2023-05-25 Minutes
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DRAFT
BOARD OF SUPERVISORS
MINUTES
May 25, 2023
Supervisors in Attendance:
Mr. Kevin P. Carroll, Chair
Mr. James A. Ingle, Jr., Vice Chair
Mr. Christopher M. Winslow
Mr. James M. Holland
Dr. Mark S. Miller
Dr. Joseph P. Casey
County Administrator
Mr. Carroll called the meeting to order at 2:00 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. Ingle, seconded by Mr. Winslow, the Board
approved the minutes of April 26, 2023, as submitted.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no requests to postpone agenda items and additions,
deletions or changes in the order of presentation.
3. WORK SESSIONS
3.A. EVERYDAY EXCELLENCE
Sheriff Karl Leonard recognized Court Docket Information
Volunteer, Ms. Joanne Hodgson, who has been volunteering with
the Sheriff’s Office since July 2019. He stated she helps
citizens by answering questions regarding services and
providing guidance to citizens at the docket board as to the
location of the courtroom for their case. He further stated
her assistance frees up sworn staff so that they can focus on
courthouse operations. He noted she provides excellent
customer service and direction, despite the high volume of
citizens seeking their help.
3.B. SHERIFF’S OFFICE UPDATE
Sheriff Leonard provided an update to the Board relative to
his department’s accomplishments, operations and planned
initiatives. He stated their mission is to enhance public
safety by providing a safe court environment, service of legal
documents and comprehensive care of offenders charged to their
care, through professional and unbiased performance. He then
reviewed the operations of various sections of the Sheriff’s
Office which include corrections, courts, civil process, and
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community. He stated committals are back on the rise; however,
this does not include individuals who are processed and
released through the Magistrate’s Office. He noted releases
create a workload for booking staff if processing, searching
and completing legal paperwork associate with those releases.
He stated although jail committals are increasing, the jail
average daily population is declining due to an increase in
unsecured bonds, the implementation of the Public Defenders
Office, criminal justice reform and more. He then reviewed
several programs that continue to evolve including HARP, SMART
and RECON. He then highlighted various community programs and
additional duties of the Sherriff. In closing, he provided an
update relative to burgeoning challenges and issues of
significant concern.
Discussion ensued relative to Sheriff’s Offices’ statistics,
recruitment, and accolades; Riverside Regional Jail; and
various other issues.
3.C. COMMUNITY ENHANCEMENT UPDATE
Mr. Dan Cohen, Director of Community Enhancement, provided an
annual update to the Board, specifically the wide range of
responsibilities and activities of the Community Enhancement
department relative to code enforcement, community engagement,
community cleanups, federal funded programs and projects, and
blighted properties. He stated the mission of the department
is to improve the value, quality and attractiveness of
Chesterfield County. He further stated the department supports
neighborhoods and corridors by offering resources and services
Regarding anti-litter initiatives like Keep Chesterfield
Beautiful; code enforcement such as business licenses, property
maintenance and vehicle registration; federally funded grant
programs including Community Development Block Grant, Home
Investment Partnerships, and lead-based hazard and control;
real estate and housing development, revitalization and housing
resources and employee support. In closing, he provided details
relative to recent projects which include Mayfair Estates
community cleanup and the adaptive reuse of the Old Matoaca
Elementary School.
Discussion and questions ensued relative to the presentation.
3.D. VDOT RESIDENT ENGINEER UPDATE
Virginia Department of Transportation Engineer, Ms. Rebecca
Worley, provided an update to the Board on seasonal operations.
She covered the following topics: inventory of assets and
resources, residency maintenance services, VDOT paving program
and residency engineering services. She stated VDOT maintains
over 4,400 lane miles in the county, as well as maintains 385
structures and bridges. She noted the county has the 2nd largest
road network in Virginia. She highlighted information relative
to maintenance services, drainage improvements, mowing
practices, street sweeping practices, state force
construction, the 2023 paving program, pavement management
targets, and the 2023 resurfacing schedule. Regarding
emergency operations, she stated incident management is in
coordination with locality emergency personnel and provides
traffic control for detours/lane closures related to
incidents. In closing, she reviewed various VDOT resources.
Discussion and questions ensued relative to the presentation.
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3.E. FINANCE UPDATE
Mr. Matt Harris, Deputy County Administrator for Finance and
Administration, provided an update relative to a range of
finance topics that are on the May agenda and/or are being
teed up for action in June. Specifically, the session will
focus on the approval of the bond resolution that will allow
for the sale of the first 2022 referendum bonds and the
background for two June public hearings (one on the ARPA
program and one covering year-end budget amendments) that are
being set for advertisement as part of the consent agenda, as
well as available updates on the state budget, the rating of
the aforementioned bonds, and a demonstration of the County's
redesigned Capital Projects tool.
Discussion and questions ensued relative to the presentation.
3.F. FIRST TEE UPDATE
Mr. Brent Schneider, Chief Executive Officer of First Tee Board
of Directors, provided the Board with an update on
accomplishments, operations and planned initiatives. He stated
First Tee – Greater Richmond’s mission is to impact the lives
of young people by providing educational programs that build
character, instill life-enhancing values, and promote healthy
choices through golf. He further stated their focus falls into
four areas which include thriving youth participants;
impactful golf operations; sustainable organization; and
empowered partners and volunteers. He noted every dollar spent
at a First Tee – Greater Richmond facility goes directly back
into impacting facility patrons and program participants. He
then highlighted youth and community impact, the history of
Tattersall and the future of Tattersall.
3.G. CONSENT AGENDA HIGHLIGHTS
Mr. Matt Harris updated the Board on public hearings being
proposed this evening which include the consideration of the
FY2025 and FY2026 Transportation Alternatives Projects and
FY2024-FY2029 Secondary Road Six-Year Plan and FY2024
Secondary Road Improvement budget; appropriation of funds and
authorization to proceed.
4. REPORTS
4.A. DISTRICT IMPROVEMENT FUNDS (DIF) MONTHLY REPORT
The Board approved the Monthly Report on District Improvement
Funds.
5. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Sarah Becker addressed the Board relative to promoting pro
se litigants by providing some educational tools to succeed
and be prepared for trial.
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6. RECESS FOR DINNER
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
recessed to dinner in Room 502.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
7. INVOCATION
The Honorable Mark Miller, Midlothian District Supervisor,
gave the invocation.
8. PLEDGE OF ALLEGIANCE
Eagle Scout Adam Jair Selby led the Pledge of Allegiance to
the Flag of the United States of America.
9. COUNTY ADMINISTRATOR UPDATE
9.A. REGISTRAR’S UPDATE
Mr. Mike Schwartz, Chief Deputy Registrar, provided an update
to the Board relative to activities occurring in preparation
for this election season. He also provided information
regarding a new Political Districts Viewer web tool to help
citizens know what district they live in and who represents
them at multiple levels of government. He stated the tool is
a GIS-based system, where users can turn layers on and off
depending on whether they are looking for local, state, or
federal information. He noted the site links to voting precinct
maps and a complete user guide.
9.B. RECOGNITION OF RECENT AWARDS AND EMPLOYEE ACHIEVEMENTS
• Dr. Casey announced in March he was notified of
Chesterfield’s nomination as one of the Region’s Top
Workplaces for 2023, a contest the Richmond Times-
Dispatch conducts each year. He stated Chesterfield was
ranked among the best of the best in the Mega category,
which is the category with over 900 employees. He noted
the top-ranking organizations in each category will be
revealed at the Top Workplaces awards event taking place
this evening and will be recognized in a special edition
of the Times-Dispatch.
• Dr. Casey announced Director and Chief Learning Officer
Kevin Bruny was recently named a “Top 50 Learning and
Development Professional” at the 2023 OnCon Icon Awards.
He stated under Mr. Bruny’s leadership, the county’s
Learning and Performance Center promotes individual and
organizational success through innovative career
development services. He noted the OnCon Icon Awards
represent one of the strongest types of professional
recognition.
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• Dr. Casey announced Chesterfield County Public Library’s
“Visual Storytelling Through GIS- Who Do We Serve?” was
selected from nearly 150 submissions in eight categories
that showcase creative thinking and out-of-the-box
application of library resources. He stated CCPL was
honored in the category of Data and Performance Management
with honorees being recognized for their level of
inventiveness, the outcomes achieved and the ability for
other libraries to adapt and implement their work.
• Dr. Casey congratulated the Virginia Cooperative
Extension’s Chesterfield Office, who recently won several
Virginia Cooperative Extension Program Excellence Awards.
He stated these awards recognize VCE field faculty, staff,
and volunteers for exemplary major educational
programming efforts.
9.C. OTHER COUNTY ADMINISTRATION UPDATES
• Dr. Casey announced the county’s Procurement Department
is hosting a first-of-its-kind event next Friday, June 2.
He stated the inaugural Chesterfield Buyers/Sellers
Connection Conference at CTC at Hull aims to connect
vendors with the county and schools.
• Dr. Casey announced Chesterfield firefighter recruit
TyVaughn Eldridge will be honored at the 26th annual
Virginia Fallen Firefighters and Emergency Medical
Services Memorial Service this year. He stated the service
will be held at noon on Saturday, June 3rd at the Richmond
International Raceway Complex’s Main Exhibition Hall.
Battalion Chief Kevin Moran provided information relative
to activities Chesterfield Fire and EMS have recently
participated in to memorialize fallen heroes.
10. BOARD MEMBER REPORTS
Mr. Winslow announced he attended several events which included
the Swift Creek Middle School ribbon cutting on May 9 for the
new track and field; Local Government Education Month at
Providence Middle School on April 27; Clean Eatz ribbon cutting
on April 27; Salsaa Don Sebastian visit on May 22; and the
Bryant and Stratton Commencement on May 19.
