[Board of Supervisors on December 17, 2025.]
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LET'S PRAY GOD THIS MEETING AND ALLOW US TO DO OUR WORK FOR YOU.
PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY AND JUSTICE FOR ALL.
BEFORE WE ADOPT THE AGENDA, I'D LIKE TO MAKE ONE LITTLE, UM, TWIST ON THAT IF YOU WOULD.
I'D LIKE TO MOVE THE NEW BUSINESS, NUMBER 13.
I'D LIKE TO MOVE THAT TO THE END OF PAYABLES IF THE, UH, MOTION WOULD, UH, REFLECT THAT.
MR. CHAIRMAN, I'LL MOVE THE AGENDA WITH THAT CHANGE.
SECOND, UH, WE HAVE A MOTION PROPERLY SECOND TO, UH, MOVE THE AGENDA, UH, WITH THAT, UH, WITH THAT, UH, WITH THAT CHANGE.
OPPOSED? MOTION, CARRIE? SO, UH, NOTHING ON THE PUBLIC COMMENT PERIOD, SO WE WILL DISPENSE WITH THAT.
ONE CONSIDERATION OF THE MINUTES MOVE.
SECOND, WE HAVE A MOTION PROPERLY.
SECOND TO, UH, APPROVE THE MINUTES.
OPPOSED? MOTION CARRIES NOTHING ON THE CONSENT AGENDA, UH, UNDER OLD BUSINESS SIX ONE, CONSIDER EXTENSION OF CHEM MACK MANOR LOAN.
TINA'S BRINGING UP MY, UH, I HAVE JUST A COUPLE SHORT SLIDES ON THIS ONE, BUT LOOK, LOOKING AT ME.
THIS IS OLD BUSINESS BECAUSE THE BOARD PREVIOUSLY TOOK SOME ACTION BACK IN NOVEMBER REGARDING THIS, THIS LOAN.
AND THIS FIRST SLIDE IS JUST THE BACKGROUND.
I'M NOT GONNA READ THAT, BUT FOR THE BENEFIT OF THE PEOPLE WHO HAVEN'T, UM, UH, WHO MAY BE ONLINE OR ARE JUST BEING EXPOSED TO THIS ONE ISSUE.
UH, THE BACKGROUND IS MACK MANOR IS AN EXISTING THREE STORY MULTIFAMILY APARTMENT BUILDING THAT'S LOCATED IN PARKLEY, VIRGINIA.
UM, IN 2005, WHEN THAT FACILITY WAS BUILT, THE COUNTY WAS AWARDED $700,000 IN A COMMUNITY IMPROVEMENT GRANT FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO PAY FOR THE SITE WORK ASSOCIATED WITH THAT PROJECT.
UM, AS PART OF THE PROJECT, THE COUNTY TOOK $630,000 OF THAT $700,000 GRANT, AND IT LOANED IT TO MACK MANOR, LLC TO PAY FOR VARIOUS IMPROVEMENTS ASSOCIATED WITH THAT, WITH THAT PROJECT.
UM, THE, UH, LOAN WAS A 20 YEAR LOAN, AND ALL THE, THE INTEREST AND PRINCIPAL PAYMENTS ALL BECAME DUE NOVEMBER 3RD.
UM, THERE HAD BEEN SOME DISCUSSIONS WITH THE DEVELOPER AND, UM, AT YOUR NOVEMBER MEETING, THE BOARD VOTED TO EXTEND THAT DUE DATE UNTIL JANUARY.
AND THE REASON YOU DID THAT WAS WE NEEDED MORE TIME TO HAVE DISCUSSIONS WITH THE DEVELOPER ABOUT OPTIONS.
AND TWO, WE ALSO NEEDED TO HAVE INFORMATION BACK FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ABOUT HOW THEY WOULD TREAT REPAYMENT OF THAT LOAN TO MACK.
UM, AND THE REASON THIS IS ON YOUR AGENDA TONIGHT IS BECAUSE WE HAVE RECEIVED INFORMATION BACK FROM THEM.
SO AGAIN, UM, I SAY NOVEMBER, IT WAS ACTUALLY OCTOBER WHEN THE BOARD APPROVED AN EXTENSION TO THE REPAYMENT OF, OF THE GRANT.
THE RECENT ACTIVITY IS ON DECEMBER 4TH, WE RECEIVED A LETTER FROM DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND A, IN YOUR AGENDA WITH THE KEY COMPONENTS OF IT.
AND ALSO INCLUDED WAS A FULL LETTER, BUT HERE, HERE ARE A COUPLE OF THE, THE MAIN POINTS FROM THAT LETTER.
ONE IS, UH, DACD DETERMINED THAT ANY LOAN REPAYMENT DUE MACK, UM, FROM MACK MANOR, IF IT'S RECEIVED, IT CONSTITUTES PROGRAM INCOME.
AND WHAT THAT MEANS IS, IF WE RECEIVE IT, IF IT'S PROGRAM INCOME ACCORDING TO DHCD, WE HAVE TO RETURN IT TO RICHMOND.
AND, AND THAT CERTAINLY CHANGES, UM, HOW I'M LOOKING AT THIS TRANSACTION AND ITS INFLUENCE WHAT MY RECOMMENDATION WILL BE TO YOU TONIGHT.
UM, FURTHER ALONG IN, IN THE LETTER FROM DHCD, THEY SAID, UM, AND, AND I HAD COMMUNICATED SOME BACKGROUND INFORMATION TO THEM, UM, PRIOR TO THEM ISSUING THIS DETERMINATION LETTER, BUT THEY SAID IT'S, IT'S OUR UNDERSTANDING THAT THE BOARD OF SUPERVISORS MAY CONSIDER ALLOWING THE DEVELOPER TO FOREGO REPAYMENT OF THE LOAN AND NECESSITATED BY THE PREVIOUS DHC GRANT IF THE DEVELOPER AGREES TO KEEP THE RENT IN MIMA MANNER BELOW FAIR MARKET VALUE FOR A SPECIFIC PERIOD.
UM, DH C'S, UH, CDS SEEMED TO INDICATE THROUGH THE LETTER THAT THEY WERE WILLING, UM, TO, UH, NOT REQUIRE ANY KIND OF PROGRAM INCOME, UH, RECOGNITION IF THE BOARD WAS TO EXTEND THE LOAN AS LONG AS THE LOAN, UM, HAD THE BENEFIT OF REDUCING THE RENTS.
UM, SO WITH THAT IN MIND, UM, DHCD WENT FURTHER
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AND SAID THAT, UM, IF THE BOARD WANTS TO DO THAT, THEY WOULD LIKE TO LOOK AT THE LOAN DOCUMENTS PRIOR TO YOUR ACTION.SO WHAT I'M ASKING TONIGHT IS FOR, UM, THE BOARD TO AUTHORIZE COUNTY STAFF TO DRAFT, UM, A 10 TO 15 YEAR EXTENSION.
WE, THIS WOULD BE SUBJECT IN NEGOTIATION WITH THE DEVELOPER, UH, TO THE NOTE IN EXCHANGE FOR AFFORDABLE RENT GUARANTEES FOR THE RESIDENTS OF ACK ACK MANOR, UM, FOR REVIEW BY DHCD AND FORWARD CONSIDERATION BY THE BOARD AT YOUR JANUARY MEETING.
SO WE'D SEND IT TO DHCD FIRST, GET ANY COMMENTS BACK, AND THEN BRING IT BACK TO YOU FOR FINAL APPROVAL.
BUT THE IDEA WOULD BE NOW WE'RE TALKING ABOUT, UM, EXTENDING, UM, THE LOAN, UH, WITH, UH, A LOAN, UH, GUAR WITH, WITH A AFFORDABLE RENT GUARANTEE ATTACHED TO IT.
ANY QUESTIONS, COMMENTS, IF NOT MR. PRESIDENT WASHINGTON.
MR. CHAIRMAN, I'D LIKE TO MAKE A MOTION THAT WE EXTEND THAT LOAN, UH, FOR THAT PERIOD THAT THEY'RE ASKING AS LONG WITH THE, WITH THE, UH, UM, IN STIPULATED IN THAT, THAT WE CONTINUE TO KEEP THOSE RATES FOR THOSE RESIDENTS.
AND BROUGHT BACK TO US SECOND.
UH, YOU HEARD THAT MOTION? UH, ALL IN FAVOR? AYE.
WE HAVE ONE I THINK THAT IS, UH, AVAILABLE TONIGHT.
EASTERN SHORE COMMUNITY SERVICE BOARD.
IT LOOKS LIKE WE HAVE A NOMINEE.
ACTUALLY LOOKS LIKE A REAPPOINTMENT THERE.
WE HAVE A MOTION, UM, PROPERLY SECOND TO REAPPOINT RICHARD FREEMAN TO THE, UH, EASTERN SHORE COMMUNITY SERVICE BOARD.
UH, THE, ON THE, UH, AGRICULTURE AND FORESTER DISTRICT ADVISORY COMMISSION, I SEE THE TWO THAT ARE, UM, MOVING OFF OF THAT ARE BOTH, UH, ACTIVE OR LANDOWNERS PRACTICING LANDOWNERS.
NOW, IS THAT AT LARGE STUDENT KNOW MIKE, HOW THAT GOES? I, UM, THAT IT IS, WELL, I'LL TELL YOU.
MR. MONTGOMERY IS, OR THAT'S FORESTAL NUMBER MIND? YEP.
AND MR. ONLY IS LIVES IN MODEST TOWN.
SO I WONDER IF THAT'S, IS THAT, IS THAT MAYBE MR. PAM, IS THAT TO, IS THAT TO THE DISTRICTS OR ARE THEY AT LARGE, OR DO YOU KNOW WHAT? LET, LET CHECK ON THAT FOR ME.
IF THEY'RE AT LARGE OR IF THEY ACTUALLY ARE RELATED TO A DISTRICT, BECAUSE I KNOW KENNY'S I KNOW WHERE KENNY IS.
WE'LL, WE'LL CONTINUE THOSE UNTIL NEXT MONTH, ALONG WITH THE OTHERS TOO THAT ARE ALSO ON THE APPOINTMENT.
UH, PUBLIC HEARING, WE DEFINITELY CANNOT START THAT YET.
SO LET'S MOVE ON TO, UM, AND I AM MOVING ON NINE NEW BUSINESS.
I'M GONNA MOVE THAT TO, UH, AFTER PAYABLES, IF THAT'S, SO THAT'S THE TWO WITH TRAINING, THE TWO TRAINING SESSIONS WE HAVE TO GO THROUGH TONIGHT.
SO, UH, NEXT ON THE AGENDA WOULD BE, UM, COUNTY ADMINISTRATIVE'S REPORT.
UH, I'M GONNA GO OFF SCRIPT JUST A BIT ON THIS ONE.
UM, AND SOMETHING I SHOULD RECOGNIZE RIGHT WHEN I STOOD UP IS, I DON'T KNOW IF YOU'VE NOTICED, BUT YOU HAVE NEW WIRELESS MICS IN FRONT OF YOU.
UM, THE KEY THERE IS IF YOU WANT TO BE HEARD AND FOR YOUR WORDS TO BE CLEAR AND, AND ON AS STREAMED ON THE WEB AND RECORDED, UH, YOU'RE GONNA HAVE TO HIT THAT LITTLE BUTTON, THE RED BUTTON, IT'LL TURN TO GREEN, AND THEN YOU'LL, YOUR MIC'S LIVE AT THAT POINT.
SO JUST, UH, KNOW THAT GOING FORWARD.
UM, MY, MY REPORT TONIGHT IS FAIRLY BRIEF.
UM, JUST A, A COUPLE OF, UH, BASICALLY INFORMATIONAL ITEMS. UM, FIRST OF ALL, YOUR NEXT MEETING AFTER THIS MEETING IS GOING TO BE YOUR ORGANIZATIONAL MEETING, AND THAT WILL BE JANUARY 7TH, UH, OF 2026.
UM, AND IT'S CUSTOMARY FOR THE BOARD TO, UH, ELECT HIS CHAIR AND VICE CHAIR AND TO ALSO, UH, REVIEW AND APPROVE A SET OF RULES OF PROCEDURE, UM, WHICH WOULD INCLUDE THINGS LIKE SETTING YOUR MEETING TIMES AND DATES AND, AND LOCATION.
UM, MOVING ON, UH, JUST AGAIN, INFORMATIONAL ITEM.
THE VIRGINIA DEPARTMENT OF AVIATION, UH, ACTUALLY RELEASED, UH, IMPACT ECONOMIC IMPACT RESULTS FOR THE MEFA AIRPORT.
UM, WE'VE INCLUDED THE REPORT IN ITS ENTIRETY IN YOUR PACKET, BUT SOME OF THE KEY TAKEAWAYS AND, AND NUMBERS ARE AS FOLLOWS.
UH, THE ECONOMIC IMPACT STUDY INDICATED THAT THE MEFA AIRPORT, UH, CREATED 59 JOBS, WAGES OF ABOUT 2.5 MILLION, UM, OUTPUT OF ABOUT 9.3.
AND YOU CAN SEE THE REST OF THE INFORMATION IN THE STUDY.
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A GOOD REPORT TO KNOW THE VALUE OF OUR, OUR AIRPORT AND WHAT IT GIVES BACK, UM, BOTH DIRECTLY AND INDIRECTLY TO THE EASTERN SHORES, UH, ECONOMY.UH, ITEM 10.3 IS, UH, PROPOSED.
CEDAR ISLAND RESILIENCE PROJECT HAS BEEN APPROVED FOR 5 MILLION IN FUNDING FROM THE NATIONAL FISH AND WILDLIFE FOUNDATION.
YOU WILL RECALL THAT YOU ENDORSED, UM, THIS PROJECT A NUMBER OF MONTHS AGO.
YOU ALSO, UH, AUTHORIZED THE COUNTY TO BE A CONDUIT, UM, FOR PERMITTING ASSOCIATED WITH THE THIS PROJECT.
DEMS IS ESSENTIALLY LEADING IT.
THERE'S NO COUNTY FINANCIAL COMMITMENT TO IT.
UM, BUT WE HAD AGREED, UM, TO BE A CONDUIT SHOULD THEY NEED US FOR PERMITTING, AND THEY DO.
UM, BUT AT THAT TIME, THE BIGGEST OBSTACLE FOR MOVING FORWARD WITH THIS PROJECT WAS THE FUNDING.
AND SO, UH, THEMS HAS BEEN STEADILY, UH, APPLYING FOR FUNDS TRYING TO GET, UM, ENOUGH TO SOLVE THE BUDGET GAP ON THIS, WHICH IS ABOUT 10 POINT $10 MILLION.
UH, THIS GRANT AWARD IS FOR FIVE, SO THIS BASICALLY MEANS THEY'RE HALFWAY THERE.
UH, AND SO IT'S A, IT'S A GREAT STEP FORWARD, BUT THERE, THERE'S MORE FUNDING NEEDED TO BE ABLE TO COMMENCE THAT PROJECT, BUT AT LEAST AT THIS POINT, 50% OF THE BUDGET GAP HAS, HAS BEEN SOLVED.
UH, ESSENTIALLY THAT, UH, CONCLUDES MY REMARKS.
ANY, ANY QUESTIONS OR COMMENTS FOR BUTTON
ANY OTHER QUESTIONS, COMMENTS? ALRIGHT, THANK YOU.
UM, SO, UH, BOARD OF SUPERVISORS COMMENTS, UH, SUPERVISOR GEORGE, ANY, WE WE'RE AT SUPERVISORS COMMENTS ALREADY.
QUICKLY, QUICKLY WE GOT THERE.
UM, I WANT TO GIVE A SHOUT OUT TO THE FIRE DEPARTMENT IN ATLANTIC AND IN GREEN BLACKVILLE FOR THE GREAT JOB THEY DID IN FIGHTING THE FIRE AND BASICALLY SAVING THE ROAD I LIVE ON.
UH, THEY DID A WONDERFUL JOB AND I JUST WANTED TO GIVE 'EM AN ATTABOY AND, UH, THANK THEM VERY MUCH FOR THE PROFESSIONAL SERVICE.
UH, JUST, UM, HAD THE PRIVILEGE TO ATTEND MR. PAMPER WAS THERE TOO.
THE, THE RIBBON CUTTING FOR, UH, SOME NEW MODEL AFFORDABLE HOMES IN PARKLEY.
VERY APPRECIATIVE THAT THAT'S IN PARKLEY.
IT WAS A GREAT OPPORTUNITY IF YOU GET A CHANCE TO COME BY AND SEE THEM.
AND, UH, SUPERVISOR WASHINGTON CAME AS WELL.
UH, IT WAS, UM, HOPEFULLY GONNA BE A REALLY GOOD THING FOR THE AREA AND THANKS FOR THAT OPPORTUNITY AND IT'S THE HOLIDAY SEASON.
BEST WISHES TO ALL AND BE SAFE.
JUST WANNA SAY, UM, WISH EVERYONE A NICE, UH, SAFE HOLIDAY THIS, UH, SEASON.
ALRIGHT, THANK YOU SUPERVISOR WASHINGTON.
YES, I JUST WANTED TELL YOU GUYS, IT'S BEEN REALLY A JOY TO SHARE ALONGSIDE OF YOU GUYS THIS YEAR.
UH, LOOKING FORWARD TO THE NEXT YEAR.
AND MERRY CHRISTIANS, HAPPY NEW YEAR TO EVERYONE.
SUPER TAR, NOT TOO MUCH ONLY, UH, WELCOME EVERYBODY TO THIS NICE BUILDING.
AGAIN, UM, I DON'T KNOW IF YOU REALIZE OR NOT, BUT FROM 12 TO 4:00 AM THERE'S A SCHEDULED ROCKET LAUNCH TONIGHT AND PROBABLY YOU ALL BEEN INVITED AND IF THERE'D BE PLENTY OF ROOM ON THE BUS IF YOU WANT TO GO, I'LL BE THERE.
