| More winter ahead? |
The afternoon session of the Goochland Board of Supervisors’
February 3 meeting found three supervisors physically present. Neil Spoonhower
District 2 was absent for a work commitment, but attended the evening session,
and Charlie Vaughters, District 4, took time from “professional responsibilities”
to attend virtually.
County Administrator Dr. Jeremy Raley, Ed.D. began his
remarks by sharing a “debt of gratitude and appreciation for the amazing work
of my teammates” for dealing with the dreadful weather conditions that have
Goochland under siege. He commended the entire staff, regardless of role, for exceptional
teamwork. He cited fire-rescue, the Sheriff’s Office, and animal protection for
serving bravely and admirably under challenging conditions.
He cited Emergency Management Coordinator Robin Hillman and Maj.
Mike East of the Sheriff’s Office for opening the Emergency Operations Center
(EOC) and staffing it around the clock. Dispatch, the county nerve center for
emergency response, handled many calls and deployed fire-rescue units and
personnel to two structure fires.
Jessica Kronberg, Director of Strategic Communications, and
Paul Drumwright, Community Affairs Manager, kept citizens informed.
The Department of Social Servies opened a warming shelter
and was ready to staff it. Animal protection officers provided water for
livestock owners with frozen water sources. Deputies responded to motorists and
others in need of assistance.
Raley commended the public utilities staff for responding to
a water main break in Lower Tuckahoe in 14-degree weather. They waded into mud
to restore service to affected homes before nightfall. During the water main
break, Kronberg and Hillman worked with Raley using the new Everbridge
emergency communications system to communicate with impacted citizens and even
“geofence” specific homes to keep them informed of progress in restoration of
their water service.
Consent agenda
Board meetings typically include a consent agenda of “housekeeping”
matters that need formal board approval. The February 3 consent agenda included
confirmation and termination of the state of emergency declared before the storm
and after the last board meeting; change of the date of a joint capital improvement
workshop with the school board; and several amendments to the county budget.
Typically, there is brief explanation of items on the consent
agenda, after which a bulk vote is taken. A board member will sometimes request
an item be removed from the consent agenda for a detailed discussion and separate
vote.
One item, a $250,000 supplemental budget appropriation to
the “outside counsel” line in the County Attorney’s budget, was pulled out for
discussion and a separate vote. The amendment would provide funding for the
defense of the county, board of supervisors, and the planning commission in
litigation regarding the Technology Overlay District, which was filed and
served in December. It is believed that TOD opponents who filed the lawsuit are
raising at least $200k for legal fees to bring their suit.
During citizen comment, two residents contended that inclusion
of the outside counsel funding in the consent agenda was intended to hide the appropriation
from public scrutiny. The expenditure, they said, was a waste of taxpayer
dollars because the county has its own attorney to handle litigation and seemed
to imply that county attorney and her staff sit around twiddling their thumbs
waiting for lawsuits to come in the door.
One speaker also raised suspicions that, because he saw
surveyors on land in the TOD, some sort of development is underway there. He
needs to keep an eye on the county geographic information system (GIS) ( “parcel viewer” tab on the county website https://www.goochlandva.us/) that lists
all permits issued on parcels, including things like land disturbance and plan
of development, which must be completed
before any building can take place.
Jonathan Lyle, District 5, asked that the outside counsel
appropriation item be removed from the consent agenda for discussion and action
by the board.
County Attorney Tara McGee explained that the role of her
office is to provide legal advice to the supervisors, county administration, employees,
and departments. Many people, she said, do not understand that operations of a locality
like Goochland are governed by many state and federal laws.
For instance, she said, everything that purchasing does “has
to be pursuant to very detailed state laws.” Human resources must comply with
many federal laws, which adds another layer of process.
“The Freedom of Information Act, a creature of state law,
which governs not only how we get together here and notice and invite the public
but also requires response to a growing number of requests for documents that
your government does business through,” McGee said.
The county attorney provides legal advice with respect to
land use, the topic of many public hearings, which is also entirely a state law
process.
All proffers and conditions imposed in a rezoning case are
subject to legal review to ensure that they are legal and enforceable. After rezoning
is approved, said McGee, when a case is going through development, agreements
for roads, environmental, storm water, bonds and other sureties are all
reviewed by her office.
“By state law, every
contract, every MOU entered by this county has to be reviewed and approved as
to form by the county attorney’s office. That takes up a lot of time,” she
said.
The county attorney also writes ordinances, which are laws,
and reviews every board agenda item for legality and proper procedure. McGee
said that the agenda for that day’s meeting involved a great deal of work by
her office.
Goochland County, explained McGee, is also involved in
litigation in different ways. Violations of land use conditions, proffers,
building and fire codes are all enforced by her office.
The county attorney’s office is involved in all defensive
litigation against the county or its employees. McGee compared this to someone
involved in an auto accident who has insurance. “When they’re defending you, since
they’re going to pay the claim, they provide your counsel.”
Goochland, she said, has insurance coverage, whose standard
terms for localities in Virginia includes coverage for attorneys who defend
against land use litigation claims made against the county. McGee said that
Goochland is taking advantage of that coverage because, given its routine
workload, her office does not have staffing to support the operations needed
for defensive litigation, which involves many hours in a tight time frame not
established by clients.
Her office has, however, pulled together the substantial
legislative record of the TOD with the assistance of all the departments engaged
in it, indexed, and found the records. “It’s been a huge undertaking and that’s
how we are supporting the litigation.”
Her office has
meetings on the facts, with which they are intimately familiar to develop strategy
with outside counsel “not just because litigation is best done in a strategic
manner, but to make sure that the vison of Goochland as a client is heard.”
McGee’s office also provides oversight and liaison between
county employees who have the facts and outside counsel.
Files of previous county attorneys, said McGee, indicate
that use of outside counsel is a long-standing policy, consistent with localities
of Goochland’s size.
She said the request is to deal with an unforeseen expense.
Tom Winfree, District 3, said that the role of county
attorney is analogous to that of a general practitioner physician, to keep
track of routine matters. Retention of
outside counsel in extraordinary situations is like referral to a specialist.
Lyle thanked McGee for her explanation and hoped that the
entire sum after insurance would not be used. “We have a board action that’s
being challenged, and this is how the system works. As a litigant, we need to
mount a robust detailing of our side of the story.”