Mr. Holland announced he attended several events which included
National Small Business Week and Bryant and Stratton College
on May 5; “Behind the Mic” podcast episode released on May 10;
Child Safety Fair on April 29; Fernbrook Park community meeting
on May 18; the 25th Annual Asian American Celebration; and the
W.E.B. Dubois National Honor Society end of year celebration
at Dupont.
Dr. Miller announced he attended several events which included
a ride-along with Chesterfield Fire and EMS on May 5; the
United Way of Greater Richmond and Petersburg ribbon-cutting
ceremony for their newest Early Learning Trail at Huguenot
Park; Bon Air Victorian Day on May 13; and high school
graduations in the Midlothian District.
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Mr. Ingle announced he attended several events which included
Coffee, Donuts and Conversation with Delegate Delores McQuinn
on April 28; Senior Day hosted by Chesterfield Triad on May 3;
the George Washington Carver High School Alumni and Friends
Legacy celebration on May 20; and the Chesterfield Recovery
Academy Completion Ceremony on May 18.
Mr. Carroll announced he attended several events which included
the ChamberRVA’s InterCity Visit to Kansas City from May 2-5;
the Friends of CCPL Golf Tournament on April 27; the
Treasurer’s Office kiosk ribbon cutting on April 11; wreath
laying ceremony at the Police Department and Sheriff’s Office
Memorials on May 9; Virginia State University’s spring
commencement on May 13; Weidmuller groundbreaking ceremony;
and the Civilian Military Council meeting this morning.
11. RESOLUTIONS AND SPECIAL RECOGNITIONS
11.A. RECOGNITION OF 2022-23 YOUTH CITIZEN BOARD MEMBERS
Ms. Chloe Carter, Youth Engagement Coordinator, recognized
members of the Youth Citizen Board and shared details relative
to the Sensory Kit Distribution Project they completed this
year for the Chesterfield County Public Library. She stated
the Youth Citizen Board advises the Board of Supervisors
regarding issues relating to youth and provides opportunities
for community input on youth issues in Chesterfield County.
She further stated this program engages youth around the county
to participate in local government, organize initiatives,
participate in community service projects, and allows a forum
for youth-related issues.
Graduating members of the Youth Citizen Board Pari Patel and
Jordyn Krajewski provided a short summary of their experience.
11.B. RECOGNIZING BOY SCOUT UPON ATTAINING RANK OF EAGLE
SCOUT
Mr. Dave Goode, Director of Constituent Services, introduced
Mr. Adam Jair Selby, who was present to receive the resolution.
On motion of Mr. Winslow, seconded by Dr. Miller, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by
Mr. William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least 21 merit badges in a wide
variety of skills including leadership, service and outdoor
life, serving in a leadership position in a troop, carrying
out a service project beneficial to their community, being
active in the troop, demonstrating Scout spirit, and living up
to the Scout Oath and Law, Mr. Adam Jair Selby, of Troop 876,
sponsored by Church of the Epiphany has accomplished those high
standards of commitment and has reached the long-sought goal
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of Eagle Scout, which is received by only four percent of those
individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Adam has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of October 2022,
publicly recognizes Mr. Adam Jair Selby, extends
congratulations on his attainment of Eagle Scout, and
acknowledges the good fortune of the county to have such an
outstanding young man as its citizen.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
Dr. Miller presented the executed resolution and patch to Mr.
Selby, accompanied by members of his family, congratulated him
on his outstanding achievements and wished him well in future
endeavors.
Mr. Selby expressed appreciation to the Board and provided
details of his Eagle Scout project.
11.C. RECOGNITION OF BANNER CHRISTIAN SCHOOL BOYS VARSITY
BASKETBALL TEAM
Mr. Dave Goode, Director of Constituent Services, introduced
members and staff of the Banner Christian School Boys Varsity
Basketball team, who were present for the recognition.
Banner Christian, who finished the season on a 13-game win
streak, defeated Hampton Christian Academy 66-61 at Virginia
State in the Division IV final, the school’s first team state
championship in any sport.
Coaches, staff and players introduced themselves and shared
their favorite memory of the season.
11.D. RESOLUTION RECOGNIZING MAJOR BEN CRAFT, SHERIFF’S
OFFICE, UPON HIS RETIREMENT
Sheriff Leonard introduced Major Ben Craft, who was present to
receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Major Willie B. Craft has faithfully served the
Chesterfield County Sheriff’s Office for over 37 years, and
the citizens of this nation with honor and distinction in the
United States Navy Reserves as an Operations Specialist; and
WHEREAS, Major Craft was hired on January 27, 1986, and
assigned to the Chesterfield County Jail after graduating from
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the Crater Criminal Justice Academy’s Ninth Basic Jailor
Academy as the top Academic Student; and
WHEREAS, Major Craft joined the Chesterfield County
Sheriff’s Office as a deputy under the late Sheriff Emmett L.
Wingo, and faithfully served under Sheriffs James Mutispaugh,
Walter J. Minton, Clarence G. Williams, Jr., the late Dennis
S. Proffitt, and current Sheriff Karl S. Leonard; and
WHEREAS, Major Craft served as a Deputy in the Jail, after
completing the law enforcement academy and Advanced Criminal
Investigations School in 1987, was appointed one of the first
Sheriff’s Office trained investigators until his promotion to
Corporal in the Jail Security Division, and was promoted to
Sergeant where he continued to serve until July 1996; and
WHEREAS, Major Craft was assigned as Sergeant to the Civil
Process Unit during which time he automated many of the forms,
and created that unit’s first written Standard Operating
Procedures that are still standard practice today; and
WHEREAS, Major Craft was promoted to Lieutenant assigned
to the Jail Security Division; and then promoted to Captain
and served as Jail Security Division commander, as Compliance
Division commander and oversaw the construction of the
replacement jail and the transition team that led to its
opening in May of 2006 and the demolition of the old jail;
served as Court Security Commander and the training academy
director until January 2015; and
WHEREAS, Major Craft was promoted to Major and served as
the jail administrator; as the Operations Bureau commander and
Major of the Judicial Bureau from 2017 until his retirement;
and
WHEREAS, Major Craft has demonstrated his versatility,
skill and strong work ethic in assignments in both the
Correctional and Judicial Bureaus; and has held several
certifications throughout his career, including general
instructor; and received numerous letters of appreciation and
commendation, both internally and externally, for services on
countless committees, teams, and for his hard work,
professionalism, leadership and commitment to the Chesterfield
Sheriff’s Office, and its citizens and to the Commonwealth of
Virginia.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 25th day of May 2023, publicly
recognizes the outstanding contributions of Major Willie B.
“Ben” Craft, expresses the appreciation of all residents for
his service to Chesterfield County and extends appreciation
for his dedicated service to the county and congratulations
and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Major Craft, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
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Mr. Carroll presented the executed resolution to Major Craft,
accompanied by members of his family, and expressed
appreciation for his outstanding service to the county.
Dr. Casey presented Major Craft with an engraved brick,
expressed appreciation for his many years of dedicated service
to the county and wished him well in his retirement.
Major Craft expressed appreciation for staff whom he worked
with during his career.
A standing ovation followed.
11.E. RECOGNITION OF 2023 SPRING GOVERNMENT CITIZENS
ACADEMY GRADUATES
Ms. Kelly Booth, Community Engagement Coordinator, introduced
recent graduates of the 2023 Spring Government Citizens
Academy, who were present to be recognized and receive their
certificates. She stated the academy offers Chesterfield
residents the opportunity to learn about their local government
through interactive sessions. She further stated during the
nine-week program, participates receive a comprehensive look
at programs, and learn directly from department leaders and
members of the Board of Supervisors about local government
operations.
Dr. Paris Hamilton, member of the academy class, addressed the
Board to give his perspective on what he learned over the
course of the academy.
11.F. RECOGNITION OF FUTURE COMMUNITY LEADERS CERTIFICATE
PROGRAM RECIPIENTS
Ms. Chloe Carter recognized and presented certificates to the
Future Community Leaders Certificate Program recipients. She
stated the Future Community Leaders Certificate (FCLC) program
provides Chesterfield County high school students with the
opportunity to learn about their local government, interact
with government officials, and engage in volunteerism to
support the community. She further stated to receive this
recognition, students are required to complete the
“Chesterfield County 101” program, attend a Board of
Supervisors meeting, and obtain 25 hours of community service.
The following recipients received their certificates:
• Kara Holley (Clover Hill District) – 10th grade, Guardian
Christian Academy
• Gates Fox (Matoaca District) – 12th grade, The Steward School
• Om Patel (Midlothian District) – 10th grade, Midlothian High
School; and
• Deeya Patel (Midlothian High School) - 10th grade, Midlothian
High School
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12. NEW BUSINESS
12.A. APPROVE A PERFORMANCE GRANT AGREEMENT WITH CHURCH &
DWIGHT CO.