UNLESS I'M MISTAKEN, I BELIEVE THIS IS, IS THIS KATHY'S LAST? YES, IT IS.
AND KATHY CARNY, UH, IN CHARGE OF HUMAN RESOURCES.
YOU'VE DONE AN EXCELLENT JOB AND, AND THANK YOU FOR YOUR SERVICES AND HAVE A GREAT RETIREMENT.
YEAH, I THINK
THANK, UM, FIRST THANK ALL THE BOARD MEMBERS FOR ALL THE COURTESIES AND THE THANK THE, UH, CALLS AND THE PHONE CALLS AND THE EMAILS AND EVERYTHING FROM THE COUNTY STAFF AND ALSO FROM YOU GUYS, UM, WHEN I WAS HAVING MY SITUATION.
AND I, UH, APPRECIATE VERY MUCH.
I DO WANNA SAY MERRY CHRISTMAS, HAPPY NEW YEAR TO EVERYBODY AND I HOPE WE HAVE A VERY, VERY GOOD ONE.
ALRIGHT, THANK YOU VICE CHAIR.
OKAY, WHAT'S GOING
UH, ALSO WANNA THANK CHAIRMAN, UH, PREMATURELY RIGHT NOW FOR WHAT HE'S DONE, UH, THIS YEAR.
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AND MOVINGAND I JUST WANNA SAY MERRY CHRISTMAS TO ALL OF YOU.
HAPPY QUANTA TO ALL OF YOU, GOD SPEAK.
SO, UH, OF COURSE EVERYONE KNOWS THIS IS MY LAST FULL MEETING AS YOUR CHAIRMAN.
UM, AND I WANT, I I TELL YOU, IT'S BEEN A PRIVILEGE AND AN HONOR TO SERVE AS THE CHAIRMAN THIS PAST YEAR.
UM, I REALLY APPRECIATE ALL THE SUPPORT, UM, AND PATIENCE AT TIMES FROM ALL THE BOARD MEMBERS.
UM, AND I, YOU KNOW, AS ALWAYS, I WANT TO THANK, UH, MIKE AND JAN AND THE ENTIRE STAFF, AND WE SAY THAT A LOT.
UM, BUT, YOU KNOW, THE, THE PUBLIC OUT HERE DOES NOT SEE A LOT OF TIMES WHAT THEY, WHEN WE SAY THOSE THINGS, YOU KNOW, THE INFORMATION WE GET, UM, WHEN WE HAVE TO MAKE A DECISION ON A TOPIC, THE INFORMATION THAT WE GET FROM OUR STAFF IS IT JUST MAKES OUR DECISION, IT HELPS OUR DECISIONS OUT TREMENDOUSLY.
AND THE PUBLIC DOESN'T SEE THAT.
I JUST WANNA RECOGNIZE THEM AS ALWAYS.
SO, AND OF COURSE, UH, LAST BUT NOT LEAST ON THIS LIST IS MISS KATHY, CONGRATULATIONS ON YOUR UPCOMING RETIREMENT AND, UH, BEST WISHES ON THE NEXT CHAPTER IN THAT, UH, IN YOUR GREAT BOOK OF LIFE.
SO, AND AGAIN, AS ALWAYS, MERRY CHRISTMAS AND A PROSPEROUS, UH, HAPPY NEW YEAR TO ALL.
UH, NEXT ON THE AGENDA WILL BE, UH, 12 ONE, CONSIDER APPROVING RESOLUTION TO AMEND THE, UH, FY 26 BUDGET.
SECOND, WE HAVE A MOTION PROPERLY SECOND TO, UH, AMEND THE 26 BUDGET.
MR. MASON, CAN WE PAY OUR BILLS? AYE.
SO NOW WE'RE GONNA MOVE BACK TO, UH, NUMBER NINE, OUR LOVELY FOIA AND COIA TRAINING.
UM, WHICH ONE, WHICH ONE'S THE SHORTEST OF THE TWO? OKAY, SO LET'S, BECAUSE WE, YEAH, WE DEFINITELY, AS FAR AS THE TRAINING, WE CAN, WE CAN DEFINITELY FAR AS THE TRAINING, NOT THE HEIGHT OF THE PROGRAM,
SO WE CAN, UH, WE CAN DEFINITELY GET THAT ONE DONE.
THEN WE'LL PROBABLY HAVE, GET A LITTLE BIT OF BREAK, BUT START THE, OKAY.
EVERYBODY READY? GOT MY MIC ON.
THIS TRAINING, THIS FREEDOM OF INFORMATION ACT TRAINING IS REQUIRED BY LAW THE GENERAL ASSEMBLY ENACTED IN A STATUTE IN 2020.
THAT REQUIRES YOU GO THROUGH THIS EVERY TWO YEARS.
UH, IF YOU COME ON BOARD BETWEEN THOSE TWO YEARS, THEN YOU HAVE, UH, JUST A SHORT TIME TO ACCOMPLISH THE TRAINING.
I BELIEVE IT'S, IT'S WITHIN TWO MONTHS OF ASSUMING LOCAL GOVERNMENT OFFICE, THE, UH, VIRGINIA FREE, SORRY, I GOTTA GET USED TO THIS.
THE VIRGINIA FREEDOM OF INFORMATION ACT HAS TWO PRIMARY PURPOSES.
THE FIRST IS TO ENSURE READY ACCESS TO PUBLIC RECORDS, AND THE SECOND IS TO ASSURE ACCESS TO PUBLIC MEETINGS.
THE STATUTE IS A VERY SERIOUS STATUTE.
IT IS TO BE CONSTRUED VERY STRICTLY IN FAVOR OF THE CITIZEN IN FAVOR OF OBTAINING PUBLIC DOCUMENTS, IN FAVOR OF ALLOWING ATTENDANCE AT PUBLIC MEETINGS.
PUBLIC DOCUMENTS MAY BE REQUESTED BY ANY CITIZEN OF VIRGINIA, A NEWSPAPER OR MAGAZINE WITH CIRCULATION IN VIRGINIA.
REPRESENTATIVES OF RADIO AND TELEVISION STATIONS BROADCASTING IN OR INTO VIRGINIA AND PUBLIC MEETINGS MANDATES ACCESS TO THE MEETING OF THE PUBLIC BODY WITHOUT REGARD TO CITIZENSHIP OR RESIDENCY.
STARTING WITH PUBLIC RECORDS, WHICH DOES NOT CONCERN THE BOARD AS MUCH AS IT DOES STAFF, BUT IT'S GOOD TO HAVE, HAVE A OVERVIEW OF, OF WHAT THE REQUIREMENTS ARE.
IN CASE YOU DO GET A REQUEST, YOU'LL KNOW WHAT TO DO.
A REQUEST MUST BE MADE WITH REASONABLE SPECIFICITY AND IT CAN BE MADE ORALLY OR IN WRITING.
IF YOU HAVE A, A CONSTITUENT WHO COMES UP TO YOU AND ASKS FOR A DOCUMENT, THEN YOU HAVE, THAT IS A FOIA REQUEST, WHETHER THEY USE THE TERM FOIA
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OR NOT, THAT CONSTITUTES A FOIA REQUEST AND YOU MOST LIKELY WANNA PASS IT ON TO THE, THE COUNTY'S FOIA OFFICER.PUBLIC RECORDS INCLUDE ALL WRITINGS AND RECORDINGS THAT CONSIST OF LETTERS, WORDS, OR NUMBERS, AND ANY FORMAT.
AND THAT'S IMPORTANT, ANY FORMAT BECAUSE PEOPLE THINK THEIR NOTES AND THEIR VOICEMAILS AND EVEN THEIR TEXTS DON'T COUNT.
IT APPLIES ONLY TO RECORDS IN THE LOCALITIES CUSTODY.
YOU DON'T HAVE TO GO TO, UH, SAY WE HAVE A CONSULTANT WHO OWN, WHO HAS RECORDS EXCLUSIVELY.
WE DON'T HAVE TO GO GET THOSE RECORDS FROM OUR CONSULTANT IN ORDER TO PRODUCE THEM IF THEY'RE NOT IN OUR POSSESSION AND THEY DO NOT REQUIRE THE CREATION OF A DOCUMENT.
YOU SOMETIMES GET PEOPLE ASKING QUESTIONS, THAT'S NOT A FOIA REQUEST IF THEY'RE ASKING A QUESTION AND NOT ASKING FOR A DOCUMENT.
YOU ALSO GET PEOPLE WHO WANT YOU TO CREATE A LIST.
GIVE ME A LIST OF EVERYTHING YOU APPROVED IN 2025.
WE DON'T HAVE TO MAKE A LIST IF THAT LIST DOES NOT EXIST.
FOIA ITSELF DOES NOT REQUIRE THAT YOU HOLD ONTO, RETAIN PUBLIC RECORDS AS DEFINED UP EARLIER IN THE SCREEN.
BUT THE PUBLIC RECORDS ACT DOES, EXCUSE ME, THE VIRGINIA PUBLIC RECORDS ACT DOES REQUIRE YOU TO RETAIN THOSE, THOSE DOCUMENTS, INCLUDING NOTES YOU MIGHT WRITE WHILE YOU'RE, YOU'RE AT THE MEETING OR ANYTHING YOU WRITE THAT HAS TO DO WITH THE PUBLIC BUSINESS OF THE BOARD, THEN THOSE CONSTITUTE PUBLIC RECORDS.
AND TECHNICALLY YOU CANNOT DESTROY THOSE UNDER THIS ACT.
FOIA DOES DOES PROVIDE FOR A CIVIL PENALTY OF UP TO A HUNDRED DOLLARS PER RECORD THAT MAY BE ASSESSED AGAINST AN INDIVIDUAL, MEANING YOU IF YOU ALTER OR DESTROY A PUBLIC RECORD WITH THE INTENT TO AVOID PRODUCTION.
UNDER FOIA AND I, THERE HAS BEEN CASE LAW ON THIS, ON THIS PARTICULAR CIVIL PENALTY PROVISION.
I BELIEVE IT, IT WAS IN CHESAPEAKE AND, AND IT HAD TO DO WITH SOME DOCUMENTS THAT WERE DESTROYED AFTER A, A CLOSED SESSION.
IN THE END, THE CO THE COUNCIL MEMBER WAS NOT FOUND GUILTY OF THE VIOLATION BECAUSE SHE DID NOT HAVE THE REQUISITE INTENT PUBLIC RECORDS.
UM, EACH, EACH PUBLIC BODY MUST HAVE A FOIA OFFICER.
WE ARE OUR, OUR FOIA OFFICER IS ABOUT TO RETIRE.
IT IS MY
EACH PUBLIC BODY MUST, AND SHE'S WHO YOU WOULD CONTACT THEN IF YOU GET SOMETHING THAT YOU THINK IS A FOIA REQUEST, EVEN IF YOU THINK AND YOU'RE NOT SURE, THEN CONTACT TINA AND LET HER KNOW THAT YOU HAVE RECEIVED THAT REQUEST.
THE REST, THE THE FOLLOWING ARE, ARE A, A SERIES OF, OF LEGISLATIVE ACTS THE GENERAL ASSEMBLY HAS TAKEN TO MAKE THINGS, UH, MORE CUMBERSOME FOR LOCALITIES.
IN THE INTEREST OF GIVING PLENTY OF INFORMATION TO CITIZENS, UM, WE HAVE TO POST ON OUR HOMEPAGE AN EXPLANATION OF A VOTER OF A CITIZEN'S RIGHTS UNDER FOIA.
WE HAVE TO ALSO ADVISE ANYONE WHO ASKS FOR, UH, DOCUMENTS THAT THEY HAVE A RIGHT TO AN ESTIMATE, AND THAT THAT OUR COSTS WILL NOT EXCEED ACTUAL COST.
WE HAVE TO, WE HAVE TO ALSO POST THAT ON OUR WEBSITE.
AND WE ALSO HAVE TO POST A WRITTEN POLICY EXPLAINING HOW THOSE FOIA CHARGES ARE ASSESSED AND NOTING THE CURRENT CHARGES THAT MAY BE ASSESSED FOR ANY GIVEN REQUEST.
I BELIEVE IT IS, IT IS THE COUNTY'S POLICY NOT TO CHARGE UNLESS IT'S, IT'S AN EXTREMELY VOLUMINOUS REQUEST.
AND IN WHICH CASE WE, WE HAVE TO USE ACTUAL COSTS.
YOU CAN'T EXCEED WHAT IT COSTS THE COUNTY TO FIND THOSE RECORDS AND PRODUCE THOSE RECORDS.
AND IN SEARCHING FOR THOSE RECORDS, WE HAVE TO USE THE LOWEST PAID EMPLOYEE WHO IS CAPABLE OF CONDUCTING THE SEARCH.
PUBLIC RECORDS HAVE TO BE PRODUCED WITHIN FIVE DAYS OF THE REQUEST.
SO THERE IS A PROVISION THAT IF IT'S NOT PRACTICALLY POSSIBLE, WE CAN, WE CAN NOT ASK FOR BUT DEMAND AN ADDITIONAL SEVEN DAYS.
WE MERELY HAVE TO ADVISE THE REQUESTER IN WRITING OF THE REASONS THAT THE ADDITIONAL TIME IS NECESSARY BEYOND SEVEN DAYS.
YOU EITHER HAVE TO WORK IT OUT WITH THE REQUESTER OR GO TO COURT AND ASK THE COURT FOR
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ADDITIONAL TIME.TURNING TO WHAT IS A PUBLIC BODY, UM, CONCERNING MEETINGS OF A PUBLIC BODY, THEY HAVE TO BE OPEN TO THE PUBLIC.
UH, YOU MAY ALLOW ACCESS, MAY NOT REQUIRE TO ALLOW ACCESS THROUGH ELECTRONIC COMMUNICATIONS.
HOWEVER, YOU ALSO HAVE TO ALLOW PHYSICAL ACCESS, UH, TO ALL OF YOUR MEETINGS.
A PUBLIC BODY, WHICH OF COURSE YOU ARE, MEANS ANY GOVERNING BODY AUTHORITY, BOARD, BUREAU, COMMISSION DISTRICT OR AGENCY.
IT ALSO INCLUDES YOUR COMMITTEES AND SUBCOMMITTEES AND TASK FORCE IF THEY ARE FORMED TO PERFORM DELEGATED FUNCTIONS OR TO ADVISE THE PUBLIC BODY.
THAT'S A LOT, A LOT OF COMMISSIONS AND AUTHORITIES IN MACK THAT ARE SUBJECT TO THIS DEFINITION.
WHAT CONSTITUTES A PUBLIC MEETING? A A PUBLIC OR OPENING MEETING INCLUDES ANY ASSEMBLAGE OF THE PUBLIC BODY, WHETHER CONDUCTED IN PERSON, ELECTRONICALLY ON THE PHONE, IN, IN ANY FORMAT.
IF THERE ARE THREE OR MORE MEMBERS OF THE PUBLIC BODY PARTICIPATING, IF IT'S A SUBCOMMITTEE WITH LESS THAN A QUORUM WHERE A QUORUM IS LESS THAN THREE MEMBERS, THEN IT WOULD CONSTITUTE, EXCUSE ME, I GOT THAT A LITTLE BIT REVERSED.
A QUORUM IF THERE IS LESS THAN THREE MEMBERS, IS WHAT IS REQUIRED AS FAR AS NOT CONVENING IN ORDER TO AVOID HAVING A PUBLIC MEETING.
I THINK WE TALKED ABOUT THIS IN TEXT.
UM, SEQUENTIAL IS NOT GOOD ENOUGH, BUT CONTEMPORANEOUS IS CONSTITUTES A MEETING.
THE, THE SUPREME COURT HAS NOT GONE ON TO DEFINE EXACTLY WHAT THE DIFFERENCE BETWEEN SEQUENTIAL AND CONTEMPORANEOUS IS, WHICH LEADS US TO, YOU KNOW, JUST USE OUR BEST JUDGMENT.
IT DOESN'T MATTER WHERE THE MEETING IS CONDUCTED OR WHETHER A VOTE IS CAST AT THE MEETING.
IF YOU'RE DISCUSSING PUBLIC BUSINESS, IT IS A MEETING.
WHEN IS A MEETING? NOT A PUBLIC MEETING, EMPLOYEES GATHERING OF EMPLOYEES OR CONSTITUTIONAL OFFICERS.
THAT'S NOT A MEETING, A GATHERING OF MORE THAN TWO PUBLIC OFFICIALS WHERE THERE IS NO INTENT TO DISCUSS OR TRANSACT PUBLIC BUSINESS.
AND IN FACT, NO PUBLIC BUSINESS IS DISCUSSED OR TR TRANSACTED.
IF YOU GET TOGETHER TO TALK ABOUT, YOU KNOW, THE CHRISTMAS PARADE THAT'S BEING FORMED, YOU KNOW, PRIVATELY, THEN THAT IS NOT A MEETING BECAUSE YOU ARE NOT TRANSACTING PUBLIC BUSINESS IN THAT CASE.
PUBLIC BUSINESS YOU RECENTLY WAS DEFINED UNDER VIRGINIA LAW.
IT MEANS ANY ACTIVITY A PUBLIC BODY HAS UNDERTAKEN OR PROPOSES TO UNDERTAKE ON BEHALF OF THE PEOPLE IT REPRESENTS.
THAT IS STILL A VERY BROAD DEFINITION.
UH, BUT IT'S MUCH BETTER THAN THE CASE THAT THE DECISION OF THE SUPREME COURT THAT LED TO THIS LEGISLATIVE FIX, THE APPOINTMENT OF MORE THAN TWO MEMBERS OF A PUBLIC BODY TO ANOTHER PUBLIC BODY DOES NOT CONSTITUTE A MEETING OF THE, OF THE FIRST PUBLIC BODY.
AND THAT IS A, A CHANGE THAT ACK COUNTY HAD MADE IN THE CODE.
AND, UH, IT HAS BENEFITED SEVERAL OF OUR COMMITTEES WHERE MORE THAN TWO OF YOU ARE SERVING WHEN, AGAIN, WHEN A MEETING IS NOT A PUBLIC MEETING.
