

Okay, I guess I still come back to if a body were meeting and said, well, we have a phone here and so-and-so can't be here, are they prohibited from participating under these rules?

But the county may not be able to provide the technical support for it and that's what's being alluded to here.

But again, the CAC's advisory, you're saying that they would not have the ability to allow the member to participate.

It's not as clear.

What are the rules regarding those?

But if there are not more than, say, two planning commissioners in attendance or more than two supervisors in attendance, and if the only county representation there is from appointed staff rather than members of a public body, then they're not subject to FOIA.

What meetings are recorded?

I mean, the board would have the ability to shut all electronics down and go completely old school if it so chose.

Obviously, people have to take minutes.

But as you indicated, they are required to keep minutes.

That's what that was, but that shifted when FOIA shifted again.

That's a good clarification though.

Will those go back to what they were or are there any changes to those?

And we've not made any adjustments to that since the pandemic.

Thank you.

right as we went into the pandemic and a lot of changes that were made I think in the 2019 time frame.

I just want to make sure I've clarified that for people in the community who might be looking to see when we are open for those kind of meetings.

Thank you.

Anything further on this, Supervisor Galloway?

I do have a couple of clarifications.

Supervisor Mallek?

but we have done a lot about virtual listening in and streaming of meetings and recordings of those so please tell me if I'm being alarmed for the wrong reason.

So recording is not required.

Thank you.

Supervisor Galloway.

What's the game plan to educate all of these advisory boards and committees as you're starting to educate us?

And we'll continue as FOIA continues to be looked at and how to sort of adapt to new normal, we'll continue to make operational changes as needed.

It's not that I'm trying to avoid that, but the function of the CAC was never to just serve developers' community meeting requirements.

So it might be timely to just look at what the best procedure would be.

So I mean it's just something to think about and developers should be thinking about when they make their plans.

I'm just kind of throwing that out there.

That's something that we could require.

Because it's so easy to click.

And then you post it to YouTube.

I would suggest that those, although I know it's a little awkward when some are recorded and some aren't, but it is an opportunity to get some of them recorded anyway.

Absolutely.

Thank you.

So that's just the law we have to deal with.

So this has been an ongoing debate at one of Jim's committees right now.

Thank you for that clarification.

Thank you very much.

Supervisor Andrews?

But I think it becomes very complicated to put the rules in place to know that they're done properly by the developer if we're not in charge of the meeting.

Thank you all very much.

Supervisor Andrews, do you have a motion to go into closed meeting?

Thank you.

The clerk will call the roll.

Mr. Galloway?

Yes.

We're in close.

Okay, Steve didn't give me any.

Started again.

Do you have a motion to certify the closed meeting?

I move that the Board of Supervisors certify by recorded vote that in a closed meeting the subject of probable litigation concerning alleged violations of the Virginia Freedom of Information Act and State and Local Government Conflict of Interest Act was not heard, discussed, or considered, and otherwise, to the best of each supervisor's knowledge, only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed, or considered in the closed meeting.

The clerk will call the roll.

Yes.

Thank you.

Supervisor LaPisto-Kirtley, do you have one to make?

We have Walter Perkins as a member and Raymond Gaines as the alternate.

Is there a second?

Second.

The clerk will call the roll.

Yes.

Supervisor Andrews, do you have that one?

Seeing no discussion, if the clerk will call the roll.

Yes.

Thank you board.

Mr. Richardson, good evening.

And again, I'll try to answer any initial questions that you have this evening about this data.

Supervisor Mallek.

Thank you.

Supervisor Galloway.

So remind me, the 85 is the total or just the incumbent?

But it's really with an asterisk that positions that were authorized July 1st, it would not be expected that we would have filled many, if any, of those positions at this point.

So after public safety, so police fire, the Department of Social Services has got the highest vacancy, but that's before the new positions we had.

That's correct.

It's just me reacting to what I'm saying, but I really appreciate having the information.

Thank you.

Supervisor LaPisto-Kirtley.

Thank you

Supervisor Andrews?

It's kind of scary information, but I could think of a way to make it scarier, I guess, is to look at, in each case, what percentage of positions in that area are unfilled so that we would see how far CDT is down, how far social services is down in percentage, or police and fire.

I doubt we ever have every position filled, but historic average, if we run at maybe say a 10 percent vacancy rate or some figure like that, do you know?

that it's the most difficult they've ever seen and that's all they do and we've got to hurry because building an applicant pool doesn't mean it's going to stay intact through the process, if that makes sense.

This is very helpful data, so thank you.

just a point to make, especially at this level of vacancy.

Supervisor Mallek, you were going to say something?

Ladder, employment agency too, and not always be looking to businesses to do that, but there may be a role for us to do that as well.

Supervisor Andrews, did you have a comment?

So 50% as opposed to

Shifflett?

Thank you, board.

Shifflett, good evening.

Are there any questions about any of those items before I move on?

Supervisor Mallek?

That's correct.

Thank you.

All right, Supervisor Galloway.

Am I thinking the same thing, or is this something different?

This is more information about how we're currently using the space as staff, who's in the office, who's teleworking, and how we may be able to use the space differently.

Is that a separate entity or is this the same thing?

That is separate.

I can't remember the name of this study.

I was going to ask the same question because we were looking at all of the properties.

So that's why I'm asking if that's the same as this or if this sounds like it's something different.

Space utilization needs for the future for departments with projected growth with a hybrid work schedule and putting that fully into play coming out of the pandemic and then forecasting the buildings that were in the useful life based on that data and that analysis.

So when I see the timeline, I mean, that's why it seems to me this is probably a subset or something different or a different tract.

Thanks, Doug.

I just want to make sure I understand what

Yes.

Supervisor McKeel?

But at some point, there is an intersection between all of that work.

And I apologize.

When we saw it, though, we were.

Sure.

Thank you very much.

Supervisor LaPisto-Kirtley.

And I just wanted to know how that was rolling out.

Thank you very much.

All right, Supervisor Andrews.

No questions.

Supervisor Galloway?