Mr. Garrett Hart, Director of Economic Development, provided
information relative to a performance grant agreement with
Church & Dwight Co. He stated Church & Dwight Co. plans to
expand its existing manufacturing facility in Chesterfield
County located at 1640 Ashton Park Drive. He further stated
this expansion will entail a capital expenditure by or on
behalf of the company of approximately $27,000,000 of which
approximately $14,400,000 will be invested in machinery and
tools, approximately $500,000 will be invested in furniture,
fixtures, and business personal property, and approximately
$12,200,000 will be invested in construction and expansion at
the facility. In addition, he stated the project resulted in
the creation of 53 new jobs at the facility. He further stated
the stimulation of the additional tax revenue and economic
activity to be generated by the capital investment and new
jobs constitutes a benefit to the County, and to assist and
promote the expansion of the company in the county, staff
recommends that an economic development grant be awarded to
the company through the EDA. He stated the grant would be a
sum equivalent to 100 percent of the marginal increase in real
estate taxes on the property generated by the project and paid
to the county up to a maximum of $24,000. In consideration of
and a condition precedent to receiving the grant, he stated
the Company shall make or cause to be made capital investments
in the facility of at least $27,000,000 by September 30, 2025,
which will be supported by verifiable documentation provided
to the EDA and/or county upon request.
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
approved the performance grant agreement with Church & Dwight
Co. and appropriated funds.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.B. APPROVE A PERFORMANCE GRANT AGREEMENT WITH WEIDMULLER,
INC.
Mr. Hart provided information relative to a performance grant
agreement with Weidmuller, Inc. He stated Weidmuller, Inc. is
an existing manufacturer of Smart Industrial Connectivity
products and solutions at 821 Southlake Boulevard in
Chesterfield County. He further stated the company plans to
invest approximately $15.1 million to increase their
engineering and production footprint at their existing
facility. He stated the expansion project will also result in
the creation of over 100 jobs. He noted staff recommends the
approval of a performance grant, which is conditioned upon
Weidmuller, Inc.’s commitment to locate and construct the
expansion project in Chesterfield, to satisfy the match
requirement for a grant from the Virginia Economic Development
Partnership’s Commonwealth’s Opportunity Fund. He stated the
grant will be administered through the EDA and will be awarded
annually, subject to appropriations by the Board, beginning
when a certificate of occupancy is issued for the facility. He
further stated the amount of the grant will be equal to 100%
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of the marginal increase in real estate taxes paid by
Weidmuller, Inc. for three consecutive years and 100 percent
of the marginal increase in machinery and tools taxes paid by
Weidmuller, Inc. for five consecutive years.
On motion of Mr. Winslow, seconded by Dr. Miller, the Board
approved the performance grant agreement with Weidmuller, Inc.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.C. SECOND CLAIM OF CASPIAN CONSTRUCTION LLC RELATING TO
SERVICE AGREEMENT FOR ENON OUTDOOR POLICE FIRING RANGE
RENOVATION
Mr. Jeff Mincks, County Attorney, provided information
relative to the second claim of Caspian Construction LLC
relating to a service agreement for Enon outdoor firing range
renovation. He stated in August 2021, the county entered into
a contract with Caspian Construction LLC to perform renovations
at the outdoor police firing range in Enon for a fixed price.
He further stated Caspian submitted a claim to the Board in
September 2022, which was denied. He stated on March 27, 2023,
Caspian submitted a second claim to the Board. He further
stated staff has reviewed the claim and determined it is
contrary to the facts, not supported by the terms of the
contract, and legally deficient. Based on the circumstances,
staff recommends that the Board deny the new claim.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
denied the second claim of Caspian Construction LLC relating
to service agreement for Enon outdoor police firing range
renovation.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.D. APPOINTMENTS
12.D.1. CHESTERFIELD COMMUNITY SERVICES BOARD
On motion of Mr. Winslow, seconded by Mr. Ingle, the Board
nominated/appointed Ms. Janet Stephens as an at-large
representative to the Chesterfield Community Services Board
with a term effective June 1, 2023, through December 31, 2025.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.D.2. RICHMOND REGION TOURISM BOARD
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
nominated/appointed Mr. J.C. Poma to replace Mr. Clay Bowles
as the alternated member of the Richmond Region Tourism Board,
with a term effective immediately and expiring December 31,
2023.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
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12.D.3. THE FIRST TEE OF GREATER RICHMOND
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
nominated/reappointed of Mr. Michael McCann (Midlothian
District) and Mr. Eugene Thomas (Midlothian District) to serve
on The First Tee of Greater Richmond, whose terms are effective
June 1, 2023, and will expire May 31, 2026.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E. CONSENT ITEMS (12.E.1. – 12.E.10.c.)
12.E.1. ADOPTION OF RESOLUTIONS
12.E.1.a. RESOLUTION RECOGNIZING MR. JOHN KIDD, JR.,
DEPARTMENT OF UTILITIES, UPON HIS RETIREMENT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
WHEREAS, John Kidd, Jr. retired from the Chesterfield
Utilities Department, Chesterfield County, on MAY 1, 2023,
after faithfully serving the county and its citizens for over
44 years; and
WHEREAS, John Kidd, Jr. began his service to the citizens
of Chesterfield County in 1979 as a plant operator at the
Proctor’s Creek Wastewater Treatment Plant; and
WHEREAS, John Kidd, Jr. earned a Class 3 Wastewater
Treatment Operator’s license in 1981. As a Class 3 operator,
he became proficient and knowledgeable of all plant operations
allowing him to advance his career; and
WHEREAS, John Kidd, Jr. earned a Class 2 Wastewater
Treatment Operator’s license in 1983. As a Class 2 operator,
his affable and congenial manner made him a natural leader and
valuable team member; and
WHEREAS, John Kidd, Jr. earned a Class 1 Wastewater
Treatment Operator’s License in 1985. As a Class 1 operator,
John became a lead operator. In this senior role, he developed
leadership skills that complemented and augmented his personal
traits; and
WHEREAS, John Kidd, Jr. was promoted to Assistant Chief
in April 1999. This new assignment transferred him to day
shift, where he served as plant operations lead at the
Proctor’s Creek Wastewater Treatment Plant; and
WHEREAS, John Kidd, Jr. was instrumental in the Proctor’s
Creek Wastewater Treatment Plant earning numerous awards since
becoming Assistant Chief, including the NACWA Peak Performance
Awards (2014-2022), Virginia Environmental Excellence Program
(VEEP 2017 – 2022), and Utility of the Future Recognition for
Beneficial Biosolids Use (2021); and
WHEREAS, John Kidd, Jr. is recognized as an effective team
leader, communicator, and mentor, as well as a valuable,
helpful, and knowledgeable colleague; and
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
John Kidd, Jr. expresses the appreciation of all residents for
his service to the county, and extends its appreciation for
his dedicated service and their congratulations upon his
retirement.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.1.b. RESOLUTION RECOGNIZING CORPORAL RYAN M. KNOUSE,
POLICE DEPARTMENT, UPON HIS RETIREMENT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
WHEREAS, Corporal Ryan M. Knouse will retire from the
Chesterfield County Police Department on July 1, 2023, after
providing over 24 years of quality service to the residents of
Chesterfield County; and
WHEREAS, Corporal Knouse, after retiring from the United
States Army, began his career as a Patrol Officer and continued
to professionally serve the county as a Senior Police Officer,
Master Police Officer, Career Police Officer and Corporal; and
WHEREAS, Corporal Knouse also served during his tenure as
a Field Training Officer for more than eighteen years, an
Evidence Technician for over ten years, a patrol rifle operator
for over 10 years, a desk officer, and was a certified Crisis
Intervention Team officer; and
WHEREAS, Corporal Knouse earned an Achievement Award for
his actions in successfully arresting a suicidal suspect who
drove at speeds more than 80 mph just prior to crashing into
two vehicles and a trailer at a local trailer park. The
suspect, who was attempting to commit “suicide by cop”, exited
his vehicle and attempted to attack Corporal Knouse while
acting as if he were trying to pull a weapon from his pocket.
Corporal Knouse was able to quickly contain the situation and
take the suspect into custody. Corporal Knouse’s observation
skills and measured response to the volatile call for service
resulted in a positive outcome for all involved; and
WHEREAS, Corporal Knouse was recognized with an
Achievement Award for his courageous actions and teamwork
skills to gain control of a suspect who was brandishing a
makeshift spear and behaving in a violent and disturbed manner
at a local shopping center business. Officer Knouse and his
fellow officers were able to successfully disarm the suspect
of his weapon and bring the dangerous situation to a peaceful
resolution; and
WHEREAS, Corporal Knouse served on the Police Quality
Council to bring process improvements and innovative ideas to
the department; and
WHEREAS, Corporal Knouse has been repeatedly recognized
for outstanding police work from the range of life-saving
events to suspect identification and capture to positive
community partnerships, all of which contributes to making
Chesterfield County a safe and secure community; and
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WHEREAS, Corporal Knouse was consistently recognized by
his supervisors for mentoring younger officers, setting a good
example for work ethic and providing guidance for less
experienced officers to help them be successful and achieve
satisfaction from their work; and
WHEREAS, Corporal Knouse is recognized for his constant
display of professionalism, his teamwork and his communications
and human relations skills all of which he has utilized within
the Police Department and in assisting residents of
Chesterfield County during his career; and
WHEREAS, Corporal Knouse has received numerous letters of
commendation, thanks and appreciation from supervisors and
residents for services rendered; and
WHEREAS, Corporal Knouse has provided the Chesterfield
County Police Department with many years of loyal and dedicated
service; and
WHEREAS, Chesterfield County and the Board of Supervisors
will miss Corporal Knouse's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors publicly recognizes Corporal Ryan
M. Knouse and extends on behalf of its members and the residents
of Chesterfield County, appreciation for his service to the
county, congratulations upon his retirement, and best wishes
for a long and happy retirement.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.2. REAL PROPERTY REQUESTS
12.E.2.a. ACCEPTANCE OF PARCELS OF LAND
12.E.2.a.1. ACCEPTANCE OF PARCEL OF LAND ADJACENT TO EAST-
WEST ROAD FROM HAMLET WATKINS CENTRE, LLC
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted the conveyance of a parcel of land containing 0.122
acres adjacent to East-West Road from Hamlet Watkins Centre,
LLC and authorized the County Administrator to execute the
deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.2.a.2. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO
SWINEFORD ROAD FROM RICHMOND KOREAN CENTRAL
PRESBYTERIAN CHURCH, INC.