AND THIS ONE IS VERY LAR LONG AND IT, IT'S INTENDED TO ADDRESS PUBLIC FORUMS, INFORMATIONAL GATHERINGS, CIVIC LEAGUE CANDIDATE APPEARANCES, THOSE SORTS OF THINGS WHERE MORE THAN TWO OF YOU SHOW UP AT THAT MEETING.
SO IF THE PURPOSE OF THAT MEETING IS NOT TO TRANSACT PUBLIC BUSINESS OF THE PUBLIC BODY OR TO HOLD DISCUSSIONS RELATING TO THE TRANSACTIONS OF THE PUBLIC BODY, AND NO DISCUSSION OR TRANSACTION OCCURS AMONG THEM, AMONG THE MEMBERS OF THE PUBLIC BODY.
SO SAY THERE'S THREE OF YOU AND THE CIVIC LEAGUE MEMBERS ARE ALL TALKING ABOUT YOUR PUBLIC BUSINESS, BUT YOU DON'T TALK ABOUT IT, THEN THAT'S OKAY.
THEY MAY EVEN TALK ABOUT YOUR PERFORMANCE OR, OR SOMETHING LIKE THAT.
AS LONG AS YOU KEEP QUIET AND DON'T PARTICIPATE IN IT, THEN THAT'S OKAY.
YOU ARE NOT PARTICIPATING IN A PUBLIC MEETING AND THAT, I KNOW THAT'S HARD TO ABIDE BY, BUT THE RULE OF THUMB IS IF YOU GO TO THESE THINGS, KEEP QUIET, JUST KEEP QUIET.
THEY ASK YOU A QUESTION, SAY, I I CAN'T ADDRESS THAT RIGHT NOW.
HOW TO CONDUCT A PUBLIC MEETING.
ALL OF YOU KNOW HOW TO DO THAT.
UM, BUT BEHIND THE SCENES NOTICE MUST BE POSTED THREE WORKING DAYS BEFORE THE MEETING ON THE LOCALITIES
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WEBSITE AND IN A PUBLIC PROMINENT LOCATION WHERE NOTICES ARE REGULARLY POSTED AND AT THE OFFICE OF THE CLERK OF THE PUBLIC BODY.IN CASES OF EMERGENCY, YOU GIVE THE, THE MOST REASONABLE NOTICE THAT YOU CAN UNDER THE CIRCUMSTANCES AND THE AGENDA AND DOCUMENTS RELATED TO ANY MEETING, REGULAR OR EMERGENCY HAVE TO BE PROVIDED TO THE PUBLIC.
AT THE SAME TIME THEY ARE PROVIDED TO YOU.
PERSONS ATTENDING A PUBLIC AN OPEN MEETING, THEY MAY PHOTOGRAPH, RECORD OR FILM THE MEETING MINUTES MUST BE TAKEN.
THIS IS AN ABSOLUTE INCLUDING ATTENDANCE SUMMARY OF THE DISCUSSION, A RECORD OF ACTIONS TAKEN, VOTES TAKEN, AND THOSE MINUTES MUST BE POSTED ON A GO ON THE GOVERNMENT'S OFFICIAL PUBLIC WEB WEBSITE WITHIN SEVEN DAYS OF FINAL APPROVAL OF THE MINUTES CON CONDUCT.
WELL, WELL, PUBLIC BODY MAY ALLOW FOR PARTICIPATION BY ELECTRONIC MEANS.
AS WE DISCUSSED EARLIER, THE PUBLIC BODY MUST PROVIDE UNOBSTRUCTED PHYSICAL ACCESS INTO THE MEETING.
IF A MEETING ROOM CANNOT PHYSICALLY ACCOMMODATE ALL OF THE ATTENDEES, SAY FOR INSTANCE, YOU HAD 500 PEOPLE COME TO THIS MEETING TONIGHT, WE MUST TAKE STEPS WHEREBY THE OVERFLOW HAS THE ABILITY TO WATCH THE MEETING OFTEN BY, YOU KNOW, REMOTE TELEVISION BROADCASTS OUT IN THE HALL WITH SEATS AND SO FORTH.
A PUBLIC BODY CANNOT PURPOSELY SELECT DESIGN OR ARRANGE A MEETING ROOM IN A MANNER THAT ARTIFICIALLY LIMITS OR RESTRICTS ACCESS TO THE MEETING.
AND THAT WAS SOMETHING THAT WAS TRIED BY THE SUFFOLK SCHOOL BOARD.
AND THEY, THEY LOST THE CASE IN WHICH THAT WAS CHALLENGED BECAUSE SUPREME COURT SAID, NO, YOU CAN'T, YOU CAN'T DO THAT.
YOU CAN'T DELIBERATELY LIMIT THE SIZE OF THE ROOM SO THAT ONLY SO MANY PEOPLE CAN GET IN THERE.
REMOTE PARTICIPATION, WE KNOW ABOUT THAT.
UM, THE BASIC RULE, AQUA A QUORUM OF THE PUBLIC BODY MUST BE PHYSICALLY ASSEMBLED IN THE SAME LOCATION UNLESS ONE OF THE STATUTORY PROVISIONS FOR REMOTE PARTICIPATION ARE MET.
THE FIRST ONE IS ALL VIRTUAL MEETINGS.
WE WE'RE NOT GONNA READ THAT BECAUSE IT DOESN'T APPLY TO BOARDS OF SUPERVISORS OR, OR COUNCIL CITY OR TOWN COUNCILS.
I BELIEVE EVERY YEAR VACO OR VML PUTS IN A, A SUGGESTION THAT THEY BROADEN IT TO INCLUDE GOVERNING BODIES, BUT SO FAR THE GENERAL ASSEMBLY HAS NOT GIVEN THAT ANY KIND OF CONSIDERATION.
SO WHEN WE HAVE A QUORUM OF ASSEMBLED IN ONE PLACE, THE REST OF YOU CAN PARTICIPATE REMOTELY.
PROVIDED YOU HAVE A MEDICAL, PERSONAL OR CARETAKING REASON TO DO SO.
YOU HAVE TO, YOU HAVE TO STATE WHAT IT IS.
YOU HAVE TO STATE WHERE YOU ARE.
JUST SAYING WHERE YOU ARE DOES NOT MAKE YOUR LOCATION ACCESSIBLE BY THE PUBLIC.
SO IF YOU'RE AT HOME TAKING CARE OF, UH, UH, SOMEONE WHO AN ILL RELATIVE, YOU DO NOT HAVE TO EXPECT THE PUBLIC TO COME TO YOUR HOUSE.
AND IF THEY DO, DON'T LET THEM IN.
UM, IF THAT IS ALL TRUE, THEN THEY COUNT TOWARD A QUORUM, WHETHER THEY ARE THERE OR NOT.
SO THAT'S NEW IN THE LAW AND GIVES YOU A LITTLE BIT OF LEEWAY WHERE SOMEONE JUST ABSOLUTELY CAN'T BE THERE BECAUSE THEY'RE CARE, A CARETAKER.
OF COURSE, A MEETING MAY BE CONDUCTED REMOTELY WITHOUT A QUORUM IN ONE PLACE.
IF THE GOVERNOR DECLARES AN EMERGENCY, WHICH WE SAW HAPPEN IN COVID, OF COURSE, CLOSE SESSIONS, YOU ARE FAMILIAR WITH THOSE.
UM, THEY ARE HELD FOR ONE OF THE VERY SPECIFIC STATUTORY REASONS.
THERE ARE VERY, VERY MANY OF THEM, BUT THOSE THAT ARE COMMONLY USED IN LOCAL GOVERNMENT ARE PERSONNEL MATTERS, ACQUISITION OR DISPOSAL OF REAL PROPERTY, LEGAL ADVICE, PROBABLE LITIGATION,
[00:35:02]
PROBABLE OR ACTUAL LITIGATION DISCUSSION OF AWARD OF A PUBLIC CONTRACT AND, AND EXPENDITURE OF PUBLIC FUNDS AND DIS DISCUSSION OF PUBLIC BUSINESS, WHICH IS NEW TO THE AREA FOR WHICH NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE.THE, OR THEY COULD BE EXPANSION BUT EXPANDING.
BUT THAT EXPANSION HAS NOT BEEN ANNOUNCED.
ONCE IT'S ANNOUNCED, YOU LOSE THAT, THAT GROUNDS FOR GOING INTO CLOSED SESSION.
THE WORDING OF THE MOTION IS VERY IMPORTANT.
IT MUST IDENTIFY THE STATUTORY EXEMPTION AND THE SUBJECT MATTER WITH REASONABLE SPECIFICITY.
UM, THAT'S WHY SOMETIMES WHEN WE'RE TALKING ABOUT PERSONNEL, WE HAVE TO ACTUALLY NAME A DEPARTMENT AND, AND SOMETIMES THE POSITION ITSELF, BECAUSE THAT'S THE KIND OF SPECIFICITY THAT THE GENERAL ASSEMBLY EXPECTS WORDING, WE COVERED THAT.
UM, AS YOU KNOW, DISCUSSION HAS TO BE LIMITED TO THE CITED EXEMPTION AND SUBJECT MATTER.
NO VOTES MAY BE TAKEN IF WE WANDER OFF A LITTLE BIT.
SOMEONE'S GONNA GUIDE YOU BACK IN I I DO BELIEVE CERTIFICATION AFTER THE CLOSED SESSION IS REQUIRED BY ROLL CALL VOTE.
AND YOU ARE STATING THE CERTIFICATION THAT THAT SUPERVISOR JOHNSON READS INTO THE RECORD.
AND IT IS FOLLOWING STATE LAW.
A MEMBER MAY REFUSE TO CERTIFY THE CLOSED SESSION IF THEY BELIEVE THAT DISCUSSION STRAYED FROM THE MOTION BY WHICH IT WAS CONVENED.
IMPROPER CERTIFICATION MAY BE SUBJECT TO A CIVIL PENALTY OF UP TO $1,000 BEING ASSESSED BY A COURT AGAINST THE PUBLIC BODY AS A WHOLE.
ENFORCEMENT OF PERSON DENIED THE PRIVILEGES OF FOIA.
WE MADE A MISTAKE, WE DIDN'T RESPOND IN SEVEN DAYS, FOR EXAMPLE, THE EXTRA SEVEN DAYS, THEN THEY CAN GO TO COURT AND THE COURTS IS MANDATED TO HEAR IT WITHIN SEVEN DAYS OF IT BEING FILED.
AND IF THE COURT FINDS A VIOLATION OF FOIA, NOT ONLY DO WE HAVE TO COMPLY AT THAT POINT, BUT THEY MAY ENJOIN FUTURE VIOLATIONS AND THE PERSON WHO BROUGHT THE SUIT WILL BE ENTITLED TO RECOVER REASONABLE COSTS AND ATTORNEY'S FEES, WHICH MAY NOT SOUND LIKE A LOT OF MONEY BUT CAN BE IF THAT VIOLATION IS ASSOCIATED WITH A CASE FOR DAMAGES AGAINST THE LOCALITY.
SO, UM, BUT DAMAGES WOULD NOT ARISE FROM THE VIOLATION OF FOIA ITSELF, BUT IT WOULD BE A RELATED MATTER IN MOST CASES.
IF THE COURT FINDS A WILLFUL AND KNOWING VIOLATION ON THE PART OF AN INDIVIDUAL, THE COURT SHALL IMPOSE A PEN, A CIVIL PENALTY OF NOT LESS THAN $500, BUT NO MORE THAN 2000 FOR YOUR FIRST OFFENSE.
AND IF IT HAPPENS A SECOND OR SUBSEQUENT TIME, IT'S NOT LESS THAN 2000 OR MORE THAN 5,000 THAT IS ASSESSED AGAINST THE INDIVIDUAL WHO WILLFULLY AND KNOW KNOWINGLY VIOLATED FOIA.
AND THAT'S ALL I HAVE, BUT I'M, I'M HAPPY TO TAKE QUESTIONS OR, OR IF YOU NEED CLARIFICATION.
MADAM COUNTY ATTORNEY HAVE MORE COMMENT.
AND THIS IS UNDER CLOSED SESSION AND AS FAR AS KEEPING THE DISCUSSION ON POINT, YOU'RE LIKE A DRILL SERGEANT.
WELL THAT'S A COMPLIMENT TO THANK YOU.
ALRIGHT, IS THAT IT? ANY OTHER QUESTIONS OR COMMENTS? IF NONE.
UM, SO WE'LL MOVE RIGHT INTO, UH, YOU SAID WE CAN GO AHEAD AND START KOYA.
WE'LL GO AHEAD AND START THAT UNTIL, SO WE GOT ABOUT 20 MINUTES BEFORE PUBLIC HEARING, SO WE'LL GO AHEAD AND GET THAT STARTED.
SO WELCOME TO THE CONFLICTS OF INTEREST ACT TRAINING FOR LOCAL ELECTED OFFICIALS.
IF YOU ARE NOT A LOCAL ELECTED OFFICIAL, YOU HAVE ACCESSED THE INCORRECT MODULE.
I NEED TO EXIT THIS TRAINING TO SELECT THE PROPER ONE.
THERE ARE SEPARATE MODULES FOR STATE OFFICERS AND EMPLOYEES, STATE BOARDS AND GENERAL ASSEMBLY MEMBERS.
HEY, CAN YOU TURN THAT THERE ARE MULTITUDES OF DUTIES THAT WE ARE STATUTORILY REQUIRED TO FULFILL, BUT THE MAIN THREE THAT IMPACT THE AVERAGE STATE OFFICER OR EMPLOYEE ARE ISSUING FORMAL AND INFORMAL GUIDANCE, ISSUING TRAVEL WAIVERS AND CONDUCTING TRAINING.
I'LL EXPLAIN FORMAL AND INFORMAL GUIDANCE ON THE NEXT FEW SLIDES, BUT LET ME TOUCH ON TRAVEL WAIVERS AND TRAINING.
TRAVEL WAIVERS ARE ONLY REQUIRED FOR TRIPS THAT ARE PAID FOR BY VIRGINIA LOBBYISTS, LOBBYISTS, PRINCIPLES
[00:40:01]
OR ENTITIES THAT HAVE OR ARE SEEKING IN A CONTRACT WITH YOUR AGENCY.WE'LL TALK ABOUT TRAVEL WAIVERS IN DEPTH A LITTLE LATER.
IN THIS TRAINING, WE ALSO PROVIDE TRAINING FOR EVERYONE REQUIRED TO COMPLETE TRAINING ON THE CONFLICTS OF INTERESTS.
ACT TRAINING FOR STATE FILERS IS REQUIRED FIRST WITHIN TWO MONTHS AFTER STARTING A POSITION THAT MAKES YOU A FIRST TIME STATE FILER AND THEREAFTER, ONCE EVERY TWO YEARS, FORMAL AND INFORMAL GUIDANCE IS AVAILABLE ONLY TO THOSE INDIVIDUALS REQUIRED TO COMPLY WITH THE CONFLICTS OF INTEREST ACTS AND THE LOBBYING LAWS OF THE COMMONWEALTH.
FORMAL GUIDANCE IS ISSUED IN THE FORMAL FORMAL ADVISORY OPINIONS.
FORMAL ADVISORY OPINIONS MUST BE APPROVED BY THE COUNCIL BEFORE THE REQUESTER RECEIVES A RESPONSE, AND THE COUNCIL TYPICALLY ONLY MEETS ABOUT ONCE PER YEAR.
WE DO NOT ISSUE DRAFT STATEMENTS PRIOR TO COUNCIL APPROVAL.
FORMAL ADVISORY OPINIONS ARE PUBLIC AND AVAILABLE ON THE COUNCIL'S WEBSITE, BUT WE DO REDACT ALL PERSONALLY IDENTIFYING INFORMATION FROM THE REQUEST.
A REQUEST FOR A FORMAL ADVISORY OPINION MUST BE SUBMITTED IN WRITING VIA EMAIL OR MAIL AT LEAST SIX WEEKS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING TO BE CONSIDERED FOR THE AGENDA.
THESE OPINIONS ARE BEST SUITED FOR QUESTIONS THAT WILL HAVE A BROAD APPLICATION TO A LOT OF INDIVIDUALS REQUIRED TO COMPLY WITH THE ACTS.
THAT'S WHY MOST OF THE GUIDANCE WE ISSUE IS INFORMAL GUIDANCE.
INFORMAL GUIDANCE IS BEST FOR QUESTIONS THAT ARE SPECIFIC TO A REQUESTER AND THEIR SPECIFIC SITUATION.
DUE TO THE NATURE OF THE CONFLICTS ACTS, THIS INCLUDES THE VAST MAJORITY OF QUESTIONS WE RECEIVE.
INFORMAL GUIDANCE CAN BE ISSUED VIA PHONE OR EMAIL AND IS COMPLETELY CONFIDENTIAL AND NOT SUBJECT TO A FOIA REQUEST.
THE GUARANTEED TURNAROUND TIME ON INFORMAL GUIDANCE IS TWO TO FOUR WEEKS.
HOW QUICKLY ARE WE ABLE TO RESPOND TO YOUR REQUEST WILL DEPEND ON THE COMPLEXITY OF YOUR QUESTION AND HOW MANY OTHER REQUESTS THE STAFF IS WORKING ON.
IF YOU SUBMIT YOUR REQUEST OUTSIDE OF OUR BUSY SEASON, WHICH INCLUDES JANUARY AND ALL OF SESSION EVERY YEAR, IT IS LIKELY THAT YOU WILL NOT HAVE TO WAIT EVEN TWO WEEKS FOR A RESPONSE.
ADDITIONALLY, IF THE REQUEST AND THE RESPONSE ARE WRITTEN, WHICH INCLUDES EMAIL INFORMAL GUIDANCE PROVIDES THE EXACT SAME LEGAL PROTECTIONS AS A FORMAL ADVISORY OPINION.