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted the conveyance of parcels of land containing a total
of 0.146 acres adjacent to Swineford Road from Korean Central
Presbyterian Church, Inc. and authorized the County
Administrator to execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
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12.E.2.a.3. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO
BELLWOOD ROAD FROM REYNOLDS REAL ESTATE
VENTURES, L.L.C.
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted the conveyance of parcels of land containing a total
of 0.130 acres adjacent to Bellwood Road from Reynolds Real
Estate Ventures, L.L.C. and authorized the County
Administrator to execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.2.a.4. ACCEPTANCE OF PARCEL OF LAND ADJACENT TO IRON
BRIDGE ROAD FROM FAMILY HOLDINGS, L.C.
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted the conveyance of a parcel of land containing 0.008
acres adjacent to Iron Bridge Road from Family Holdings, L.C.
and authorized the County Administrator to execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.2.a.5. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO
IRONBRIDGE PARKWAY FROM MADISON RICHMOND
IRONBRIDGE OWNER LLC
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted the conveyance of parcels of land containing a total
of 0.031 acres adjacent to Ironbridge Parkway from Madison
Richmond Ironbridge Owner LLC and authorized the County
Administrator to execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.2.a.6. ACCEPTANCE OF PARCEL OF LAND ADJACENT TO
WHITEPINE ROAD FROM ANDRES ROCHA-MARRON
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted the conveyance of a parcel of land containing 0.013
acres adjacent to Whitepine Road from Andres Rocha-Marron and
authorized the County Administrator to execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.2.a.7. ACCEPTANCE OF PARCEL OF LAND ADJACENT TO
WOOLRIDGE ROAD FROM WOODLAKE COMMUNITY
ASSOCIATION INC.
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted the conveyance of a parcel of land containing 0.037
acres adjacent to Woolridge Road, State Route 668, from
Woodlake Community Association Inc. and authorized the County
Administrator to execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
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12.E.2.b. CONVEYANCE OF EASEMENTS
12.E.2.b.1. TO CONSIDER CONVEYANCE OF AN EASEMENT TO
VIRGINIA ELECTRIC AND POWER COMPANY FOR AN
UNDERGROUND EASEMENT AT HORNER PARK
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an agreement with Virginia
Electric and Power Company for an underground easement at
Horner Park.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.2.b.2. TO CONSIDER CONVEYANCE OF AN EASEMENT TO
VIRGINIA ELECTRIC AND POWER COMPANY FOR AN
OVERHEAD EASEMENT AT THE COSBY ROAD TANK SITE
On motion of Dr. Miller, seconded by Mr. Ingle, the Board set
June 28, 2023, as the date to hold a public hearing to consider
the conveyance of an overhead easement to Virginia Electric
and Power Company across the Cosby Road Tank Site.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.2.c. REQUESTS TO QUITCLAIM
12.E.2.c.1. REQUEST TO QUITCLAIM A SWM/BMP EASEMENT, A
PORTION OF A SWM/BMP ACCESS EASEMENT, A PORTION
OF A 16’ WATER EASEMENT, A PORTION OF A 16’
SEWER EASEMENT AND A 16’ DRAINAGE EASEMENT
(PUBLIC) ACROSS THE PROPERTY OWNED BY MADISON
RICHMOND IRONBRIDGE OWNER LLC
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to quitclaim
a SWM/BMP easement, a portion of a SWM/BMP access easement, a
portion of a 16’ water easement, a portion of a 16’ sewer
easement and a 16’ drainage easement (public) across the
property owned by Madison Richmond Ironbridge Owner LLC.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.3. MEMORANDUM OF AGREEMENT BETWEEN CHESTERFIELD FIRE
AND EMS AND VIRGINIA STATE POLICE FOR THE PURPOSES
OF THE MED-FLIGHT AVIATION PROGRAM
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Chesterfield County Administrator or his
designee to execute the attached agreement and to approve
future revisions or updates that do not substantially change
the scope of the original agreement.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.4. AUTHORIZE USE OF DISTRICT ENHANCEMENT CAPITAL
IMPROVEMENTS FUNDS (DECIF)
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the use of District Enhancement Capital Improvement
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funds, including authorization to advertise and award
construction contracts and change orders, up to the full amount
budgeted for each project, and execution of any agreements
necessary to complete the projects.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.5. AWARD CONSULTING SERVICES CONTRACTS FOR MECHANICAL,
ELECTRICAL, PLUMBING, FIRE PROTECTION AND
STRUCTURAL ENGINEERING
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Director of Procurement to award multiple
contracts for engineering consulting services.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.6. TO ADOPT A RESOLUTION RELATING TO THE ISSUANCE OF
UP TO $105,000,000 OF GENERAL OBLIGATION BONDS FOR
COUNTY AND SCHOOL CAPITAL PROJECTS AS APPROVED VIA
THE NOVEMBER 2022 BOND REFERENDUM
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
RESOLUTION PROVIDING FOR THE ISSUANCE,
SALE AND AWARD OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS, SERIES 2023, IN
THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF
$105,000,000 OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, HERETOFORE
AUTHORIZED, AND PROVIDING FOR THE FORM,
DETAILS AND PAYMENT THEREOF
WHEREAS, by resolution adopted on June 29, 2022 (the
“Authorizing Resolution”), the Board of Supervisors (the
“Board”) of the County of Chesterfield, Virginia (the “County”)
(a) authorized the issuance of general obligation capital
improvement bonds in the maximum principal amount of
$540,000,000 to finance various capital improvement projects
for (i) public school system purposes, (ii) public safety
purposes, (iii) public library purposes and (iv) parks and
recreation purposes (collectively, the “Projects”), subject to
the approval of the voters at a special election, and (b)
requested the Circuit Court of the County of Chesterfield to
order a special election on the issuance of such bonds;
WHEREAS, pursuant to a special election held on November
8, 2022 (the “Election”), the qualified voters of the County
approved the issuance of general obligation bonds of the County
in the maximum principal amount of $540,000,000 to finance the
Projects, none which of bonds have been issued and sold;
WHEREAS, the Board desires to (a) issue up to $105,000,000
principal amount of such general obligation bonds (as further
described herein, the “Bonds”) authorized by the Authorizing
Resolution and approved by the qualified voters of the County
pursuant to the Election and (b) use the proceeds thereof to
(i) finance a portion of the costs of the Projects, including
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but not limited to (A) enhancements to River City Sportsplex,
(B) development of Horner Park, (C) replacement of the Chester
Fire and Rescue Station, (D) development of the Stonebridge
Police Station, (E) replacement of the Enon Library, (F)
development of conservation areas, (G) replacement of A.M.
Davis Elementary School and Bensley Elementary School and (H)
development of a new elementary school, a new middle school
and a new high school in the western area of the County, and
(ii) pay related costs of issuance; and
WHEREAS, the County administration, in consultation with
Davenport & Company LLC, acting as the County’s financial
advisor (the “Financial Advisor”), has recommended that the
County sell the Bonds through one of the following methods:
(a) a public offering through a competitive sale or (b) a
public offering through a negotiated underwriting;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA:
1. Issuance of Bonds. Pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the Public
Finance Act of 1991, and in accordance with the authorization
of the Authorizing Resolution and the approval of the qualified
voters pursuant to the Election, the Board hereby provides for
the issuance and sale of the Bonds in an aggregate principal
amount not to exceed $105,000,000 to finance a portion of the
costs of the Projects and to pay related costs of issuance.
2. Bond Details.
(a) The Bonds shall be designated “General
Obligation Public Improvement Bonds, Series 2023,” shall be in
registered form, shall be dated such date as may be determined
by the County Administrator (such term as used herein to
include the County Administrator and the Deputy County
Administrator for Finance and Administration), shall be in
denominations of $5,000 and integral multiples thereof and
shall be numbered R-1 upward. Subject to the provisions and
limitations of this Resolution, the Board authorizes the County
Administrator to undertake the issuance and sale of the Bonds
and to determine the final pricing terms of the Bonds as he
shall deem to be in the best interests of the County; provided,
however, that the Bonds shall (i) be issued in an aggregate
principal amount not exceeding the limit set forth in
Section 1, (ii) have a “true” or “Canadian” interest cost not
to exceed 5.50% (taking into account any original issue
discount or premium), (iii) be sold at a price not less than
95% of the original aggregate principal amount thereof
(excluding any original issue discount or premium), and
(iv) mature, or be subject to mandatory sinking fund redemption
in annual installments, in years ending no later than December
31, 2045.
(b) Principal of the Bonds shall be payable annually
on dates determined by the County Administrator. Each Bond
shall bear interest from its date at such rate as shall be
determined at the time of sale, calculated on the basis of a
360-day year of twelve 30-day months, payable semiannually on
dates determined by the County Administrator. Principal and
premium, if any, shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the
Registrar (as hereinafter defined). Interest shall be payable
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by check or draft mailed to the registered owners at their
addresses as they appear on the registration books kept by the
Registrar on a date prior to each interest payment date that
shall be determined by the County Administrator (the “Record
Date”); provided, however, that at the request of the
registered owner of the Bonds, payment may be made by wire
transfer pursuant to the most recent wire instructions received
by the Registrar from such registered owner. If any payment
date with respect to the Bonds is not a Business Day (as
hereinafter defined), such payment shall be made on the next
succeeding Business Day with the same effect as if made on the
stated payment date and no additional interest shall accrue.
“Business Day” shall mean a day on which banking business is
transacted, but not including a Saturday, Sunday or legal
holiday, or any other day on which banking institutions are
authorized by law to close in the Commonwealth of Virginia.
Principal, premium, if any, and interest shall be payable in
lawful money of the United States of America.
(c) Initially, one Bond certificate for each
maturity of the Bonds shall be issued to and registered in the
name of The Depository Trust Company (“DTC”) or its nominee.
The County has heretofore entered into a Letter of
Representations relating to a book-entry system to be
maintained by DTC with respect to the Bonds. “Securities
Depository” shall mean DTC or any other securities depository
for the Bonds appointed pursuant to Subsection 2(d).
(d) In the event that (i) the Securities Depository
determines not to continue to act as the securities depository
for the Bonds by giving notice to the Registrar, and the County
discharges the Securities Depository of its responsibilities
with respect to the Bonds, or (ii) the County in its sole
discretion determines (A) that beneficial owners of the Bonds
shall be able to obtain certificated Bonds or (B) to select a
new Securities Depository, then its Deputy County Administrator
for Finance and Administration or Director of Budget and
Management, either of whom may act, shall, at the direction of
the County, attempt to locate another qualified securities
depository to serve as Securities Depository and authenticate
and deliver certificated Bonds to the new Securities Depository
or its nominee, or authenticate and deliver certificated Bonds
to the beneficial owners or to the Securities Depository
participants on behalf of beneficial owners substantially in
the form provided for in Section 5; provided, however, that
such form shall provide for interest on the Bonds to be payable
(X) from the date of the Bonds if they are authenticated prior
to the first interest payment date or (Y) otherwise from the
interest payment date that is or immediately precedes the date
on which the Bonds are authenticated (unless payment of
interest thereon is in default, in which case interest on such
Bonds shall be payable from the date to which interest has been
paid). In delivering certificated Bonds, the Deputy County
Administrator for Finance and Administration or Director of
Budget and Management, either of whom may act, shall be
entitled to rely on the records of the Securities Depository
as to the beneficial owners or the records of the Securities
Depository participants acting on behalf of beneficial owners.
Such certificated Bonds will then be registrable, transferable
and exchangeable as set forth in Section 7.
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(e) So long as there is a Securities Depository for
the Bonds, (i) it or its nominee shall be the registered owner
of the Bonds, (ii) notwithstanding anything to the contrary in
this Resolution, determinations of persons entitled to payment
of principal, premium, if any, and interest, transfers of
ownership and exchanges and receipt of notices shall be the
responsibility of the Securities Depository and shall be
effected pursuant to rules and procedures established by such
Securities Depository, (iii) the Registrar and the County shall
not be responsible or liable for maintaining, supervising or
reviewing the records maintained by the Securities Depository,
its participants or persons acting through such participants,
(iv) references in this Resolution to registered owners of the
Bonds shall mean such Securities Depository or its nominee and
shall not mean the beneficial owners of the Bonds and (v) in
the event of any inconsistency between the provisions of this
Resolution and the provisions of the above-referenced Letter
of Representations such provisions of the Letter of
Representations, except to the extent set forth in this
paragraph and Subsection 2(d), shall control.
3. Redemption Provisions.
(a) Subject to the limitations contained herein,
the County Administrator is authorized to determine the
redemption provisions of the Bonds, including provisions for
optional, extraordinary and mandatory sinking fund redemption.
(b) The Bonds may be subject to redemption prior to
maturity at the option of the County at any time on or after
the dates, if any, determined by the County Administrator, in
whole or in part, at redemption price(s) that the County
Administrator determines to be in the best interests of the
County based on financial market conditions, together with any
interest accrued to the date fixed for redemption. Such
redemption price terms may include traditional redemption
prices not to exceed 103% of the principal amount to be
redeemed, as well as “make whole” redemption prices.
(c) Any Bonds sold as term bonds may be subject to
mandatory sinking fund redemption upon terms determined by the
County Administrator.
(d) If less than all of the Bonds are called for
redemption, the maturities of the Bonds to be redeemed shall
be selected by the Deputy County Administrator for Finance and
Administration or Director of Budget and Management, either of
whom may act, in such manner as such officer may determine to
be in the best interests of the County. If less than all of
the Bonds of a particular maturity are called for redemption,
the Bonds (or portions thereof) within such maturity to be
redeemed shall be selected by the Securities Depository
pursuant to its rules and procedures or, if the book-entry
system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may
determine. In either case, (i) the portion of any Bond to be
redeemed shall be in the principal amount of $5,000 or some
integral multiple thereof and (ii) in selecting Bonds for
redemption, each Bond shall be considered as representing that
number of Bonds that is obtained by dividing the principal
amount of such Bond by $5,000. The County shall cause notice
of the call for redemption identifying the Bonds or portions
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thereof to be redeemed to be sent by facsimile or electronic
transmission, registered or certified mail or overnight express
delivery, not less than 30 nor more than 60 days prior to the
date fixed for redemption, to the registered owner of the
Bonds. The County shall not be responsible for giving notice
of redemption to anyone other than DTC or another qualified
securities depository then serving or its nominee unless no
qualified securities depository is the registered owner(s) of
the Bonds. If no qualified securities depository is the
registered owner of the Bonds, notice of redemption shall be
mailed to the registered owners of the Bonds. If a portion of
a Bond is called for redemption, a new Bond in principal amount
equal to the unredeemed portion thereof will be issued to the
registered owner upon the surrender thereof.
(e) In the case of an optional redemption, the
notice may state that (i) it is conditioned upon the deposit
of moneys, in an amount equal to the amount necessary to effect
the redemption, no later than the date fixed for redemption or
(ii) the County retains the right to rescind such notice on or
prior to the date fixed for redemption (in either case, a
“Conditional Redemption”), and such notice and optional
redemption shall be of no effect if such moneys are not so
deposited or if the notice is rescinded as described herein.
Any Conditional Redemption may be rescinded at any time. The
County shall give prompt notice of such rescission to the
affected bondholders. Any Bonds subject to Conditional
Redemption where redemption has been rescinded shall remain
outstanding, and the rescission shall not constitute an event
of default. Further, in the case of a Conditional Redemption,
the failure of the County to make funds available on or before
the date fixed for redemption shall not constitute an event of
default, and the County shall give immediate notice to all
organizations registered with the Securities and Exchange
Commission (the “SEC”) as securities depositories or the
affected bondholders that the redemption did not occur and that
the Bonds called for redemption and not so paid remain
outstanding.
4. Execution and Authentication. The Bonds shall be
signed by the manual or facsimile signature of the Chair or
Vice Chair of the Board, and the Board’s seal shall be affixed
thereto, or a facsimile thereof printed thereon, and shall be
attested by the manual or facsimile signature of the Clerk or
Deputy Clerk of the Board; provided, however, that no Bond
signed by facsimile signatures shall be valid until it has been
authenticated by the manual signature of the Registrar or, if
a bank has been appointed registrar pursuant to Section 7, an
authorized officer or employee of the Registrar and the date
of authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the
form of Exhibit A attached hereto, with such completions,
omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the officers signing the
Bonds, whose approval shall be evidenced conclusively by the
execution and delivery of the Bonds.
6. Pledge of Full Faith and Credit. The full faith and
credit of the County are irrevocably pledged for the payment
of principal of and premium, if any, and interest on the Bonds.
Unless other funds are lawfully available and appropriated for
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timely payment of the Bonds, the Board shall levy and collect
an annual ad valorem tax, over and above all other taxes
authorized or limited by law and without limitation as to rate
or amount, on all locally taxable property in the County
sufficient to pay when due the principal of and premium, if
any, and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds.
(a) The County Treasurer is hereby appointed paying
agent and registrar for the Bonds (the “Registrar”). The
County Administrator is authorized, on behalf of the County,
to appoint a qualified bank or trust company as successor
paying agent and registrar for the Bonds if at any time the
County Administrator determines such appointment to be in the
best interests of the County. The Registrar shall maintain
registration books for the registration of the Bonds and
transfers thereof. Upon presentation and surrender of any
Bonds to the Registrar, or its corporate trust office if the
Registrar is a bank or trust company, together with an
assignment duly executed by the registered owner or the owner’s
duly authorized attorney or legal representative in such form
as shall be satisfactory to the Registrar, the County shall
execute, and the Registrar shall authenticate, if required by
Section 4, and deliver in exchange, a new Bond or Bonds having
an equal aggregate principal amount, in authorized
denominations, of the same form and maturity, bearing interest
at the same rate, and registered in the name(s) as requested
by the then registered owner or the owner’s duly authorized
attorney or legal representative. Any such exchange shall be
at the expense of the County, except that the Registrar may
charge the person requesting such exchange the amount of any
tax or other governmental charge required to be paid with
respect thereto.
(b) The Registrar shall treat the registered owner
as the person exclusively entitled to payment of principal,
premium, if any, and interest and the exercise of all other
rights and powers of the owner, except that interest payments
shall be made to the person shown as owner on the registration
books on the applicable Record Date.
8. Sale of Bonds. The Board approves the following
terms of the sale of the Bonds:
(a) The Bonds shall be sold through a competitive
sale or a negotiated sale, as the County Administrator, in
collaboration with the Financial Advisor, determines to be in
the best interests of the County.