LEGAL DEFINITIONS AS WE CONTINUE THROUGH THIS TRAINING, THERE ARE A COUPLE OF TERMS THAT YOU WILL HEAR FREQUENTLY.
LET'S REVIEW THEM NOW BEFORE WE DIVE IN.
THE FIRST LEGAL TERM IS IMMEDIATE FAMILY.
YOU'LL HEAR THIS TERM USED WHEN DISCUSSING PERSONAL INTERESTS, THE GIFT CAP DISCLOSING GIFTS, AND YOUR ANNUAL STATEMENT OF ECONOMIC INTERESTS.
IMMEDIATE FAMILY MEANS ONE, YOUR SPOUSE REGARDLESS OF WHETHER OR NOT THEY LIVE WITH YOU.
AND TWO, ANYONE WHO BOTH LIVES IN YOUR HOME AND IS A DEPENDENT OF YOU REGARDLESS OF RELATION.
SO IF YOU HAVE A COLLEGE AGE CHILD WHO HAS CHANGED THEIR PERMANENT ADDRESS, THEY ARE NOT A MEMBER OF YOUR IMMEDIATE FAMILY.
IF YOU HAVE SOMEONE LIVING WITH YOU WHO IS NOT RELATED TO YOU, BUT YOU CLAIM THEM AS A DEPENDENT ON YOUR TAXES, THEY ARE A MEMBER OF YOUR IMMEDIATE FAMILY.
IF YOU EVER HAVE A QUESTION ABOUT WHAT IMMEDIATE FAMILY MEANS WHILE FILING YOUR STATEMENT OF ECONOMIC INTERESTS, REMEMBER THAT THE DEFINITION FOR THIS AND MANY OTHER TERMS USED ON THE FORM CAN BE ACCESSED BY CLICKING THE DEFINITIONS BUTTON IN THE TOP RIGHT HAND OF YOUR SCREEN INSIDE THE FILING SYSTEM.
THE NEXT LEGAL TERM IS CONTRACTOR.
A CONTRACTOR IS ANY PERSON OR ENTITY THAT EITHER HAS OR IS SEEKING A CONTRACT WITH YOUR AGENCY.
A CONTRACT IS A VERY BROAD TERM AND INCLUDES ANY AGREEMENT TO WHICH A STATE AGENCY IS A PARTY.
A CONTRACT DOES NOT HAVE TO BE WRITTEN AND IT DOES NOT HAVE TO INCLUDE THE EXCHANGE OF MONEY.
AN EXAMPLE OF A COMMON CONTRACT WE SEE A LOT WITH STATE AGENCIES IS MEMBERSHIP WITH A PROFESSIONAL ORGANIZATION.
IF YOU HAVE QUESTIONS ABOUT WHETHER OR NOT AN ENTITY HAS OR IS SEEKING A CONTRACT WITH YOUR AGENCY, PLEASE CONTACT THE INDIVIDUAL AT YOUR AGENCY THAT IS IN CHARGE OF PROCUREMENTS AND OR YOUR DEPARTMENT HEAD.
THE FIRST LEGAL TERM IS IMMEDIATE FAMILY.
YOU'LL HEAR THIS TERM USED WHEN DISCUSSING PERSONAL INTERESTS, THE GIFT CAP DISCLOSING GIFTS, AND YOUR ANNUAL STATEMENT OF ECONOMIC INTERESTS.
IMMEDIATE FAMILY MEANS ONE, YOUR SPOUSE REGARDLESS OF WHETHER OR NOT THEY LIVE WITH YOU.
AND TWO, ANYONE WHO BOTH LIVES IN YOUR HOME AND IS A DEPENDENT OF YOU REGARDLESS OF RELATION.
SO IF YOU HAVE A COLLEGE AGED CHILD WHO HAS CHANGED THEIR PERMANENT ADDRESS, THEY ARE NOT A MEMBER OF YOUR IMMEDIATE FAMILY.
IF YOU HAVE SOMEONE LIVING WITH YOU WHO IS NOT RELATED TO YOU, BUT YOU CLAIM THEM AS A DEPENDENT ON YOUR TAXES, I'M NOW GOING TO COVER PROHIBITED CONDUCT AND PROHIBITED PERSONAL INTERESTS WITH YOU.
[00:45:01]
LET'S TALK ABOUT PROHIBITED CONDUCT.CERTAIN CONDUCT FOR STATE OFFICERS AND EMPLOYEES IS PROHIBITED PURSUANT TO VIRGINIA CODE SECTIONS 2.2 DASH 31 0 3 AND 2.2 DASH 31 0 6.
MOST OF THE PROHIBITIONS ON CONDUCT FOR STATE OFFICERS AND EMPLOYEES ARE ESTABLISHED IN VIRGINIA CODE SECTION 2.2 31 0 3.
WE HAVE PROVIDED A LINK TO THIS CODE SECTION IN THE RESOURCES TAB IN THE TOP RIGHT OF YOUR SCREEN.
WE ENCOURAGE YOU TO TAKE A FEW MINUTES AT THE CONCLUSION OF THIS TRAINING TO READ OVER THE ENTIRETY OF THIS SECTION AND KEEP THE PROHIBITIONS IN MIND AS YOU GO ABOUT YOUR SERVICE TO THE COMMONWEALTH.
SOME OF THE PROHIBITIONS OF VIRGINIA CODE SECTION 2.2 DASH 31 0 3 INCLUDE THE FOLLOWING.
YOU ARE NOT ALLOWED TO ACCEPT MONEY, A JOB OFFER, OR ANY OTHER INDUCEMENT TO ACT IN SOMEONE'S FAVOR.
YOU ARE NOT PERMITTED TO USE YOUR POSITION AS A STATE OFFICER OR OR AN EMPLOYEE TO HELP SOMEONE GET A JOB OR A CONTRACT WITH A VIRGINIA GOVERNMENT AGENCY.
AND YOU ARE NOT PERMITTED TO USE CONFIDENTIAL INFORMATION THAT YOU HAVE ACCESS TO DUE TO YOUR PUBLIC POSITION TO IMPROVE YOUR OWN OR SOMEONE ELSE'S FINANCIAL SITUATION.
NEXT, WE WILL DISCUSS PROHIBITED PERSONAL INTERESTS AND CONTRACTS AND TRANSACTIONS.
TO DO THIS, WE FIRST HAVE TO UNDERSTAND WHAT A PERSONAL INTEREST IS.
A PERSONAL INTEREST IS DEFINED IN VIRGINIA CODE SECTION 2.2 DASH 31 0 1.
IT IS A FINANCIAL BENEFIT OR LIABILITY THAT ACCRUES TO YOU OR A MEMBER OF YOUR IMMEDIATE FAMILY.
THIS MEANS THE PERSONAL INTERESTS OF YOUR IMMEDIATE FAMILY MEMBERS ARE ALSO YOUR PERSONAL INTERESTS.
THERE ARE SIX DIFFERENT WAYS A PERSONAL INTEREST CAN EXIST.
THE FIRST WAY A PERSONAL INTEREST CAN EXIST VIA OWNERSHIP IN A BUSINESS IS IF THE OWNERSHIP INTEREST EXCEEDS 3% OF THE TOTAL EQUITY OF A BUSINESS.
FOR EXAMPLE, LET'S SAY YOUR NEIGHBOR HAS STARTED A PRINTING COMPANY.
YOU HAVE INVESTED A LARGE SUM OF MONEY INTO HER BUSINESS IN EXCHANGE FOR 10% OWNERSHIP INTEREST BECAUSE 10 IS MORE THAN THREE, YOU HAVE A PERSONAL INTEREST IN THAT PRINTING COMPANY.
THE NEXT WAY OF PERSONAL INTEREST CAN EXIST IS VIA ANNUAL INCOME THAT EXCEEDS OR IS THEY ANTICIPATED TO EXCEED $5,000 PER YEAR DUE TO OWNERSHIP IN REAL OR PERSONAL PROPERTY.
AS AN EXAMPLE, LET'S SAY YOU HAVE A VERY SMALL OWNERSHIP INTEREST IN A VERY LARGE BLOCK OF COMMERCIAL REAL ESTATE.
HOWEVER, THIS REAL ESTATE IS SO SUCCESSFUL THAT EVEN WITH YOUR SMALL OWNERSHIP PERCENTAGE, YOU'RE GETTING MORE THAN $5,000 PER YEAR.
THIS MEANS THAT YOU HAVE A PERSONAL INTEREST IN THAT BLOCK OF REAL ESTATE EIGHT.
NEXT, YOU CAN HAVE A PERSONAL INTEREST DUE TO SALARY COMPENSATION OR ANY OTHER BENEFIT THAT EXCEEDS $5,000 A YEAR.
IF YOU ARE PAID MORE THAN $5,000 A YEAR TO WORK AT A BUSINESS OR GOVERNMENT AGENCY, YOU HAVE A PERSONAL INTEREST IN THAT BUSINESS OR GOVERNMENT AGENCY.
AND FINALLY, YOU CAN HAVE A PERSONAL INTEREST DUE TO OWNERSHIP OF REAL OR PERSONAL PROPERTY AND YOUR OWNERSHIP INTEREST IS VALUED AT MORE THAN $5,000 PER YEAR.
FOR EXAMPLE, LET'S SAY YOU OWN A RENTAL HOME, BUT YOU HAVE NOT MADE ANY MONEY FROM THAT PROPERTY IN THE LAST YEAR, IT HAS BEEN SITTING EMPTY.
IF THE HOUSE THAT YOU OWN IS WORTH MORE THAN $5,000, YOU HAVE A PERSONAL INTEREST IN THAT HOUSE EVEN THOUGH YOU'RE NOT MAKING ANY MONEY OFF OF IT.
NOW, THERE ARE TWO OTHER WAYS THAT A PERSONAL INTEREST CAN EXIST PER THE DEFINITION.
THESE HAVE TO DO WITH LIABILITY AND OWNERSHIP OPTIONS.
WE DON'T SEE THOSE SITUATIONS HAPPEN VERY OFTEN, BUT YOU CAN VIEW THEM IN THE DEFINITION OF A PERSONAL INTEREST IN VIRGINIA CODE SECTION 2.2 DASH 31 0 1, WHICH WE HAVE PROVIDED A LINK TO IN THE RESOURCES TAB AT THE TOP RIGHT OF YOUR SCREEN.
NOW THAT WE UNDERSTAND WHAT A PERSONAL INTEREST IS, LET'S DISCUSS PERSONAL INTEREST IN CONTRACTS.
A PERSONAL INTEREST IN A CONTRACT IS A PERSONAL INTEREST THAT YOU MAY HAVE IN A CONTRACT WITH A GOVERNMENT AGENCY, EITHER BECAUSE YOU ARE A PARTY TO THE CONTRACT OR BECAUSE YOU HAVE A PERSONAL INTEREST IN A BUSINESS THAT IS A PARTY TO THE CONTRACT PER VIRGINIA CODE SECTION 2.2 DASH 31 0 6, YOU ARE PROHIBITED FROM HAVING A PERSONAL INTEREST IN A CONTRACT WITH YOUR AGENCY OTHER THAN YOUR OWN CONTRACT OF EMPLOYMENT.
PLEASE NOTE THAT THERE ARE MANY EXCEPTIONS TO THIS PROHIBITION.
PLEASE CONTACT THE COUNSEL WITH ANY QUESTIONS ABOUT A PERSONAL INTEREST IN A CONTRACT WITH YOUR OWN AGENCY PER VIRGINIA CODE SECTION 2.2 DASH 31 0 6.
YOU ARE PROHIBITED FROM HAVING A PERSONAL INTEREST AND A CONTRACT WITH YOUR AGENCY OTHER THAN YOUR OWN CONTRACT OF EMPLOYMENT.
PLEASE NOTE THAT THERE ARE MANY
[00:50:01]
EXCEPTIONS TO THIS PROHIBITION.PLEASE CONTACT THE COUNSEL WITH ANY QUESTIONS ABOUT A PERSONAL INTEREST IN A CONTRACT WITH YOUR OWN AGENCY PER VIRGINIA CODE SECTION 2.2 DASH 31 0 6.
YOU ARE PROHIBITED FROM HAVING A PERSONAL INTEREST IN A CONTRACT WITH YOUR AGENCY OTHER THAN YOUR OWN CONTRACT OF EMPLOYMENT.
PLEASE NOTE THAT THERE ARE MANY EXCEPTIONS TO THIS PROHIBITION.
PLEASE CONTACT THE COUNCIL WITH ANY QUESTIONS ABOUT A PERSONAL INTEREST IN A CONTRACT WITH YOUR OWN AGENCY.
YOU ARE ALSO PROHIBITED IN HAVING A PERSONAL INTEREST IN A CONTRACT WITH ANY OTHER STATE AGENCIES.
HOWEVER, SUCH A CONTRACT IS PERMISSIBLE IF THE CONTRACT WAS AWARDED AFTER COMPETITIVE NEGOTIATION OR SEALED BIDDING FOLLOWING THE PROCUREMENT ACT, OR IF THE CONTRACT WAS AWARDED AFTER THE ADMINISTRATIVE HEAD OF THAT AGENCY MADE A PUBLIC WRITTEN FINDING THAT COMPETITIVE NEGOTIATION OR SEALED BIDDING WAS NOT IN THE PUBLIC'S BEST INTEREST.
PLEASE NOTE THAT THESE TWO EXEMPTIONS APPLY ONLY TO CONTRACTS WITH AGENCIES OTHER THAN YOUR OWN COMPETITIVE NEGOTIATION.
SEALED BIDDING OR A WRITTEN FINDING BY YOUR AGENCY HEAD DOES NOT MAKE A PERSONAL INTEREST IN A CONTRACT WITH YOUR OWN AGENCY PERMISSIBLE.
THERE ARE ALSO MANY OTHER EXEMPTIONS TO THE PROHIBITION ON CONTRACTS WITH OTHER STATE AGENCIES.
PLEASE CONTACT THE COUNCIL WITH ANY QUESTIONS ABOUT A PERSONAL INTEREST IN A CONTRACT WITH ANOTHER STATE AGENCY.
THE NEXT TYPE OF PROHIBITED PERSONAL INTEREST THAT YOU NEED TO BE AWARE OF IS PERSONAL INTERESTS IN TRANSACTIONS.
A TRANSACTION IS BROADLY DEFINED TO INCLUDE ANY MATTER CONSIDERED BY YOUR AGENCY ON WHICH OFFICIAL ACTION IS TAKEN OR CONTEMPLATED.
THIS INCLUDES ALL STEPS OF A TRANSACTION PROCESS, INCLUDING DEBATE, DISCUSSION, REVIEW OF BIDS, AND VOTING PERSONAL INTEREST IN A TRANSACTION.
A PERSONAL INTEREST IN A TRANSACTION IS PRESENT WHEN YOU OR A MEMBER OF YOUR IMMEDIATE FAMILY HAVE A PERSONAL INTEREST IN A PROPERTY, BUSINESS, OR GOVERNMENT AGENCY.
OR IF YOU OR AN IMMEDIATE FAMILY MEMBER REPRESENT OR PROVIDE SERVICES TO A PERSON OR BUSINESS.
AND THAT PROPERTY, BUSINESS, GOVERNMENT, AGENCY OR PERSON IS THE SUBJECT OF A TRANSACTION OR IT IS REASONABLY FORESEEABLE THAT THEY WILL BE IMPACTED BY THIS TRANSACTION.
THIS INCLUDES DIRECT AND INDIRECT BENEFITS AND DETRIMENTS.
REMEMBER YOUR NEIGHBOR'S PRUNING COMPANY WHEN WE LEARNED ABOUT THE DEFINITION OF A PERSONAL INTEREST AS AN EXAMPLE, LET'S SAY YOUR NEIGHBOR'S PRUNING COMPANY HAS APPLIED TO FULFILL A CONTRACT NEED AT YOUR AGENCY.
EVERY STEP OF THE CONTRACT PROCESS AT YOUR AGENCY IS PART OF A TRANSACTION.
AND BECAUSE YOU HAVE A PERSONAL INTEREST IN YOUR NEIGHBOR'S COMPANY, YOU HAVE A PERSONAL INTEREST IN THAT TRANSACTION.
IF THERE'S A TRANSACTION THAT APPLIES SOLELY TO AN ENTITY THAT YOU HAVE A PERSONAL INTEREST IN, YOU ARE PROHIBITED FROM PARTICIPATING IN THAT TRANSACTION.
IF YOU HAVE A PERSONAL INTEREST IN A TRANSACTION THAT IS SOLELY ABOUT AN ENTITY THAT YOU HAVE A PERSONAL INTEREST IN, YOU ARE PROHIBITED FROM PARTICIPATING IN THE TRANSACTION, INCLUDING DISCUSSION, DEBATE, OR VOTING ON THE TRANSACTION.
YOU MUST MAKE A PUBLIC DECLARATION OF YOUR PERSONAL INTEREST PURSUANT TO VIRGINIA CODE SECTION 2.2 DASH 31 14.
YOU MAY NOT GO INTO A CLOSED DOOR MEETING ABOUT THE TRANSACTION AND YOU MAY NOT DISCUSS THE TRANSACTION AT ANY TIME WITH ANY OTHER GOVERNMENT OFFICIALS EVEN AFTER THE TRANSACTION HAS CONCLUDED.
IF YOU HAVE A PERSONAL INTEREST IN AN ENTITY THAT IS IMPACTED BY A TRANSACTION, BUT THE TRANSACTION WILL NOT SOLELY IMPACT THAT ENTITY, YOU ARE NOT AUTOMATICALLY PROHIBITED FROM PARTICIPATING IN THE TRANSACTION, BUT YOU MUST QUALIFY FOR PARTICIPATION.
IF YOU QUALIFY TO PARTICIPATE IN A TRANSACTION, YOU ARE STILL REQUIRED TO MAKE A PUBLIC DECLARATION OF YOUR PERSONAL INTEREST.
THERE IS A VIRGINIA SUPREME COURT CASE THAT APPLIES TO THESE QUALIFIERS, WHICH MAKES INTERPRETING THEM A BIT MORE DIFFICULT.
THEREFORE, WE STRONGLY RECOMMEND THAT YOU CONTACT THE COUNSEL TO DETERMINE IF YOU ARE PERMITTED TO PARTICIPATE IN A TRANSACTION IN WHICH YOU HAVE A PERSONAL INTEREST.
A NOTE HERE FOR JUDGES AND JUDGES ONLY IF YOU ARE A JUDGE, THE PROHIBITION ON PERSONAL INTERESTS IN A TRANSACTION DO NOT APPLY TO YOU WHILE YOU ARE PERFORMING ADJUDICATED DUTIES.
YOU ARE STILL REQUIRED TO FOLLOW AND COMPLY WITH THE CANNONS OF JUDICIAL CONDUCT.
IF YOU HAVE A QUESTION ABOUT THE CANNONS, PLEASE CONTACT
[00:55:01]
THE OFFICE OF THE EXECUTIVE SECRETARY.WE ARE NOW GONNA TALK ABOUT GIFTS.
WHEN DISCUSSING GIFTS, THERE ARE THREE QUESTIONS THAT YOU NEED TO ASK AN ANSWER.
YOU MAY HAVE AN INSTINCT TO TRY TO ANSWER SOME OF THESE QUESTIONS TOGETHER.
YOU SHOULD IGNORE THAT INSTINCT.
IF YOU TRY TO ANSWER MORE THAN ONE QUESTION AT A TIME, CHANCES ARE HIGH THAT YOU WILL COME TO THE WRONG CONCLUSION.
YOU SHOULD TREAT THESE QUESTIONS AS STANDALONE ISSUES.
PRETEND THAT THE OTHER TWO QUESTIONS DO NOT EXIST WHILE YOU ARE ANSWERING A QUESTION.
THE THREE QUESTIONS ARE, IS IT A GIFT? DOES IT COUNT TOWARDS THE $100 GIFT CAP? AND DO I NEED TO REPORT IT ON MY STATEMENT OF ECONOMIC INTERESTS TO DETERMINE IF AN ITEM IS A GIFT? WE LOOK TO THE DEFINITION OF A GIFT IN VIRGINIA CODE SECTION 2.2 DASH 31 0 1.
A GIFT IS DEFINED AS ANY GRATUITY FAVOR, DISCOUNT, ENTERTAINMENT, HOSPITALITY, LOAN, FORBEARANCE, OR OTHER ITEM HAVING MONETARY VALUE.
IT INCLUDES SERVICES AS WELL AS GIFTS OF TRANSPORTATION, LOCAL TRAVEL, LODGINGS AND MEALS, WHETHER PROVIDED IN KIND BY PURCHASE OF A TICKET, PAYMENT IN ADVANCE OR REIMBURSEMENT AFTER THE EXPENSE HAS BEEN INCURRED.
AS YOU CAN SEE, THE DEFINITION OF A GIFT IS VERY BROAD.
THERE ARE VERY LITTLE EXAMPLES OF THINGS YOU COULD POINT TO THAT DO NOT FALL INTO THAT DEFINITION.
SO THE BEST APPROACH TO FIGURE OUT IF SOMETHING IS A GIFT IS TO ASSUME THAT YES, IT IS A GIFT.
AND THEN LOOK TO ONE OF THE EXEMPTIONS TO THE DEFINITION OF A GIFT EXEMPTIONS TO THE GIFT DEFINITION.
THERE ARE MANY EXCEPTIONS TO THE DEFINITION OF A GIFT, WHICH YOU CAN VIEW IN THE DEFINITION OF A GIFT IN THE GLOSSARY ON THE LEFT SIDE OF YOUR SCREEN OR BY REVIEWING VIRGINIA CODE SECTION 2.2 DASH 31 0 1, WHICH YOU CAN ACCESS VIA THE RESOURCE TAB IN THE TOP RIGHT OF YOUR SCREEN.
TODAY WE WILL TOUCH A FEW OF THE EXEMPTIONS TO THE DEFINITION OF A GIFT THAT WE SEE USED MOST OFTEN ON THE STATE LEVEL.
THE FIRST IS A GIFT THAT IS RELATED TO THE PRIVATE PROFESSION OR OCCUPATION OR VOLUNTEER SERVICE OF YOU OR A MEMBER OF YOUR IMMEDIATE FAMILY.
SINCE THOSE OF YOU VIEWING THIS ARE FULL-TIME STATE OFFICER OR OR EMPLOYEES, IS UNLIKELY THAT YOU HAVE A PRIVATE PROFESSION OUTSIDE OF YOUR PUBLIC SERVICE.
THEREFORE, THIS EXCEPTION WILL MOST LIKELY BE USED IN RELATION TO YOUR IMMEDIATE FAMILY MEMBERS.
AS AN EXAMPLE, IF A MEMBER OF YOUR IMMEDIATE FAMILY GETS A VACATION FROM HER EMPLOYER BECAUSE SHE WAS THE TOP EMPLOYEE AT HER COMPANY LAST YEAR, THAT TRIP IS NOT A GIFT.
LIKEWISE, IF YOUR SPOUSE VOLUNTEERS WITH A ROTARY CLUB AND RECEIVES A GIFT BASKET AS A TOKEN OF, OF APPRECIATION FOR HIS SERVICE, IT IS NOT A GIFT.
THE NEXT EXEMPTION IS FOR FOOD BEVERAGES AND WAIVED REGISTRATION OR ATTENDANCE FEES FOR AN EVENT AT WHICH YOU ARE A FEATURED SPEAKER, PRESENTER, OR LECTURER.
PLEASE NOTE THAT THIS EXCEPTION DOES NOT COVER TRAVEL OR LODGING COSTS.
SO IF YOU'RE GOING TO SPEAK AT A CONFERENCE AND A LOBBYIST, LOBBYIST PRINCIPLE OR A CONTRACTOR CASE FOR YOUR HOTEL, THIS EXCEPTION DOES NOT COVER THAT.
NEXT IS TRAVEL PAID FOR OR PROVIDED BY THE GOVERNMENT OF THE UNITED STATES, ANY OF ITS TERRITORIES OR ANY STATE OR POLITICAL SUBDIVISION OF THE STATE.
IF A STATE AGENCY OR LOCALITY PAYS FOR A TRIP, IT IS NOT A GIFT.
WE WILL CONTINUE THAT SHORTLY.
MR. MASON, I HAVE A RECOMMENDATION NEXT TIME WE HAVE THIS TWO HAVE IT DURING THE ORGANIZATIONAL MEETING IN JANUARY OF, I SECOND THAT I SECOND THAT SECOND THAT
IT IS THE BEWITCHING HOUR OF SIX
[01:00:01]
O'CLOCK.UM, NO ONE HAS SIGNED UP FOR ANY OF THE PUBLIC HEARINGS TO SPEAK.
SO AS FAR AS THAT GOES, WE DO NOT NECESSARILY, WE CAN FOREGO WITH THE PUBLIC HEARING RULES.
SO THE FIRST ONE, WE'LL, THE FIRST ONE WOULD BE EIGHT THREE A REZONING OF THE FARMER SEAFOOD PLANT FROM AG TO INDUSTRIAL, UH, WITH PROFFERS.
UM, JOHN CUSAS ON BEHALF OF DEBORAH BRYANT AND VIRGINIA SPACE AUTHORITY, MR. PAM BID.
UH, MEMBERS OF THE BOARD, UM, LEE PAM, A DEPUTY COUNTY ADMINISTRATOR FOR COMMUNITY AND ECONOMIC DEVELOPMENT, AND THIS IS A COMPANION CASE, UH, UH, WITH THE ONE THAT WE HEARD LAST MONTH ON THE, UH, ON THE MARS INDUSTRIAL COMPLEX OR OTHERWISE KNOWN AS THE, UM, AS THE DARBY FARM.
SO, UH, IF WE COULD, OH, HERE'S THE, UH, CLICKER RIGHT HERE.
SO THIS IS YOUR TYPICAL, UM, UH, TABLE OF WHAT I CALL VITAL STATS FOR THE CASE.
THE APPLICANT'S REPRESENTATIVE IS MR. JOHN CUSAS ON BEHALF OF DEBORAH BRYAN AND VIRGINIA SPACE.
BOTH MR. CUSAS AND MS. BRIAN ARE HERE TONIGHT.
THE PROPERTY OWNERS, UH, UH, IS VIRGINIA SPACE AND THE LOCATION IS AT, UM, UH, 13 249 LANGFORD HIGHWAY IN MAPS.
AND WE'RE ALL FAMILIAR WITH THAT LOCATION.
UM, THE, UH, MAGISTERIAL DISTRICT, IT'S IN DISTRICT FIVE, SO IT'S IN SUPERVISOR WASHINGTON'S DISTRICT, AND THE PLANNING COMMISSIONER IS, UH, SHEILA CONNOR.
IT WAS ADVERTISED FOR APPROXIMATELY 55 ACRES.
THE CURRENT ZONING IS AGRICULTURE.
THE FUTURE LAND USE RECOMMENDATION IS ALSO AGRICULTURE, NO DENSITY BECAUSE THERE'S NO RESIDENTIAL.
AND, UH, THE REQUEST IS A PROFFERED REZONING OF APPROXIMATELY 55 ACRES FROM AGRICULTURAL TO INDUSTRIAL WITH TWO PROFFERS.
UM, PART OF THE PROPERTY IS IN THE AG AND FORESTAL DISTRICT.
AS I HAD MENTIONED LAST MONTH.
THE REZONING WILL ESSENTIALLY VACATE THAT DESIGNATION.
THE ADJACENT ZONING IS AGRICULTURE AND RESIDENTIAL, AND THE ADJACENT USES ARE, UH, SINGLE FAMILY RESIDENTIAL VACANT AGRICULTURE.
AND OF COURSE, ACROSS THE STREET YOU HAVE KEKA TANK ELEMENTARY AS AN EDUCATIONAL AND OR INSTITUTIONAL USE.
THIS RIGHT HERE IS THE, UH, IS AN AERIAL.
LIKE I SAID, WE'RE ALL FAMILIAR, UH, PRETTY MUCH FAMILIAR WITH THE SITE.
UH, IT, UH, IT'S A LARGE BUILDING DIRECTLY ADJACENT TO ROUTE 13.
HERE'S THE ZONING MAP INDICATING THAT, UH, UH, A SIGNIFICANT PORTION OF THE AREA ZONED AG WITH A LITTLE BIT OF RESIDENTIAL, UH, DEPICTED IN ORANGE.
THIS IS THE FUTURE LAND USE MAP.
AGAIN, IT'S ALL, UH, DESIGNATED AGRICULTURAL.
THIS IS THE AG AND FORESTAL, UH, DISTRICT MAP.
AND OF COURSE, YOU CAN SEE THAT A PORTION OF THE SITE IS DESIGNATED AS SUCH.
AND AGAIN, JUST TO REPEAT, UH, THIS REZONING IF APPROVED, WILL VACATE THAT PORTION OF THE A FD ON SITE.
THIS, UH, IS THE, UH, THE, THE 20,000 FOOT HAZARD ARC.
THE INTERIOR CIRCLE IS 10,000, BUT THE, UH, UH, THE HA THE 20,000 FOOT HAZARD ARC JUST BARELY TOUCHES THIS SITE.
AND AS YOU CAN SEE FROM THE CASE LAST MONTH, UH, THE MARS INDUSTRIAL COMPLEX WHERE THE DARBY FARM IS ENTIRELY WITHIN THE HAZARD AREA.
OF COURSE, THE FLOOR PLAN WAS IN YOUR, UH, WAS WAS IN YOUR PACKET.
AND IF YOU'VE GOT ANY QUESTIONS ABOUT THAT, WE CAN TRY TO FIELD THOSE AT WHEN THE TIME COMES.
I AM NOT GONNA GO OVER ALL OF THE, UH, THINGS THAT WE WENT OVER LAST MONTH THAT, UH, THEY WOULD ALSO APPLY TO THIS CASE.
SO WE'RE ALL WELL AWARE, UH, FROM LAST MONTH OF THE LAND USE AND THE ECONOMIC DEVELOPMENT, UH, RATIONALES, UH, FOR THE RECOMMENDATION OF APPROVAL BY THE PLANNING COMMISSION AND THE, UH, AND THE STAFF.
BUT MORE SPECIFICALLY WITH REGARDS TO THE PROFFERS, VIRGINIA SPACE IS PROPOSING TWO PROFFERS.
UH, ONE IS TO PROFFER IN USES THAT ARE, UH, THAT ARE APPLICABLE TO THEIR ACTIVITY.
AND THEY WOULD INCLUDE TYPICAL AEROSPACE MANUFACTURING, PRODUCTION, FABRICATION, AND SUPPORT AND ACCESSORY USES SUCH AS, UH, UM, CAFETERIAS, BANQUET SPACES, OFFICES, THINGS OF THAT SORT, VIRGINIA SPACE PROFFERS TO, UH, UH, TO PROFFER OUT PRETTY MUCH ALL OTHER USES THAT ARE NOT EXPRESSLY PROFFERED IN.
AND THOSE WOULD INCLUDE USES BY RIGHT SPECIAL USE PERMIT OR CONDITIONAL USE PERMITS.
SO IF IT'S NOT LISTED IN THE PROFFER AS WRITTEN ON THAT, UH, PROFFER STATEMENT THAT WAS SIGNED AND DATED NOVEMBER 18TH, IT'S NOT ALLOWED.
[01:05:01]
THE PLANNING COMMISSION DISCUSSED, UM, HOT TEST FIRING AS IN, UH, VIRGINIA SPACE HAS SPECIFICALLY PROFFERED OUT HOT TEST FIRING.SO THAT ACTIVITY WILL NOT BE CONDUCTED ON SITE.
THERE ARE ALSO SOME QUESTIONS ABOUT HAZARDOUS MATERIAL STORAGE.
UH, THE, THE PLANNING COMMISSION WAS SATISFIED WITH THE ANSWER THAT ANY HAZARDOUS MATERIAL STORAGE WOULD REQUIRE A CONDITIONAL USE PERMIT, MEANING IT WOULD COME BACK BEFORE THOSE TWO BODIES, MEANING THE PLANNING COMMISSION AND BOARD OF SUPERVISORS FOR YOUR REVIEW, RECOMMENDATION AND DECISION.
AND WE'VE GOT THE PROFFERS HERE, OF COURSE, THEY WERE IN YOUR, IN YOUR PACKET AND WE CAN REFER TO THE, TO THE, UH, UH, TEXT IF YOU'VE GOT ANY QUESTIONS ABOUT THOSE.
FROM A REVIEW STANDPOINT, ENVIRONMENTALLY, THERE ARE NO, UH, NO TECHNICAL COMMENTS AND THERE ARE NO ENVIRONMENTAL CONSTRAINTS LIKE WE HAD ON THE OTHER SITE.
THERE'S NO RPA, NO FLOODPLAIN, UH, UH, NO WETLANDS, NOTHING LIKE THAT FROM A UTILITIES AND VIRGINIA DEPARTMENT OF HEALTH STANDPOINT, UH, SAME AS LAST MONTH.
THE VIRGINIA DEPARTMENT OF HEALTH HAS NO REGULATORY PURVIEW OR AUTHORITY OVER REZONINGS.
HOWEVER, THEY WILL HAVE THE CHANCE TO REVIEW SUBSEQUENT SITE PLANS.
IF THERE ARE ANY PROPOSED, UM, AND IF ADDITIONAL UTILITIES ARE NEEDED, THEY WILL BE CONSULTED.
UM, AS WITH THE OTHER CASE, THE VIRGINIA DEPARTMENT OF HEALTH OFFICE OF DRINKING WATER MAY NEED TO BE CONSULTED, UH, BECAUSE IF THERE ARE ANY IMPROVEMENTS NEEDED TO WATER, THEN THERE, WE MAY BE TALKING ABOUT MULTIPLE TENANTS IN THE BUILDING.
BUT, UH, AGAIN, AS LAST MONTH, THE DRINKING WATER OFFICE MAY HAVE TO BE CONSULTED FROM A UTILITIES POWER STANDPOINT.
UH, ANEC AGAIN, THEIR RESPONSE WAS FOR BOTH CASES THAT THEIR ROLE IS TO PROVIDE SAFE, RELIABLE SERVICE WHEN AND, UH, UH, WHERE AND WHEN IT IS REQUESTED.
SO, UH, THEY STILL NEED TO KNOW WHAT THE LOAD, UH, WHAT, WHAT THE POWER LOAD INFORMATION IS WHEN, UM, WHEN ADDITIONAL INFORMATION, ESPECIALLY AS THEY'RE LOOKING AT SOME OF THE, UH, SOME OF THE SPACES IN THEIR PHASE TWO AND PHASE THREE, THEY MAY NEED ADDITIONAL POWER REQUIREMENTS.
OF COURSE, A NAC WILL BE CONSULTED ON THAT IF THEY'VE GOT THE CAPACITY TO SERVE FROM A TRANSPORTATION STANDPOINT.
UH, VDOT DID INDICATE THAT, UH, UH, TRANSPORTATION IMPROVEMENTS WOULD BE NEEDED.
UM, UH, JUST GENERALLY THEY DID ASK FOR A SCALED CONCEPT DRAWING, AND WHEN IT'S TIME TO ACTUALLY PUT SOME USES IN THE BUILDING, UH, THAT WILL, THAT WILL BE EXPECTED THAT, UH, THAT THEY GO TO VDOT AND TO, UH, CLOSE THE LOOP ON THIS PARTICULAR ASPECT.
FROM A PUBLIC SAFETY STANDPOINT, THERE WERE NO TECHNICAL COMMENTS, NOR DID WE RECEIVE COMMENTS FROM THE, UH, FROM THE PUBLIC.
THIS WAS ADVERTISED BOTH AT PLANNING COMMISSION AND BOARD OF SUPERVISORS, BUT THE STAFF HAS NOT RECEIVED ANY COMMENTS.