(b) If the County Administrator determines that the
Bonds shall be sold by competitive sale, the County
Administrator is authorized to receive bids for such Bonds and
award such Bonds to the bidder providing the lowest “true” or
“Canadian” interest cost, subject to the limitations set forth
in Sections 1 and 2. Following a competitive sale, the County
Administrator shall file a certificate with the Clerk of the
Board setting forth the final terms of the Bonds. The actions
of the County Administrator in selling the Bonds by competitive
sale shall be conclusive, and no further action with respect
to the sale and issuance of the Bonds shall be necessary on
the part of the Board.
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(c) If the Bonds are sold by competitive sale, the
County Administrator, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps
to advertise the Bonds for sale in accordance with the terms
and conditions as shall be provided in the notice of sale
relating to the Bonds. The County Administrator is further
authorized to cause to be prepared and disseminated a notice
of sale of the Bonds in such form and containing such terms
and conditions as the County Administrator may deem advisable,
subject to the provisions of this Resolution.
(d) If the County Administrator determines that the
Bonds shall be sold by negotiated sale, the County
Administrator is authorized, in collaboration with the
Financial Advisor, to choose one or more investment banks or
firms to serve as underwriter(s) for the Bonds and to execute
and deliver to the underwriter(s) a bond purchase agreement
(the “Bond Purchase Agreement”) in a form to be approved by
the County Administrator in consultation with the County
Attorney and the County’s bond counsel. The execution of the
Bond Purchase Agreement by the County Administrator shall
constitute conclusive evidence of his approval thereof.
Following a negotiated sale, the County Administrator shall
file a copy of the Bond Purchase Agreement with the records of
the Board. The actions of the County Administrator in selling
the Bonds by negotiated sale to the underwriter(s) shall be
conclusive, and no further action with respect to the sale and
issuance of the Bonds shall be necessary on the part of the
Board.
9. Approval of Preparation and Execution of Official
Statement.
(a) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare and distribute, or cause to be prepared
and distributed, to prospective purchasers of the Bonds a
Preliminary Official Statement (the “Preliminary Official
Statement”) describing the Bonds and the County in a form
consistent with the provisions of this Resolution. All actions
taken by the County Administrator and such other officials and
employees of the County with respect to the preparation and
distribution of the Preliminary Official Statement are hereby
ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or cause to be prepared, a final
Official Statement (the “Official Statement”), which shall be
in substantially the form of the Preliminary Official Statement
with such completions, omissions, insertions and changes as
are necessary to complete the Official Statement and deem it
final for purposes of Rule 15c-12 (the “Rule”) of the SEC.
(c) The County Administrator is hereby authorized
and directed to execute and deliver to the purchasers of the
Bonds the final Official Statement. The County shall arrange
for the delivery to the purchaser of the Bonds of a reasonable
number of printed copies of the final Official Statement,
within seven business days after the Bonds have been sold, for
delivery to each potential investor requesting a copy of the
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Official Statement and to each person to whom the purchaser
initially sells Bonds.
10. Official Statement. The draft Preliminary Official
Statement describing the Bonds, copies of which have been made
available to the Board prior to this meeting, is hereby
approved as the form of the Preliminary Official Statement by
which the Bonds may be offered for sale to the public; provided
that the County Administrator, in collaboration with the
Financial Advisor, may make such completions, omissions,
insertions and changes in the Preliminary Official Statement
not inconsistent with this Resolution as the County
Administrator may consider to be in the best interests of the
County. After the Bonds have been sold, the County
Administrator, in collaboration with the Financial Advisor,
shall make such completions, omissions, insertions and changes
in the Preliminary Official Statement not inconsistent with
this Resolution as are necessary or desirable to complete it
as a final Official Statement. In addition, the County shall
arrange for the delivery to the underwriter(s) of the Bonds of
a reasonable number of printed copies of the final Official
Statement, within seven business days after the Bonds have been
sold, for delivery to each potential investor requesting a copy
of the Official Statement and to each person to whom the
underwriter(s) initially sells Bonds.
11. Official Statement Deemed Final. The County
Administrator is authorized, on behalf of the County, to deem
the Preliminary Official Statement and the Official Statement
in final form, each to be final as of its date within the
meaning of the Rule, except for the omission from the
Preliminary Official Statement of certain pricing and other
information permitted to be omitted pursuant to the Rule. The
distribution of the Preliminary Official Statement and the
execution and delivery of the Official Statement in final form
shall be conclusive evidence that each has been deemed final
as of its date by the County, except for the omission in the
Preliminary Official Statement of such pricing and other
information permitted to be omitted pursuant to the Rule.
12. Preparation and Delivery of Bonds. After the Bonds
have been awarded, the Chair or Vice Chair and the Clerk or
Deputy Clerk of the Board are authorized and directed to take
all proper steps to have the Bonds prepared and executed in
accordance with their terms and to deliver the Bonds to the
underwriter(s) thereof upon payment therefor.
13. Arbitrage Covenants. The County covenants that it
shall not take or omit to take any action the taking or omission
of which will cause any of the Bonds to be “arbitrage bonds”
(within the meaning of Section 148 of the Internal Revenue Code
of 1986, as amended, and regulations issued pursuant thereto
(the “Code”)), or otherwise cause interest on any of the Bonds
to be includable in the gross income for federal income tax
purposes of the registered owners thereof under existing law.
Without limiting the generality of the foregoing, the County
shall comply with any provision of law that may require the
County at any time to rebate to the United States any part of
the earnings derived from the investment of the gross proceeds
of the Bonds, unless the County receives an opinion of
nationally recognized bond counsel that such compliance is not
required to prevent interest on the Bonds from being includable
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in the gross income for federal income tax purposes of the
registered owners thereof under existing law. The County shall
pay any such required rebate from its legally available funds.
14. Non-Arbitrage Certificate and Elections. Such
officers of the County as may be requested by the County’s bond
counsel are authorized and directed to execute an appropriate
certificate setting forth (a) the expected uses and investment
of the proceeds of the Bonds in order to show that such expected
uses and investment will not violate the provisions of Section
148 of the Code and (b) any elections such officers deem
desirable regarding rebate of earnings to the United States
for purposes of complying with Section 148 of the Code. Such
certificate shall be prepared in consultation with the County’s
bond counsel, and such elections shall be made after
consultation with bond counsel.
15. Limitation on Private Use. The County covenants that
it shall not permit the proceeds of the Bonds or the facilities
financed therewith to be used in any manner that would result
in (a) 5% or more of such proceeds or facilities being used in
a trade or business carried on by any person other than a
governmental unit, as provided in Section 141(b) of the Code,
(b) 5% or more of such proceeds or facilities being used with
respect to any output facility (other than a facility for the
furnishing of water), within the meaning of Section 141(b)(4)
of the Code, or (c) 5% or more of such proceeds being used
directly or indirectly to make or finance loans to any persons
other than a governmental unit, as provided in Section 141(c)
of the Code; provided, however, that if the County receives an
opinion of nationally recognized bond counsel that any such
covenants need not be complied with to prevent the interest on
the Bonds from being includable in the gross income for federal
income tax purposes of the registered owners thereof under
existing law, the County need not comply with such covenants.
16. Continuing Disclosure Agreement. The Chair or Vice
Chair of the Board or the County Administrator, any of whom
may act, are hereby authorized and directed to execute a
continuing disclosure agreement (the “Continuing Disclosure
Agreement”) setting forth the reports and notices to be filed
by the County and containing such covenants as may be necessary
to assist the purchaser of the Bonds in complying with the
provisions of the Rule promulgated by the SEC. The Continuing
Disclosure Agreement shall be substantially in the form of the
County’s prior continuing disclosure agreements, which is
hereby approved for purposes of the Bonds; provided that the
County Administrator, in collaboration with the Financial
Advisor, may make such changes in the Continuing Disclosure
Agreement not inconsistent with this Resolution as the County
Administrator may determine to be in the best interests of the
County. The execution thereof by such officers shall
constitute conclusive evidence of their approval of any such
completions, omissions, insertions and changes.
17. Deposit of Bond Proceeds. The County Treasurer is
authorized and directed to provide for delivery of the proceeds
of the Bonds to or at the direction of the County in such
manner as necessary to pay costs of the Projects.
18. SNAP Investment Authorization. The Board has
previously received and reviewed the Information Statement
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describing the State Non-Arbitrage Program of the Commonwealth
of Virginia (“SNAP”) and the Contract Creating the State Non-
Arbitrage Program Pool (the “Contract”), and the Board hereby
authorizes the County Treasurer in her discretion to use SNAP
in connection with the investment of the proceeds of the Bonds.
The Board acknowledges that the Treasury Board of the
Commonwealth of Virginia is not, and shall not be, in any way
liable to the County in connection with SNAP, except as
otherwise provided in the Contract.
19. Reimbursement of Expenditures. The County intends
that the proceeds of the Bonds may be used to reimburse
expenditures for the Projects made prior to the date hereof.
As such, the County intends that the adoption of this
Resolution confirms the “official intent” within the meaning
of Treasury Regulations Section 1.150-2 promulgated under the
Code.
20. Other Actions. All other actions of officers of the
County and the Board in conformity with the purposes and intent
of this Resolution and in furtherance of the issuance and sale
of the Bonds and the financing of the Projects are hereby
ratified, approved and confirmed. The officers of the County
are hereby authorized and directed to execute and deliver all
certificates and instruments and to take all such further
action as may be considered necessary or desirable in
connection with the issuance, sale and delivery of the Bonds
and the financing of the Projects.
21. Repeal of Conflicting Resolutions. All resolutions
or parts of resolutions in conflict herewith are repealed.