THERE ARE SEVERAL FINDINGS THAT THE STAFF AND THE PLANNING COMMISSION, UM, UH, BASED THEIR, UH, BASED THEIR, UM, UH, THEIR RECOMMENDATIONS ON.
NUMBER ONE, THE REQUEST IS IN KEEPING WITH THE MULTIPLE ECONOMIC DEVELOPMENT FACETS OF THE COMP PLAN.
SECONDLY, THE INDUSTRIAL EYE ZONING DISTRICT STATEMENT OF INTENT DESCRIBES THE APPROPRIATENESS OF THE ZONING DISTRICT FOR THE PROPOSED USE.
THIRDLY, THERE ARE NO SPOT ZONING IMPLICATIONS WITH THIS CASE.
FOURTH, WITH THE EXCEPTION OF VOT, THE PARTNER AGENCIES HAD NO TECHNICAL COMMENTS.
THE TECHNICAL COMMENTS WILL BE ADDRESSED AT, UH, AT THE SITE PLAN REVIEW STAGE.
THE PROFFERS HAVE BEEN FOUND TO BE LEGALLY SUFFICIENT AND ADDRESS, UH, IMPACTS OF DEVELOPMENT ARISING FROM THE REZONING.
AND FINALLY, ALTHOUGH THE COMPREHENSIVE PLAN DOES NOT MENTION THE BEST PRACTICE OF ADAPTIVE REUSE, THIS IS A PRIME EXAMPLE OF TAKING AN, AN EXISTING BUILDING WITH LITTLE PROSPECT AND ADAPTIVELY REUSING AND REPURPOSING IT FOR EXPANDING THE AIRSPACE AND DEFENSE CLUSTER HERE IN ACK COUNTY.
UM, HERE WE'VE GOT THE, UH, UH, THE STAFF RECOMMENDATIONS.
OF COURSE, THE STAFF RECOMMENDED APPROVAL TO THE PLANNING COMMISSION, WHICH RECOMMENDED APPROVAL TO THE FULL SUPERVISORS IN UNANIMOUS VOTE NINE TO ZERO.
AND WE'VE GOT THE, UH, RECOMMENDED MOTION ON THE SCREEN.
I CAN FIELD ANY QUESTIONS AT THIS TIME, AND I'D LIKE TO TAKE THIS OPPORTUNITY TO, TO WISH EVERYBODY A MERRY CHRISTMAS AND IN TAGALOG OR IN FILIPINO MARGA.
ANY QUESTIONS OR COMMENTS? IF NOT, WHAT'S THE, WHAT'S THE PLEASURE OF THE WHAT? EXCUSE.
FIRST OF ALL, MR.
[01:10:01]
THIS FEELS LIKE A LITTLE BIT OF DEJA VUUH, FOR THE RECORD, MY NAME IS JOHN CUSAS.
I'M A LOCAL ATTORNEY REPRESENTING VIRGINIA SPACE.
UH, WITH ME TONIGHT, I DO HAVE DEBBIE BRYAN.
UH, SHE'S HERE WITH HER HUSBAND FOR, UH, TWO IMPORTANT EVENTS, UH, IN NORTHERN ACK COUNTY.
ONE IS FOR TONIGHT, UH, HERE, UH, AND OTHER, THE OTHERS FOR THE LAUNCH THAT, UH, WAS MENTIONED EARLY AS WELL.
SO, UM, I'D LIKE TO THANK MR. PAMED AND, AND CICE RIDLEY AGAIN FOR THEIR, UH, THOROUGH, UM, ANALYSIS, THEIR PROFESSIONAL, UM, COOPERATION, AND ULTIMATELY THE INSIGHTFUL AND INFORMATIONAL PRESENTATION THAT WAS HERE TONIGHT.
UM, LADIES AND GENTLEMEN, I, I STAND BEFORE YOU JUST LIKE, UH, MR. PAYMAN DID.
I DO NOT WISH TO, UM, UH, TO REGURGITATE, UH, LONG PRESENTATION THAT WE DID, UH, EARLIER, BUT I THINK, UM, IN ORDER TO VALIDATE OUR RECORD, WE DO HAVE A FEW THINGS THAT I WOULD LIKE TO STATE.
UM, FIRST OF ALL, WITH RESPECT TO THE USE OF THE PROPERTY, THERE IS NOT GONNA BE ANY MAJOR USE THAT IS THERE, THAT THE COUNTY IS NOT ALREADY USED TO.
UM, AND WHAT I MEAN BY THAT IS, IF YOU HAVE BEEN DRIVING NORTH ON ROUTE 13 RIGHT BEFORE ARCADIA HIGH SCHOOL, YOU HAVE SEEN THE, UM, ADDISON COMPLEX THAT VIRGINIA SPACE CURRENTLY OCCUPIES.
THE IDEA HERE IS TO SIMPLY TAKE EVERYBODY THAT IS THERE, TAKE THE SAME USES AND MOVE THEM TO THIS.
SO, UM, AS, AS WE HAD, AND I'LL GET TO IN A SECOND, WE HAD A PUBLIC INPUT SESSION FOR A LOT OF THE NEIGHBORS.
THERE WERE A LOT OF QUESTIONS ABOUT WHAT THOSE NEW USES WOULD BE.
WE REASSURED THEM THAT OBVIOUSLY IT WOULD BE THE SAME TYPES OF USES.
SO NOTHING BRAND NEW THAT'S GONNA BE ANY TYPE ANY MORE HAZARDOUS THAN WHAT IS ALREADY ALREADY THERE.
UM, WITH RESPECT TO THAT TIMELINE, SIMILAR AS WE DID LAST TIME.
UM, VIRGINIA SPACE PURCHASED THE PROPERTY IN JUNE OF 2025 OF THIS YEAR, UH, APPLIED FOR THE REZONING.
IN AUGUST, UH, THE PLANNING COMMISSION HELD A WORK SESSION THAT WAS A PUBLIC WORK SESSION.
SEPTEMBER 23RD, WE DID HAVE A COMMUNITY INPUT MEETING ON OCTOBER 6TH.
WE HAD, UM, BETWEEN 15 AND 20 PEOPLE SHOW UP, INCLUDING ALL OF THE NEIGHBORS, UM, THAT ARE THERE BY THE MAXVILLE CLAIM PLAN.
UM, WE'VE BEEN DOING OUTREACH TO, UM, VIRGINIA SPACE HAS DONE DIRECT OUTREACH TO THE SCHOOL SYSTEM.
UM, AS YOU SAW ON THE FLOOR PLAN, THERE ARE, THERE'S AN EDUCATIONAL, UH, AREA THAT THEY INTEND TO BRING IN STUDENTS TO HELP EDUCATE IN THE AEROSPACE INDUSTRY.
UM, AND THEN ULTIMATELY ON OCTOBER, UM, EIGHTH, WE HAD THE PLANNING COMMISSION, WHICH, UM, UH, RECOMMENDED UNANIMOUS CONSENT.
LADIES AND GENTLEMEN, THE ONLY OTHER THING THAT I WOULD SAY WITH RESPECT TO THIS SITE AND THE INDUSTRIAL USE, UM, THIS ACTUALLY ISN'T THE FIRST TIME THAT THIS COUNTY HAS GRANTED AN INDUSTRIAL USE SPECIAL TYPE OF, OF USE EMPLOYMENT AT THIS SITE.
UM, BACK IN 2022, UH, AS A MATTER OF FACT, ABOUT THREE YEARS AGO, IT WAS DECEMBER OF 2022, UH, THE BOARD OF, UH, ZONING APPEALS, THE BZA, UH, GRANTED THE PREVIOUS OWNER, E-H-H-L-L-C, UM, A LIMITED LIGHT INDUSTRY IN THIS BUILDING AS WELL.
IT'S GONNA BE USED FOR OFFICE AND WAREHOUSING, SO A VERY SIMILAR USE.
UM, SO AS THAT DOES NOT CREATE PRECEDENT FOR YOU, IT DOES SHOW THAT THIS COUNTY HAS ALREADY GRANTED THAT USE AT THIS SPOT.
SO, LADIES AND GENTLEMEN, BASED ON THE MULTIPLE PUBLIC HEARINGS THAT HAVE BEEN DONE, INCLUDING TONIGHT, WITH NO NEGATIVE COMMENTS WHATSOEVER, UM, BASED ON THE PUBLIC OUTREACH THAT WE HAVE DONE TO THE SCHOOL SYSTEMS, TO THE NEIGHBORS, UH, AND TO, SPECIFICALLY TO THE LARGE FARMER WHO IS IN, UH, WHO HAS ABSOLUTELY NO OBJECTION WHATSOEVER, UM, BASED ON THE FACT THAT WE HAVE, UH, WONDERFUL ADAPTIVE REUSE FOR A VERY OLD BUILDING THERE THAT WILL LOOK VERY NICE AND BE USED, UH, FOR SOMETHING VERY VALUABLE TO OUR COMMUNITY.
UH, AND BASED ON THE PLANNING COMMISSION AND STAFF'S UNANIMOUS CONSENT, I WILL END TONIGHT WITH TWO SPECIFIC REQUESTS.
THE FIRST ONE IS THAT BASED ON ALL OF THAT INFORMATION, THAT WE RESPECTFULLY REQUEST THAT YOU IN THE, IN THE NAME OF ECONOMIC DEVELOPMENT, APPROVE THE REZONING APPLICATION FOR MY CLIENT VIRGINIA SPACE.
AND I STARTED MY PREVIOUS PRESENTATION LAST MONTH BY THANKING YOU ALL FOR YOUR HARD WORK.
I RENEW MY GRATITUDE AND APPRECIATION TO EACH OF YOU FOR THE TIME AND THE EFFORTS THAT YOU GIVE TO OUR COMMUNITY.
YOU TACKLE THE TIMELY AND IMPORTANT ISSUES FOR OUR CITIZENS, AND I SINCERELY DO APPRECIATE THAT.
SO, ON TOP OF EVERYBODY ELSE TONIGHT, MY SECOND REQUEST IS THAT EACH OF YOU HAVE A MERRY CHRISTMAS, HAPPY HOLIDAYS, AND A HAPPY NEW YEAR.
AND AS ALWAYS, I'VE REMAINED READY, WILLING, AND ABLE TO ANSWER ANY QUESTIONS.
UH, ANY QUESTIONS OR COMMENTS FROM MR. STI? IF NONE, UM, AT THIS TIME, I OPENED THE PUBLIC COMMENT PERIOD ON THIS, UH, ON THIS, UM, EIGHT THREE, UH, NO ONE HAS SIGNED UP.
SO I CLOSED THE PUBLIC COMMENT PERIOD.
UH, WAS THE PLEASURE OF THIS BOARD, MR. CHAIRMAN? I, MS. MS. CROCKETT, MS. CHAIRMAN, I MOVE.
WE APPROVE REZ DASH 20 50 0 1 50, A 50 DASH 50 B 55 DASH A DASH 51, AND A PORTION OF 55 DASH A DASH 43, CONSISTENT, CONSISTENT OF APPROXIMATELY 55.14
[01:15:01]
ACRES, OWNED BY VIRGINIA COMMERCIAL SPACE AUTHORITY TO DISTRICT TO INDUSTRIAL DISTRICT WITH A PROPERTY STATEMENT DATED NOVEMBER 18, 24.FIVE SECOND, WE HAVE A MOTION PROPERLY SECONDED.
WE'LL MOVE TO ITEM, UH, EIGHT FOUR ON THE AGENDA, PUBLIC HEARING ON THE COUNTY CONDITIONAL, UH, ACCEPTANCE, UH, DEDICATION OF TWO STREETS IN EAGLE SIGN SUBDIVISION, BAYVIEW LANE AND ILET LANE.
WELL, GOOD EVENING, MR. CHAIRMAN MEMBERS, THE BOARD, STEWART HALL, PUBLIC WORKS AND FACILITIES.
THIS NEXT PUBLIC HEARING RELATES TO THE CONSIDERATION OF THE COUNTY TO CONDITIONALLY ACCEPT DEDICATION OF TWO STREETS IN EAGLE SOUND SUBDIVISION, NAMELY BAYVIEW LANE AND EAGLET LANE.
AS YOU MAY RECALL, THE EAGLE SOUND PROPERTY OWNER ASSOCIATION HAS REQUESTED THE COUNTY ACCEPT THE, THE DEDICATION OF THESE ROADS AND ONCE ACCEPTED FOR THE COUNTY TO REQUEST VDOT TO ADD THESE STREETS TO THE, UH, VDOT SECONDARY SYSTEM OF STATE HIGHWAYS.
THE POAA HAS BEEN ADVISED THAT THESE STREETS WILL BE MANAGED AND CONTROLLED BY VDOT ONCE THEY'RE WITHIN THE SECONDARY SYSTEM, MEANING THAT THE POA AND COUNTY WILL HAVE, UM, UH, NO AUTHORITY TO DEMAND IMPROVEMENTS IN REPAIRS TO ALTERATION OR VACATION OF THE STREETS.
THE PLANNING COMMISSION PERFORMED A CONFORMANCE REVIEW PURSUANT TO CODE OF VIRGINIA SECTION 15.2, 2232, FINDING THAT THE LOCATION, CHARACTER AND EXTENT OF THE ACCEPTANCE OF BAYVIEW LANE AND EAGLE LANE INTO THE PUBLIC SECONDARY HIGHWAY SYSTEM, AS DESCRIBED IN THE STAFF REPORT, ARE SUBSTANTIALLY IN ACCORD WITH THE 2018 AKIMA COUNTY COMPREHENSIVE PLAN, UH, INCLUDED IN IN YOUR AGENDA PACKET ARE THE, UM, THE STAFF REPORTS, UH, PLANNING COMMISSION, INFORMATION, MAPS, AND SO FORTH.
UM, THE ONLY THING I WILL ADDITIONAL I'D LIKE TO NOTE IS THAT YOU MAY RECALL IN 2021 THROUGH AN IDENTICAL PROCESS, UM, THE BOARD APPROVED THE, UH, THE TWO OTHER, UH, LANES THERE.
THERE'S FOUR TOTAL THAT PARALLEL EACH OTHER.
THE OTHER TWO WERE, UH, SANDPIPER LANE AND OYSTER COVE.
SO THEY'RE ALREADY IN THE SYSTEM.
AND THIS IS THE REQUEST, UH, FOR THE, UH, REMAINING TWO LANES TO COME IN.
AND THAT CONCLUDES, UH, THE STAFF REPORT.
I'M, UH, WILLING TO ANSWER ANY QUESTIONS.
THE BOARD MAY HAVE ANY QUESTIONS, COMMENTS FROM STA HALL.
IF NOT, THEN I OPEN THE PUBLIC COMMENT PERIOD ON THIS, UM, HEARING.
UM, NO ONE HAS SIGNED UP FOR THIS AS EITHER.
SO I CLOSE THE, UH, COMMENT PERIOD, UH, WAS THE PLEASURE OF THIS BOARD, MR. CHAIRMAN, I MOVE.
WE APPROVE ACCEPTANCE OF DEDICATION OF BAYVIEW LANE AND EAGLE EAGLE LANE ON THE CONDITION SECONDARY STATE HIGHWAY APPROVE RESOLUTION TO REQUEST SUCH ACTION.
WE HAVE A MOTION PROPERLY SECONDED.
UH, PUBLIC, UH, PUBLIC HEARING, EIGHT FIVE ON THE AGENDA, PUBLIC HEARING TO, UH, CON, UH, CONVEYANCE AND, UM, FEE SIMPLE OF A PARCEL OF LAND TAX MAP 1 0 1 DASH FIVE DASH A, INCLUDING THE IMPROVEMENTS THERE ON, UH, TO THE HAMPTON ROADS SANITATION DISTRICT.
UH, THIS NEXT PUBLIC HEARING RELATES TO THE CONVEYANCE AND FEE, SIMPLE OF PARCEL OF LAND, UH, TAX MAP 1 0 1 DASH FIVE DASH A, INCLUDING THE IMPROVEMENTS TO HAMPTON ROAD SANITATION DISTRICT, ALSO KNOWN AS HRSD.
DURING THIS REGULAR MEETING ON OCTOBER 15TH, THE BOARD OF SUPERVISORS APPROVED THE ACCEPTANCE OF A PARCEL OF LAND, THE SAME, UM, PARCEL, INCLUDING IMPROVEMENTS FROM THE ECONOMIC DEVELOPMENT AUTHORITY OR EDA WITH THE INTENTION OF CONVEYING THIS PARCEL TO THE, UH, TO HRSD, PURSUANT TO THE SEWER TRANSFER AND SERVICE AGREEMENT BETWEEN THE COUNTY AND HRSD.
UM, THIS IS, THIS IS ONE OF TWO, UM, PARCELS WITHIN THE PARK THAT, THAT THE, UM, SEWAGE, UH, TRANS PUMP STATIONS ARE LOCATED ON.
OTHER THAN THAT, IT'S PRETTY STRAIGHTFORWARD, BUT I'LL BE WILLING TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE.
ALRIGHT, THANK YOU, MR. MR. HALL, ANY QUESTIONS OR COMMENTS FOR MR. HALL? IF NOT, AT THIS TIME, I OPEN THE PUBLIC COMMENT PERIOD.
NO ONE HAS SIGNED UP TO SPEAK.
I CLOSE THE PUBLIC COMMENT PERIOD.
UH, WHAT'S THE PLEASURE OF THIS BOARD, MR. CHAIRMAN? I APPROVE.
WE APPROVE THE CONVEYANCE AND FEE SIMPLE IMPARTIAL OF LAND TASK MAP 1 0 1 5 A, INCLUDING THAT ON THE HAMPTON ROAD.
UH, MOVING ON TO EIGHT SIX PUBLIC HEARING ON CONVEYANCE AND SIMPLE, UH, AND FEE SIMPLE OF A PARTIAL LAND TAX MAP, 1 0 1 DASH FIVE DASH A 16, INCLUDING THE IMPROVEMENTS THERE ON TO THE HAMPTON ROAD SANITATION DISTRICT.
AND THIS WOULD BE THE SECOND PUMP STATION LOCATED WITHIN THE INDUSTRIAL PARK AT MALFA DURING ITS REGULAR MEETING.
ON OCTOBER 15TH, THE BOARD OF SUPERVISORS
[01:20:01]
APPROVED THE ACCEPTANCE OF A PARCEL OF LAND, UM, THE SAME PARCEL, INCLUDING THE IMPROVEMENTS THERE ON FROM BLUE BARN PROPERTIES LLC, WITH THE INTENTION OF CONVEYING THIS PARCEL TO HRSD, PURSUANT TO THE SEWER TRANSFER AND SERVICE AGREEMENT BETWEEN THE COUNTY AND HRSD.THIS CONCLUDES THE STAFF REPORT.
ANY QUESTIONS, COMMENTS, UH, HEARING NONE OPEN PUBLIC COMMENT PERIOD ON THIS MATTER.
UM, AND NO ONE HAS SIGNED UP AS WELL.
CLOSE THE PUBLIC COMMENT PERIOD.
WHAT'S THE PLEASURE OF THIS BOARD? MR. CHAIRMAN? I, I MOVE THAT WE APPROVED IT TODAY SINCE PARTIALLY LAND, INCLUDING SECOND MOTION.
UH, ALL OPPOSED? MOTION CARRIES.
ON EIGHT SEVEN, CAN I GET A MOTION TO CONTINUE THIS PUBLIC HEARING TILL JANUARY? UH, 21ST? SECOND.
WE HAVE A MOTION PROPERLY SECONDED TO MOVE THIS PUBLIC HEARING TO JANUARY, UH, OUR JANUARY MEETING OF 26TH.
UH, EIGHT EIGHT EXCEPT THE, UH, UH, HAZARDOUS MITIGATION GRANT.
UH, GRANT AWARD FOR ELEVATION OF EIGHT HOMES.
THIS IS A, UH, RELATIVELY SIMPLE MATTER.
LAST, THE BOARD AUTHORIZED THE COUNTY ADMINISTRATOR TO ACCEPT, UH, $1.7 MILLION GRANT TO ELEVATE EIGHT HOUSES IN AKIMA COUNTY FROM FEMA.
UH, BECAUSE THAT $1.7 MILLION GRANT REQUIRES AN ADJUSTMENT TO YOUR BUDGET, THAT IS OVER 1% OF THE TOTAL ADOPTED BUDGET A REQUIRES A PUBLIC HEARING UNDER VIRGINIA CODE, AND THAT IS THE SOLE PURPOSE OF, OF THE HEARING TONIGHT, JUST TO AMEND THE BUDGET.
ANY QUESTIONS OR COMMENTS? AND YOU GOT AN ADDITIONAL HANDOUT THAT WAS, UH, WAS ON, YOU SHOULD HAVE BEEN AT YOUR LOCATION TOO WHEN YOU CAME IN, JUST TO LET YOU KNOW THAT.
SO, UM, IF NO NOTHING THEN OPEN THE PUBLIC COMMENT PERIOD ON THIS HEARING.
I CLOSED THE PUBLIC COMMENT PERIOD.
WHAT'S THE PLEASURE OF THE BOARD, MR. CHAIRMAN? I MOVE.
WE'VE BEEN THE COUNTY BUDGET BY 1,000,006 6,008 AND APPROPRIATE THE SAME TO RECOGNIZE LAST MONTH ACCEPTANCE.
MP GRANT NUMBER FENA DASH 4 5 12 DASH DR.
I HAVE A MOTION PROPERLY SECONDED.
UH, EIGHT NINE PUBLIC HEARING, UH, ON PROPOSED AMENDMENTS TO CHAPTER 18 OF THE MIMA COUNTY CODE ENTITLED BUILDING AND BUILDING REGULATIONS TO ALLOW FOR WAIVERS FOR BUILDING PERMIT FEES AND OTHER COUNTY FEES ASSOCIATED WITH THE CONSTRUCTION OF RENOVATION AND REHAB.
UH, REHABBING OF AFFORDABLE HOUSING.
UH, THANK YOU CHAIRMAN PHILLIPS AGAIN.
MIKE MASON, COUNTY ADMINISTRATOR.
SO, UH, UH, EXECUTIVE SUMMARY OF THE DRAFT ORDINANCE YOU HAVE IN FRONT OF YOU.
UM, THAT DRAFT ORDINANCE PROVIDES THE WAIVER OF BUILDING AND OTHER, UH, BUILDING FEES AND OTHER FEES ASSOCIATED WITH CONSTRUCTION, MAJOR RENOVATION AND MAJOR REHABILITATION OF AFFORDABLE HOUSING.
AND THE ENABLING LEGISLATION FOR THIS ORDINANCE IS CODE GM 15.295 8.4.
UM, IT DOES HAVE A DIRECT TIE IN TO THE STRATEGIC PRIORITIES THE BOARD HAS APPROVED IN THE PAST.
UH, PART OF YOUR STRATEGIC PRIORITIES WERE TO UTILIZE EXISTING STATUTORY AUTHORITY TO INCENTIVIZE AFFORDABLE HOUSING STARTS HERE IN MACK.
THAT IS WHAT THE PURPOSE OF THIS DRAFT ORDINANCE IS.
UM, FOR, FOR PURPOSES OF THIS ORDINANCE, THERE IS A DEFINITION OF AFFORDABLE HOUSING, AND THAT'S HOUSING THAT IS AFFORDABLE TO HOUSE HOUSEHOLDS WITH INCOMES AT OR BELOW THE AREA.
MEDIUM INCOME PROVIDED THAT THE OCCUPANT PAYS NO MORE THAN 30% OF HIS OR HER GROSS INCOME FOR GROSS HOUSING COSTS, INCLUDING UTILITIES.
SO WHEN WE WERE TALKING ABOUT AFFORDABLE HOUSING, THAT IS THE DEFINITION UNDER THIS ORDINANCE.
UM, THERE ARE SOME LIMITATIONS WITH, UH, ASSOCIATED WITH THIS.
NUMBER ONE, IT ONLY ALLOWS FOR FEE WAIVER FOR A 5 0 1 C3 ORGANIZATION WITH A PRIMARY PURPOSE OF ASSISTING, UH, WITH THE PROVISION OF AFFORDABLE HOUSING OR A PRIVATE SECTOR ENTITY THAT IS PURSUING AN AFFORDABLE HOUSING DEVELOPMENT.
UM, ENTITY SEEKING PERMIT RELIEF MUST DEMONSTRATE SUCH RELIEF, WILL FACILITATE CONSTRUCTION RENOVATION, REHABILITATION OF AFFORDABLE HOUSING.
THEY CAN DO THAT EITHER UPFRONT OR AFTER CONSTRUCTION.
BUT THE IMPORTANT PIECE HERE IS THEY MUST DEMONSTRATE, UM, THAT THAT TIE IN, UH, THE REVENUE IMPACT IS SORT OF HARD TO ESTIMATE, BUT WE, WE, WE BELIEVE BASED ON PAST AFFORDABLE HOUSING STARTS THAT IT'S, UH, THE, THE REVENUE LOSS IS GOING TO BE IMMATERIAL HERE.
QUESTIONS OR COMMENTS? IF NOT, I OPEN THE PUBLIC COMMENT PERIOD ALSO ON EIGHT NINE, AND, UH, NO ONE HAS SIGNED UP AS WELL FOR THIS.
PERRY, MR. MR. CHAIR, UH, VICE CHAIR.
[01:25:01]
I MOVE THAT WE APPROVE THE PROPOSAL AMENDMENTS TO CHAPTER 18 OF AKIMA COUNTY CODE DESIGNED TO INCENTIVIZE CREATION OF MORE AFFORDABLE HOUSING IN THE COUNTY.UH, ONLY ONE MORE ITEM ON OUR AGENDA AND THAT IS 14 ONE.
ANYBODY MOVE TO ADJOURN? TO ADJOURN? OH, WE GOTTA FINISH.
WELL, THANK YOU YOU FOR COMING OUT.
YOU, YOU DO NOT HAVE TO STAY FOR OUR LOVELY TRAINING IF YOU DO NOT WISH TO, SO, BUT WE DO HAVE TO COMPLETE THAT.
Y'ALL GOT THROUGH THE LAST THREE EXEMPTIONS TO A GIFT.
WE'LL TALK ABOUT COVER WHAT MOST FILERS ARE TYPICALLY CONCERNED ABOUT MOST.
THE FIRST IS GIFTS WITH A VALUE OF LESS THAN $20.
IF IT IS 1999 OR UNDER, IT IS NOT A GIFT.
YOU DO NOT NEED TO WORRY ABOUT IT OR KEEP TRACK OF SUCH GIFTS.
THE SECOND IS WHAT WE LOVINGLY REFER TO AS THE TOOTHPICK RULE.
THIS IS MODELED AFTER A CONGRESSIONAL RULE AND EXEMPTS ATTENDANCE AT A RECEPTION WHERE FOOD SUCH AS HORS D'OEUVRES AND BEVERAGES THAT CAN BE CONVENIENTLY CONSUMED WHILE STANDING OR WALKING OR OFFERED.
THIS IS FOR STANDUP PERCEPTIONS FOR LIGHT.
LIGHT SNACKS OR FINGER FOODS ARE SERVED.
LAST BUT NOT LEAST, GIFTS FROM RELATIVES AND PERSONAL FRIENDS ARE EXEMPTED.
A LIST OF RELATIVES IS, IS INCLUDED IN THIS EXEMPTION, BUT IN THIS CASE, THE LAW DOES NOT GIVE YOU ANY GUIDANCE AS TO WHO IS A PERSONAL FRIEND.
YOU JUST HAVE TO FEEL IT IN YOUR HEART.
IN THE CASE OF THE DEFINITION OF A GIFT, A PERSONAL FRIEND CAN NEVER, EVER, FOR ANY REASON BE A LOBBYIST, LOBBYIST, PRINCIPAL, OR CONTRACTOR.
IT DOES NOT MATTER IF YOU'VE BEEN BEST FRIENDS WITH A LOBBYIST SINCE KINDERGARTEN AND YOU CELEBRATE ALL MAJOR EVENTS TOGETHER.
YOU CANNOT SAY A GIFT FROM THAT PERSON IS EXEMPTED FROM THE DEFINITION OF A GIFT.
USING THIS EXEMPTION, IF YOU DETERMINE THAT SOMETHING YOU RECEIVE IS EXEMPTED FROM THE DEFINITION OF A GIFT, THAT ITEM DOES NOT COUNT TOWARDS THE GIFT CAP, AND YOU DO NOT HAVE TO REPORT IT AS A GIFT ON YOUR SOEI.
HOWEVER, PLEASE REMEMBER THAT TRAVEL THAT IS NOT A GIFT MAY STILL NEED TO BE REPORTED ON SCHEDULE F OF YOUR SOEI.
THE SECOND QUESTION WE NEED TO ASK IS, DOES A GIFT COUNT TOWARDS THE GIFT CAP? THE GIFT CAP APPLIES TO SOEI FILERS AND THEIR IMMEDIATE FAMILY MEMBERS.
YOU AND MEMBERS OF YOUR IMMEDIATE FAMILY MAY NOT ACCEPT MORE THAN $100 WORTH OF GIFTS PER YEAR FROM LOBBYISTS, LOBBYIST PRINCIPLES AND CONTRACTORS.
THE CAP IS PER DONOR, PER RECIPIENT, SO YOU CAN ACCEPT A HUNDRED DOLLARS WORTH OF GIFTS FROM LOBBYIST A AND YOUR SPOUSE CAN ACCEPT $100 WORTH OF GIFTS FROM LOBBYIST A.
YOU CAN ACCEPT A $100 WORTH OF GIFTS FROM LOBBYIST B AND YOUR SPOUSE CAN ACCEPT $100 WORTH OF GIFTS FROM LOBBYIST B AND SO ON AND SO FORTH.
ANOTHER NOTE HERE FOR JUDGES AND JUDGES ONLY, THE GIFT CAP DOES NOT APPLY TO YOU.
THIS MEANS THAT YOU DO NOT NEED TO WORRY ABOUT THE VALUE OF GIFTS THAT YOU RECEIVE.
HOWEVER, IT IS IMPORTANT THAT YOU KEEP TRACK OF THE GIFTS YOU RECEIVE AND THEIR VALUES BECAUSE YOU ARE STILL REQUIRED TO REPORT GIFTS YOU RECEIVE.
PLEASE NOTE THAT YOU'RE STILL REQUIRED TO FOLLOW AND COMPLY WITH THE CANNONS OF JUDICIAL CONDUCT.
THERE ARE SEVERAL EXEMPTIONS TO THE GIFT CAP.
THE FIRST IS THE PERSONAL FRIEND EXEMPTION.
AS WE DISCUSSED EARLIER, LOBBYISTS, LOBBYISTS, PRINCIPLES AND CONTRACTORS CAN NEVER BE YOUR PERSONAL FRIEND FOR THE PURPOSES OF EXEMPTIONS TO THE DEFINITION OF A GIFT.
HOWEVER, THEY CAN BE YOUR PERSONAL FRIEND FOR THE PURPOSES OF THE GIFT CAP.
THIS IS AN EXAMPLE OF WHY YOU HAVE TO ANSWER THE THREE QUESTIONS SEPARATELY.
IN THIS INSTANCE, THE LAW DOES GIVE US PARAMETERS TO DETERMINE IF A GIFT WAS GIVEN IN THE NATURE OF A PERSONAL FRIENDSHIP.
THIS INCLUDES THE REASON FOR THE GIFT BEING OFFERED, THE HISTORY AND NATURE OF YOUR RELATIONSHIP WITH THE DONOR, WHETHER OR NOT THE DONOR PAID FOR THE GIFT THEMSELVES OR GOT REIMBURSED FOR THE EXPENSE, AND IF THE DONOR GAVE THE SAME OR SIMILAR GIFTS TO OTHER FILERS.
FOR EXAMPLE, LET'S SAY YOU HAVE A FRIEND THAT IS A REGISTERED LOBBYIST AND YOU HAVE BEEN FRIENDS FOR MANY YEARS.
YOUR FRIEND COMES TO YOUR HOUSE FOR YOUR BIRTHDAY AND GIVES YOU A $500 SET OF GOLF CLUBS THAT HE PAID FOR OUT OF HIS OWN POCKET.
HE'S NOT GOING TO GET REIMBURSED
[01:30:01]
FROM HIS CLIENT FOR THE GIFT.THAT IS A GIFT GIVEN IN THE NATURE OF A PERSONAL FRIENDSHIP, AND IT'S OKAY THAT THE GOLF CLUBS COST MORE THAN $500 BECAUSE THEIR VALUE IS EXEMPTED FROM THE GIFT CAP.
LET'S SAY THE SAME FRIEND COMES TO YOUR OFFICE AND GIVES OUT GIFT BASKETS TO YOU AND ALL DEPARTMENT HEADS IN YOUR AGENCY.
YOUR FRIEND THEN SUBMITS AN EXPENSE REPORT TO HIS CLIENT AND IS REIMBURSED FOR THE COST OF THE GIFT BASKETS.
THAT GIFT WAS NOT GIVEN IN THE NATURE OF A PERSONAL FRIENDSHIP, AND THE VALUE OF THE GIFT BASKET DOES COUNT TOWARDS THE $100 GIFT CAP.
THE NEXT EXEMPTION TO THE GIFT CAP IS FOR WIDELY ATTENDED EVENTS TO BE A WIDELY ATTENDED EVENT, AN EVENT MUST MEET TWO QUALIFICATIONS.
IF BOTH QUALIFICATIONS ARE NOT SATISFIED, THE EVENT DOES NOT QUALIFY AS A WIDELY ATTENDED EVENT.
FIRST, THE EVENT MUST HAVE AT LEAST 25 PEOPLE INVITED OR EXPECTED TO ATTEND.
SECOND, THE EVENT MUST BE OPEN TO INDIVIDUALS WHO FALL INTO ONE OF THREE CATEGORIES.
THIS INCLUDES MEMBERS OF A PUBLIC, CIVIC, CHARITABLE, OR PROFESSIONAL ORGANIZATION, PEOPLE WHO ARE FROM A PARTICULAR INDUSTRY OR PROFESSION OR INDIVIDUALS WHO ARE REPRESENTING OTHERS INTERESTED IN A PARTICULAR ISSUE.
SOME EXAMPLES OF A WIDELY ATTENDED EVENT WOULD BE A ROTARY CLUB MEETING OR A CONFERENCE HOSTED BY A PROFESSIONAL ORGANIZATION.
PLEASE NOTE THAT THE WIDELY ATTENDED EVENT EXEMPTION APPLIES ONLY TO FOOD, BEVERAGES AND THE COST OF ADMISSION OR REGISTRATION FEES.
IT DOES NOT APPLY TO TRAVEL OR LODGING COSTS.
THIS MEANS THAT IF A LOBBYIST, LOBBYIST'S, PRINCIPAL OR CONTRACTOR PAYS FOR YOU TO GO TO A CONFERENCE OR OUT OF TOWN MEETING, YOU CANNOT USE THIS EXEMPTION FOR THE TRAVEL AND OR LODGING THAT THEY PAY FOR.
IF YOU RECEIVE A TRAVEL WAIVER FROM THE COUNCIL FOR A TRIP, THE COST OF YOUR TRIP IS EXEMPTED FROM THE GIFT CAP.
WE WILL DISCUSS TRAVEL WAIVERS MORE IN DEPTH LATER ON IN THE TRAINING.
THE LAST EXEMPTION TO THE GIFT CAP IS A GIFT RECEIVED FROM A FOREIGN DIGNITARY.