22. Effective Date. This Resolution shall take effect
immediately.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.7. TO AMEND THE FY2023 APPOMATTOX REGIONAL GOVERNOR’S
SCHOOL BUDGET BY $64,709 TO APPROPRIATE FUNDS FOR
THE DISBURSEMENT OF THE FY2023 FEDERAL PANDEMIC
RELIEF BONUS PAYMENT AND TO FUND AN ADDITIONAL
STUDENT SLOT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
amended the FY2023 Appomattox Regional Governor’s School’s
budget by $64,709 to appropriate funds for the disbursement of
the FY2023 Federal Pandemic Relief Bonus Payment and to fund
an additional student slot.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.8. DESIGNATION OF FY27 AND FY28 REVENUE SHARING
PROJECTS
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
approved the FY27 and FY28 Revenue Sharing Plan (Attachment A
in the Board packet); adopted the proposed resolution
(Attachment B in the Board packet) designating the county’s
revenue sharing projects, totaling $10 million; and included
the $10 million in sources and uses in the Capital Improvement
Program.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
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12.E.9. ACCEPTANCE OF STATE ROADS
On motion of Dr. Miller, seconded by Mr. Ingle, the Board the
Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the streets
meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Forest Hills at Magnolia Green Section
1
Type Change to the Secondary System of State Highways:
Additions
Reason for Change: New Subdivision Streets
Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Stonewolf Drive, State Route Number 8507
From: Woolridge Road, (Route 7766)
To: Bay Point Way, (Route 8508), a distance of 0.07
miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
• Stonewolf Drive, State Route Number 8507
From: Bay Point Way, (Route 8508)
To: Stonewolf Court, (Route 8509), a distance of 0.06
miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
• Stonewolf Drive, State Route Number 8507
From: Stonewolf Court, (Route 8509)
To: Grand Haven Lane, (Route 8510), a distance of 0.10
miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
• Stonewolf Drive, State Route Number 8507
From: Grand Haven Lane, (Route 8510)
To: The cul-de-sac, a distance of 0.01 miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
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• Stonewolf Court, State Route Number 8509
From: Stonewolf Drive, (Route 8507)
To: The cul-de-sac, a distance of 0.12 miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
• Bay Point Way, State Route Number 8508
From: Stonewolf Drive, (Route 8507)
To: Grand Haven Lane, (Route 8510), a distance of 0.24
miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
• Grand Haven Lane, State Route Number 8510
From: Stonewolf Drive, (Route 8507)
To: Grand Haven Court, (Route 8511), a distance of 0.04
miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
• Grand Haven Lane, State Route Number 8510
From: Grand Haven Court, (Route 8511)
To: Bay Point Way, (Route 8508), a distance of 0.09
miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
• Grand Haven Lane, State Route Number 8510
From: Bay Point Way, (Route 8508)
To: Woolridge Road, (Route 7766), a distance of 0.07
miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
• Grand Haven Court, State Route Number 8511
From: Grand Haven Lane, (Route 8510)
To: The cul-de-sac, a distance of 0.01 miles
Recordation Reference: Plat Book 269, Page 54
Right of Way width (feet) = 50
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.10. SET A PUBLIC HEARING
12.E.10.a. TO CONSIDER REVISED AMERICAN RESCUE PLAN ACT
(ARPA) RECOVERY PLAN
On motion of Dr. Miller, seconded by Mr. Ingle, the Board set
a date of June 28, 2023, for a public hearing to consider the
county’s revised American Rescue Plan Act (ARPA) recovery plan.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.E.10.b. TO CONSIDER PROPOSED FY2023 BUDGET AMENDMENTS
On motion of Dr. Miller, seconded by Mr. Ingle, the Board set
a date of June 28, 2023, for a public hearing to consider
proposed FY2023 budget amendments.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
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12.E.10.c. TO CONSIDER CODE AMENDMENT RELATIVE TO COMPUTER
CONTROLLED VARIABLE MESSAGE ELECTRONIC SIGNS
(EMC) FOR COUNTY GOVERNMENTAL FACILITIES
(23PJ0103)
On motion of Dr. Miller, seconded by Mr. Ingle, the Board set
a date of June 28, 2023, for a public hearing to consider code
amendment relative to computer controlled variable message
electronic signs (EMC) for county governmental facilities
(23PJ0103).
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Jason Melendez addressed the Board relative to ARPA money
used for public safety technology, Flock cameras, and
associated matters.
14. DEFERRED ITEMS FROM PREVIOUS MEETINGS
There were no deferred items from previous meetings.
15. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA
Ms. Sara Hall stated for each case on the consent agenda, staff
has received written confirmation from the applicants that they
agree with the conditions being imposed and all proffers are
offered in compliance with state law.
22SN0081
In Bermuda Magisterial District, Skroback Buffer Encroachment
is a request for conditional use planned development to permit
exceptions to ordinance requirements relative to buffer and
setbacks and amendment of zoning district map in a Residential
(R-7) District on 0.62 acre known as 1301 Whitley Court.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2 to 4 dwellings
per acre). Tax ID 823-642-5176.
Ms. Hall introduced Case 22SN0081. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
approved Case 22SN0081, subject to the following conditions:
1. Buffer Encroachment. Accessory structures may encroach
within the fifty (50) feet buffer on the property. (P)
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2. Setback Requirements. Rear yard setbacks for accessory
structures shall be a minimum fifteen (15) feet from the
rear property line and shall be inclusive of the fifty
(50) feet buffer. All other required setbacks for
accessory structures shall meet Ordinance requirements.
(P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
22SN0143
In Matoaca Magisterial District, Pickett Avenue Rezoning for
Former Matoaca Fire Station is a request to rezone from
Residential (R-7) to Community Business (C-3) and amendment of
zoning district map on 0.33 acre known as 21502 Pickett Avenue.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Neighborhood Business use. Tax ID 780-608-
2392.
Ms. Hall introduced Case 22SN0143. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Carroll called for public comment.
Mr. Curtis Headley, representing Matoaca Baptist Church,
inquired about the use of the property.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
approved Case 22SN0143, subject to the following proffered
condition:
1. Uses. The Property shall be limited to the following uses:
a. Uses permitted by-right or with restrictions in the
Neighborhood Business (C-3) District with the
following uses being prohibited:
i. Automobile self service station
ii. Automobile self service station, unmanned
iii. Automobile service station
iv. Automobile wash
v. Banks with a drive-in window
vi. Brewery, craft
vii. Check cashing incidental use
viii. Cocktail lounge
ix. Distillery, craft
x. Halfway house
xi. Nightclub
xii. Recycling receiving center, excluding
recycling drop-off bins
xiii. Restaurant, fast food or drive-in
xiv. Winery, craft. (P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
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22SN0151
In Bermuda Magisterial District, Lawing Drive Rezoning is a
request to rezone from Neighborhood Business (C-2) to
Agricultural (A) plus conditional use planned development to
permit exceptions to ordinance requirements and amendment of
zoning district map on 3 acres known as 13814 and 13816 Lawing
Drive. Density will be controlled by zoning conditions or
ordinance standards. The Comprehensive Plan suggests the
property is appropriate for Corporate Office/Research &
Development/Light Industrial use. Tax IDs 806-648-5714 and
5719.
Ms. Hall introduced Case 22SN0151. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
approved Case 22SN0151, subject to the following conditions:
1. The Textual Statement dated April 3, 2023 shall be
considered the Master Plan for the property. (P)
2. Parcel Line Modification. Within ninety days (90) of
approval and prior to issuance of a building permit for
any additions or new structures, the property owner shall
complete a parcel line modification to combine both
parcels into one (1) parcel. (P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
22SN0156
In Clover Hill Magisterial District, Noodles and Company
Amendment is a request for amendment of zoning approval (Case
85SN0002) relative to uses and amendment of zoning district
map in Corporate Office (O-2) District on 0.52 acre known as
13518 Hull Street Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Corporate Office use.
Tax ID 729-674-6746.
Ms. Hall introduced Case 22SN0156. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Dr. Miller, the Board
approved Case 22SN0156, subject to the following proffered
condition:
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1. Master Plan. The Textual Statement dated March 14, 2023
shall be considered the Master Plan for the Property. (P)
2. Building Size. A restaurant on the site with a drive
through pickup window shall have a maximum size of 2,500
square feet. (P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23SN0006
In Midlothian Magisterial District, Whaley Setback Exception
is a request for conditional use planned development to permit
exceptions to ordinance requirements and amendment of zoning
district map in a Residential (R-15) District on 0.39 acre
known as 10356 Jason Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Suburban Residential
II use (2 to 4 dwellings per acre). Tax ID 747-718-2628.
Ms. Hall introduced Case 23SN0006. She stated staff received
no comments on the case, and the Planning Commission and staff
recommended approval subject to the conditions in the staff
report.
Mr. Carroll called for public comment.
Mr. Michael Wilburn expressed concerns relative to an
encroachment on his property as a result of the conditional
use.
Discussion ensued relative to Mr. Wilburn’s questions and
concerns regarding the specifics of the zoning request.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Dr. Miller, seconded by Mr. Winslow, the Board
approved Case 23SN0006, subject to the following condition:
1. Side Yard Setback. The side yard setback from the eastern
property line for the existing principal dwelling shall
be a minimum of 3.6 feet as shown on Exhibit A. This
setback shall not apply to any new additions to the home
or accessory structures on the property. (P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
16. PUBLIC HEARINGS
16.A. TO CONSIDER THE FY2025 AND FY2026 TRANSPORTATION
ALTERNATIVES PROJECTS
Mr. Smith stated this date and time has been advertised for
the Board to consider the FY2025 and FY2026 Transportation
Alternatives Projects.
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Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Dr. Miller, the Board
appropriated up to $6,760,000 in anticipated VDOT
reimbursements, and transferred up to $1,352,000 in county
appropriations for local match funds.