IF YOU RECEIVE A GIFT FROM A FOREIGN DIGNITARY ON BEHALF OF THE COMMONWEALTH OR A LOCALITY AND YOU ARCHIVE THAT GIFT WITH THE LIBRARY OF VIRGINIA, THE GIFT IS EXEMPTED FROM THE GIFT CAP.
YOU ARE ALSO NOT REQUIRED TO LIST THE VALUE OF THE GIFT WHEN YOU REPORT IT ON YOUR SOEI DO.
IT IS IMPORTANT TO NOTE WHEN DISCUSSING GIFT CAP EXEMPTIONS THAT AN EXEMPTION FROM THE GIFT IS NOT AN EXEMPTION FROM YOUR REQUIREMENT TO REPORT A GIFT.
THIS INCLUDES ALL SOEI FILERS, INCLUDING JUDGES.
WE SEE FILERS GET CONFUSED ALL THE TIME BECAUSE THEY TRY TO ANSWER, DOES IT COUNT TOWARDS THE CAP AND DO I, DO I HAVE TO REPORT IT AT THE SAME TIME? AND THEY ALMOST ALWAYS COME UP WITH THE INCORRECT ANSWER.
JUST BECAUSE THE GIFT CAP DOES NOT APPLY TO A GIFT YOU RECEIVE, THAT DOES NOT MEAN THAT YOU DO NOT HAVE TO REPORT THE GIFT.
THIS INCLUDES WIDELY ATTENDED EVENTS TRIPS.
YOU RECEIVE A TRAVEL WAIVER FOR GIFTS FROM FOREIGN DIGNITARIES AND GIFTS FROM PERSONAL FRIENDS.
FOR EXAMPLE, REMEMBER THE $500 SET OF GOLF CLUBS YOUR LOBBYIST FRIEND GAVE YOU FOR YOUR BIRTHDAY? YOU ARE REQUIRED TO REPORT THAT GIFT ON SCHEDULE G OF YOUR SOEI.
THIS BRINGS US TO THE LAST QUESTION ABOUT GIFTS.
ARE YOU REQUIRED TO REPORT IT ON YOUR SOEI? YOU ARE REQUIRED TO DISCLOSE GIFTS THAT YOU AND MEMBERS OF YOUR IMMEDIATE FAMILY RECEIVE FROM A LOBBYIST, LOBBYIST PRINCIPLE OR CONTRACTOR WITH A TOTAL AGGREGATE VALUE OVER $50.
AS AN EXAMPLE, IF YOU GO TO TWO $22 LUNCHES WITH A LOBBYIST AND YOU DON'T ACCEPT ANY OTHER GIFTS FROM THAT LOBBYIST FOR THE REST OF THE YEAR, YOU ARE NOT REQUIRED TO DISCLOSE EITHER LUNCH.
THIS IS BECAUSE 22 PLUS 22 IS LESS THAN 50 AND YOU ARE ONLY REQUIRED TO DISCLOSE GIFTS FROM A DONOR ONCE THE AGGREGATE VALUE IS MORE THAN $50.
IF YOU WENT TO A THIRD $22 LUNCH WITH THAT LOBBYIST, YOU ARE NOW REQUIRED TO DISCLOSE ALL THREE LUNCHES ON YOUR SOEI BECAUSE YOU HAVE ACCEPTED $66 WORTH OF GIFTS FROM THAT LOBBYIST, WHICH IS MORE THAN 50.
SOME OF THE PROHIBITIONS OF VIRGINIA CODE SECTION 2.2 DASH 31 0 3 INCLUDE THE FOLLOWING.
YOU ARE NOT ALLOWED TO ACCEPT MONEY, A JOB OFFER, OR ANY OTHER INDUCEMENT TO ACT IN SOMEONE'S FAVOR.
YOU ARE NOT PERMITTED TO USE YOUR POSITION AS A STATE OFFICER OR OR EMPLOYEE TO HELP SOMEONE GET A JOB OR A CONTRACT WITH A VIRGINIA GOVERNMENT AGENCY AND YOU ARE NOT PERMITTED TO USE CONFIDENTIAL INFORMATION THAT YOU HAVE ACCESS TO DUE TO YOUR PUBLIC POSITION TO IMPROVE YOUR
[01:35:01]
OWN OR SOMEONE ELSE'S FINANCIAL SITUATION.ALL RIGHT, DOES ANYONE ANSWER IT? 2002.
AS PROMISED, WE WILL NOW DISCUSS TRAVEL WAIVERS AND REPORTING TRAVEL.
TRAVEL WAIVERS ARE REQUIRED WHEN YOU TAKE A TRIP VALUED OVER $100 AND YOUR TRIP IS PAID FOR BY A LOBBYIST, LOBBYIST, PRINCIPAL, OR CONTRACTOR.
TRAVEL WAIVERS ARE NEVER NEEDED FOR TRIPS PAID FOR BY ANY GOVERNMENT ENTITY OR FOR TRIPS PAID FOR BY ANY ENTITY THAT IS NOT A LOBBYIST.
WE'RE JUST LOBBYIST, PRINCIPAL OR CONTRACTOR.
IF YOU NEED A TRAVEL WAIVER, YOU CAN REQUEST ONE USING THE FORM AVAILABLE ON THE COUNCIL'S WEBSITE.
WHEN YOU SUBMIT A TRAVEL WAIVER, THE COUNCIL HAS FIVE BUSINESS DAYS TO RESPOND TO YOUR REQUEST.
IF WE REQUIRE ADDITIONAL INFORMATION.
WE HAVE FIVE BUSINESS DAYS AFTER YOU RESPOND WITH THE REQUESTED INFORMATION.
IF WE DO NOT RESPOND WITHIN THE FIVE BUSINESS DAY WINDOW, YOUR REQUEST IS ASSUMED TO BE APPROVED.
REPORTING TRAVEL ON YOUR ANNUAL SOEI, YOU ARE REQUIRED TO DISCLOSE TRIPS THAT YOU TAKE IN YOUR OFFICIAL CAPACITY ON SCHEDULE F OF YOUR SOEI.
THE GENERAL RULE FOR SCHEDULE F IS THAT YOU ARE REQUIRED TO DISCLOSE ALL TRIPS TAKEN IN YOUR OFFICIAL CAPACITY THAT WERE NOT PAID FOR BY VIRGINIA GOVERNMENTAL ENTITY.
THE ONLY TRIPS YOU DO NOT DISCLOSE ARE THOSE PAID FOR BY THE COMMONWEALTH, A VIRGINIA STATE AGENCY OR A VIRGINIA LOCALITY.
IT DOES NOT MATTER IF THE TRIP WERE A GIFT OR NOT, WHETHER IT COUNTS TOWARDS THE GIFT CAP OR WHETHER A LOBBYIST, LOBBYIST, PRINCIPAL, OR CONTRACTOR PAID FOR IT.
THIS MEANS THAT TRIPS PAID FOR BY THE FEDERAL GOVERNMENT.
OTHER STATES, NONPROFITS, AND ENTITIES THAT ARE NOT REGISTERED LOBBYIST PRINCIPLES OR CONTRACTORS ARE REQUIRED TO BE DISCLOSED ON SCHEDULE F.
YOU ARE REQUIRED TO FILE AN ANNUAL STATEMENT OF ECONOMIC INTERESTS PER THE REQUIREMENTS OF EITHER VIRGINIA CODE SECTION 2.2 DASH 31 14, OR THE GOVERNOR'S EXECUTIVE ORDER NUMBER EIGHT.
YOUR SOEI IS DUE EVERY YEAR ON FEBRUARY 1ST.
THAT DEADLINE IS MOVED TO THE NEXT BUSINESS DAY.
IF FEBRUARY ONE FALLS ON A WEEKEND OR A STATE HOLIDAY, YOU ARE REQUIRED TO COMPLETE AND SUBMIT YOUR FORM ELECTRONICALLY USING THE COUNSEL'S ONLINE FILING SYSTEM.
YOUR AGENCY COORDINATOR USES OUR ONLINE FILING SYSTEM TO ENTER YOUR NAME AND EMAIL ADDRESS AND ISSUE YOUR FORM INTO YOUR ACCOUNT.
YOUR AGENCY COORDINATOR ALSO USES THE ONLINE FILING SYSTEM TO SEND REMINDER EMAILS THROUGHOUT THE FILING PERIOD.
YOUR SOEI IS DUE EVERY YEAR ON FEBRUARY 1ST.
THAT DEADLINE IS MOVED TO THE NEXT BUSINESS DAY.
IF FEBRUARY ONE FALLS ON A WEEKEND OR ESTATE HOLIDAY, YOU ARE REQUIRED TO COMPLETE AND SUBMIT YOUR FORM ELECTRONICALLY USING THE COUNSEL'S ONLINE FILING SYSTEM.
YOUR AGENCY COORDINATOR USES OUR ONLINE FILING SYSTEM TO ENTER YOUR NAME.
WHEN FILLING OUT YOUR SOEI, PLEASE PAY CAREFUL ATTENTION TO THE INSTRUCTIONS AND QUESTIONS ON EACH SCHEDULE.
THE INSTRUCTIONS AND QUESTIONS FOR SCHEDULES A THROUGH E ARE ALL STRUCTURED IN THE PRESENT TENSE BECAUSE THESE SCHEDULES ARE ASKING YOU FOR INFORMATION THAT IS CURRENT AS OF WHEN YOU COMPLETE THE FORM, THE INSTRUCTIONS AND QUESTIONS FOR SCHEDULES F THROUGH I ALL CONTAIN THE PHRASE DURING THE PRIOR CALENDAR YEAR.
BECAUSE THESE SCHEDULES ARE ASKING YOU FOR INFORMATION ABOUT THE IMMEDIATELY PREVIOUS CALENDAR YEAR OF JANUARY ONE THROUGH DECEMBER 31.
THIS IS WHY YOU CANNOT FILE YOUR FORM PRIOR TO JANUARY ONE.
YOU CANNOT LEGALLY DISCLOSE INFORMATION THROUGH DECEMBER 31ST UNTIL DECEMBER 31ST HAS PASSED.
IF YOU DO NOT PROPERLY FILE YOUR SOEI BY THE STATUTORY DEADLINE, THERE'S A $250 FINE FOR FILING LATE.
THE COUNSEL IS REQUIRED BY LAW TO SEND A LIST OF LATE SOEI FILERS TO THE OFFICE OF THE ATTORNEY GENERAL.
THE OFFICE OF THE ATTORNEY GENERAL IS THEN REQUIRED BY LAW TO ASSESS AND COLLECT THE LATE FILING.
FINE FINES ARE NOT APPLIED TO A LATE FILING.
IF YOU RECEIVE A DEADLINE EXTENSION DEADLINE EXTENSIONS ARE ISSUED BY THE COUNCIL ONLY DEADLINE.
EXTENSION REQUESTS MUST BE SUBMITTED USING THE APPROPRIATE
[01:40:01]
FORM AVAILABLE ON THE COUNCIL'S WEBSITE.DEADLINE EXTENSION REQUESTS ARE GRANTED IN A LIMITED NUMBER OF CIRCUMSTANCES.
THESE INCLUDE THE DEATH OF A RELATIVE, A STATE OF EMERGENCY DECLARED BY THE GOVERNOR OR THE PRESIDENT, AND IF YOU ARE ON ACTIVE MILITARY DUTY AT THE TIME OF THE DEADLINE DEADLINE.
EXTENSIONS ARE ALSO GIVEN IF THERE'S A FAILURE OF THE COUNCIL'S ELECTRONIC FILING SYSTEM.
THIS MEANS THAT THERE'S A PROBLEM WITH THE COUNCIL'S SERVER, NOT THAT YOUR INTERNET WENT OUT AT 10:00 PM ON FEBRUARY 1ST.
LASTLY, DEADLINE EXTENSIONS ARE GRANTED FOR GOOD CAUSE SHOWN.
SOME EXAMPLES OF GOOD CAUSE INCLUDE FAMILY MEDICAL LEAVE, SHORT-TERM DISABILITY LEAVE, OR AN UNFORTUNATE MEDICAL EMERGENCY THAT REQUIRES HOSPITALIZATION.
GOOD CAUSE DOES NOT INCLUDE FAILURE TO REMEMBER THE DEADLINE, A FULL DAY OF MEETINGS ON THE DEADLINE DAY OR VACATION TO NAME A FEW.
LASTLY, LET'S DISCUSS SOME FREQUENTLY ASKED QUESTIONS.
ARE YOUR FORMS AVAILABLE TO THE PUBLIC? YES.
THE COUNCIL IS STATUTORILY REQUIRED TO MAINTAIN AN ONLINE SEARCHABLE DATABASE FOR ALL ELECTRONIC FILINGS.
THE DATABASE IS AVAILABLE ON OUR WEBSITE.
WILL WE CONTACT YOU IF THERE'S A FOIA REQUEST FOR YOUR FORMS? THERE IS NO REQUIREMENT FOR YOU TO BE INFORMED OF A FOIA REQUEST FOR YOUR FORMS. ADDITIONALLY, WE HAVE NO WAY TO KNOW WHO IS ACCESSING OUR ONLINE DATABASE AT ANY GIVEN TIME.
WILL YOUR PHONE NUMBER BE PUBLICLY AVAILABLE? NO.
WE REDACT YOUR PERSONAL PHONE NUMBER AS WELL AS YOUR EMAIL ADDRESS FROM YOUR FORM BEFORE MAKING A PUBLICLY AVAILABLE IS MY ADDRESS PUBLICLY AVAILABLE? RESIDENTIAL ADDRESSES ARE REDACTED FROM THE FORMS PRIOR TO BE BEING MADE PUBLICLY AVAILABLE.
PLEASE NOTE THAT THE ONLY PORTION OF THE FORM THAT REQUESTS A STREET ADDRESS IS THE FIRST PAGE WHERE YOU ALSO ENTER YOUR NAME.
NOWHERE ELSE ON THE FORM IS A STREET ADDRESS REQUESTED.
PLEASE READ THE INSTRUCTIONS AND QUESTIONS CAREFULLY AND PAY CLOSE ATTENTION TO THE COLUMN LABELS IN EACH SCHEDULE TO DETERMINE WHAT YOU ARE REQUIRED TO DISCLOSE.
I'LL ALSO NOTE HERE THAT WE DO NOT REDACT THE NAMES OF ANY OF YOUR IMMEDIATE FAMILY MEMBERS.
PLEASE NOTE THE INSTRUCTIONS ON THE VERY FIRST PAGE WHEN YOU ACCESS YOUR FORM.
THESE INSTRUCTIONS TELL YOU HOW YOU ARE PERMITTED TO DISCLOSE THE NAMES OF IMMEDIATE FAMILY MEMBERS WHO ARE MINOR CHILDREN.
WHEN DO YOU START FILING SOIS? IF YOU START A POSITION THAT MAKES YOU A FIRST TIME SOEI FILER, YOU ARE REQUIRED TO FILE YOUR FIRST SOEI PRIOR OR BY THE END OF YOUR FIRST DAY IN YOUR OFFICE OR POSITION.
AFTER THAT, YOU'LL FILE EVERY JANUARY ON THE REGULAR FILING DEADLINE.
IF YOU START A NEW POSITION THAT MAKES YOU A FIRST STEP, SOEI FILER IN JANUARY, YOU HAVE UNTIL FEBRUARY.
THIS IS IF AND ONLY IF YOUR FIRST DAY IS IN JANUARY.
WHEN ARE YOU REQUIRED TO TAKE TRAINING? IF YOU START A NEW POSITION THAT MAKES YOU A FIRST TIME SOEI FILER, YOU HAVE TWO MONTHS FROM YOUR FIRST DAY IN YOUR OFFICE OR POSITION TO COMPLETE TRAINING.
AFTER THAT, YOU ARE REQUIRED TO TAKE THE TRAINING AT LEAST ONCE EVERY TWO YEARS.
WE HAVE NOW REACHED THE END OF THIS TRAINING MODULE.
LET'S WRAP UP BY REVIEWING A FEW KEY POINTS.
FIRST, THE ETHICS COUNCIL IS HERE TO HELP YOU COMPLY WITH THE STATE AND LOCAL GOVERNMENT CONFLICTS OF INTEREST ACT.
IF YOU HAVE QUESTIONS, PLEASE CALL US.
SECOND, REMEMBER THAT YOU HAVE TO THINK ABOUT PERSONAL INTERESTS YEAR ROUND.
CONTACT OUR OFFICE IF YOU HAVE A QUESTION ABOUT A PERSONAL INTEREST IN A CONTRACT OR TRANSACTION.
THIRD, REMEMBER THAT AN EXEMPTION TO THE GIFT CAP IS NOT AN EXEMPTION FOR YOUR REQUIREMENT TO REPORT A GIFT.
LAST, REMEMBER THAT TRAVEL WAIVERS ARE ONLY REQUIRED FOR TRIPS PAID FOR BY LOBBYISTS, LOBBYISTS, PRINCIPLES, AND CONTRACTORS.
IF YOU HAVE QUESTIONS ABOUT PROHIBITED CONDUCT, PERSONAL INTERESTS, COMPLETING YOUR SOEI OR NAVIGATING OUR ONLINE FILING SYSTEM, PLEASE CONTACT THE COUNSEL USING THE CONTACT INFORMATION DISPLAYED ON THIS SCREEN.
YOU MAY ALSO WANT TO CHECK OUT OUR WEBSITE, WHICH HAS STAFF CONTACT INFORMATION AS WELL AS A GUIDE TO COMPLETING YOUR S-O-E-I-A GUIDE TO USING THE ONLINE FILING SYSTEM AND SOME FAQS REGARDING YOUR SOEI.
THIS NOW CONCLUDES THE CONFLICT OF INTEREST TRAINING MODULE FOR STATE SOEI.
CAN CAN YOU HIT RESTART THERE FOR ME FROM TODAY TO COMPLETE TRAINING AGAIN?
[01:45:01]
PERFECT.NOW I WILL ENTERTAIN 14 ONE MOTION ADJOURNED
SECOND, UH, WE HAVE A MOTION ON THE FLOOR TO ADJOURN PROPERLY.