And, further, the Board adopted the following resolution:
WHEREAS, it is necessary that the local governing body
request, by resolution, approval of a proposed transportation
alternatives project.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the Commonwealth
Transportation Board provide funding for the following
projects:
• Sturbridge Drive at Route 60 Signalized Pedestrian Crossing;
• Genito Road at Hull Street Road Signalized Pedestrian
Crossing;
• Beach Road at Ironbridge Road Signalized Pedestrian Crossing;
• Forest Hill Avenue (Choctaw Road – Anwell Drive) Sidewalk; •
Bon Air Pedestrian Improvements Phase II;
• Route 1 at Woods Edge Road Signalized Pedestrian Crossing;
and
• Bermuda Square and Breckenridge at Route 1 Pedestrian
Crossing.
AND, BE IT FURTHER RESOLVED that the Board hereby agrees
to pay 20 percent of the total cost of the projects, if selected
for Transportation Alternative Program funding.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
16.B. TO CONSIDER FY24-FY29 SECONDARY ROAD SIX-YEAR PLAN
AND FY24 SECONDARY ROAD IMPROVEMENT BUDGET;
APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
Mr. Smith stated this date and time has been advertised for
the Board to consider FY24-FY29 Secondary Road Six-Year Plan
and FY24 Secondary Road Improvement budget; appropriation of
funds and authorization to proceed.
Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the Chesterfield County Board of Supervisors and
the Virginia Department of Transportation (VDOT) have
conducted a public hearing on the FY24 through FY29 Secondary
Road SixYear Plan; and
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WHEREAS, the Board concurs with the proposed projects
identified in the Plan.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY24 through FY29
Secondary Road Six-Year Plan as presented by VDOT.
And, further, the Board adopted the following resolution:
WHEREAS, the Virginia Department of Transportation (VDOT)
has submitted its proposed FY24 Secondary Road Improvement
Budget to the county; and
WHEREAS, the Budget represents the implementation of the
first year of the FY24 through FY29 Secondary Road Six-Year
Plan adopted by the Board.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors approves the FY24 Secondary Road
Improvement Budget as presented by VDOT.
And, further, the Board adopted the following resolution:
WHEREAS, Bridle Path Court described below was
established prior to July 1, 1992, has provided continuous
public service since its establishment, and is now deemed to
provide sufficient public service to warrant its addition as
part of the secondary system of state highways,
NOW, THEREFORE, BE IT RESOLVED, this Board requests Bridle
Path Court be added to the secondary system of state highways,
pursuant to §33.2-335, Code of Virginia and the Rural Addition
Policy of the Virginia Department of Transportation:
Name of Street: Bridle Path Court From: Bridle Path Drive
(Route 1370) To: 0.03 mile west of Bridle Path Drive
(Route 1370) Length: 0.03 mile Guaranteed Minimum Right-
of-Way Width: 50 feet
BE IT FURTHER RESOLVED, this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary
easements for cuts, fills and drainage, and BE IT FURTHER
RESOLVED, that a certified copy of this resolution be forwarded
to the Resident Engineer of the Virginia Department of
Transportation.
And, further, the Board:
1. Appropriated anticipated VDOT reimbursements in the
amounts shown for the following projects:
a. Belmont Road (Whitepine Road to Concoran Drive) Drainage
Improvement - $500,000
b. Beach Road/Riverway Road Advisory Signs - $60,000
c. Otterdale Road at Harpers Mill Parkway Intersection Lighting
- $150,000
d. Otterdale Road at Hampton Park Drive Intersection Lighting
- $150,000
e. Weight-Restricted Bridge Permit Renewal (countywide) -
$210,000
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2. Authorized the County Administrator to enter into permits,
agreements, and contracts acceptable to the County Attorney;
and
3. Authorized the County Administrator to proceed with
engineering, right-of-way acquisitions, including the
advertisement of eminent domain public hearings if necessary
and to accept the conveyance of right-of-way and easements that
are required; and
3. Authorized the Chairman of the Board of Supervisors and
County Administrator to execute agreements for the relocation
of utilities.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
16.C. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT-OF-WAY FOR THE BAILEY BRIDGE
CONNECTOR PROJECT
Mr. Smith stated this date and time has been advertised for
the Board to consider the exercise of eminent domain for the
acquisition of right-of-way for the Bailey Bridge Connector
Project.
Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Ingle, the Board
approved the exercise of eminent domain for the acquisition of
right-of-way for the Bailey Bridge Connector Project.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
16.D. TO CONSIDER THE EXCHANGE OF PARCELS OF LAND
ASSOCIATED WITH THE RIGHT-OF-WAY AND EASEMENTS
REQUIRED FOR THE BAILEY BRIDGE CONNECTOR PROJECT
Mr. Smith stated this date and time has been advertised for
the Board to consider the exchange of parcels of land
associated with the right-of-way and easements required for
the Bailey Bridge Connector Project.
Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Ingle, the Board
approved the exchange of parcels of land associated with the
right-of-way and easements required for the Bailey Bridge
Connector Project.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
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16.E. TO ADOPT AN ORDINANCE TO VACATE A PORTION OF A 5’
EASEMENT ACROSS LOT 28, SUMMERFORD, SECTION A
Mr. Sasek stated this date and time has been advertised for
the Board to adopt an ordinance to vacate a portion of a 5’
easement across Lot 28, Summerford, Section A.
Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA ("GRANTOR") vacates to
SONG UK WEAVER and DONALD B. WEAVER, wife
and husband ("GRANTEE") a portion of a 5’ easement across
Lot 28, Summerford, Section “A”, MATOACA Magisterial
District, Chesterfield County, Virginia, as shown on a plat
thereof duly recorded in the Clerk's Office, Circuit Court,
Chesterfield County, Virginia in Plat Book 74, at Pages 10- 15.
WHEREAS, SONG UK WEAVER and DONALD B. WEAVER, petitioned the
Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 5’ easement
across Lot 28, Summerford, Section “A”, MATOACA Magisterial District, Chesterfield
County, Virginia more particularly shown on a plat of record in the Clerk's Office of the
Circuit Court of said County in Plat Book 74, Pages 10-15, by Balzer & Associates, Inc.,
dated September 19, 1990. The easement petitioned to be vacated is more fully described as
follows:
A portion of a 5’ easement, across Lot 28, Summerford,
Section “A”, the location of which is more fully shown on
EXHIBIT A, a copy of which is attached hereto and made a
part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of
Virginia, 1950, as amended, by advertising; and,
WHEREAS, no public necessity exists for the continuance of the easement sought to
be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the
aforesaid easement be and is hereby vacated.
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This Ordinance shall be in full force and effect in accordance with Section 15.2-2272
of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together
with the exhibit attached hereto shall be recorded no sooner than thirty days hereafter in the
Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2272 of
the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and
effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple
title to the easement hereby vacated in the property owner of Lot 28, within Summerford,
Section A, free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the names of the GRANTOR and
GRANTEE, or their successors in title.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
16.F. TO ADOPT AN ORDINANCE TO VACATE A PORTION OF A 16’
ALLEY, WITHIN BLOCK 16, REVISED PLAN OF RAYON PARK
Mr. Sasek stated this date and time has been advertised for
the Board to adopt an ordinance to vacate a portion of a 16’
alley, within Block 16, Revised Plan of Rayon Park.
Mr. Carroll called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Ingle, seconded by Mr. Winslow, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA ("GRANTOR") vacates to
RITA FAYE JENNINGS HUME, ALANDA L.
CHRISTIAN, SR. and SHIRLEY L. CHRISTIAN
("GRANTEES") a portion of a 16’ alley, Block 16, Revised
Plan of Rayon Park, BERMUDA Magisterial District,
Chesterfield County, Virginia, as shown on a plat thereof duly
recorded in the Clerk's Office, Circuit Court, Chesterfield
County, Virginia in Plat Book 4, at Page 150.
WHEREAS, RITA FAYE JENNINGS HUME, petitioned the Board of Supervisors
of Chesterfield County, Virginia to vacate a portion of a 16’ alley, Block 16, Revised Plan of
Rayon Park, BERMUDA Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County
in Plat Book 4, Page 150, by W.W. LaPrade Surveyor, last revised July 31, 1928. The alley
petitioned to be vacated is more fully described as follows:
A portion of a 16’ alley, Block 16, Revised Plan of Rayon Park,
the location of which is more fully shown on EXHIBIT A, a
copy of which is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-2204 of the Code of
Virginia, 1950, as amended, by advertising; and,
WHEREAS, no public necessity exists for the continuance of the alley sought to be
vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
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That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the
aforesaid portion of alley be and is hereby vacated.
This Ordinance shall be in full force and effect in accordance with Section 15.2-2272
of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together
with the exhibit attached hereto shall be recorded no sooner than thirty days hereafter in the
Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2272 of
the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-2274 is to destroy the force and
effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple
title to the portion of the alley hereby vacated in the property owners of the lots adjacent, free
and clear of any rights of public use.
GRANTOR hereby reserves a 16’ drainage easement across the portion of the above
vacated alley.
Accordingly, this Ordinance shall be indexed in the names of the GRANTOR and
GRANTEES, or their successors in title.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
17. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits and zoning
requests.
18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS
There were no requests to address the Board at this time.
19. ADJOURNMENT
On motion of Mr. Winslow, seconded by Mr. Ingle, the Board
adjourned at 9:14 p.m. until June 28, 2023, at 2:00 p.m. for a work session to be held in Room 502.
__________________________ ___________________________
Joseph P. Casey Kevin P. Carroll
County Administrator Chairman