2023-09-27 Minutes
23-263
9/27/2023
BOARD OF SUPERVISORS
MINUTES
September 27, 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. Winslow, seconded by Mr. Ingle, the Board
approved the minutes of August 23, 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
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
amended the agenda to move the Closed Session to the end of
the evening agenda.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
3. WORK SESSIONS
3.A. EVERYDAY EXCELLENCE
Dr. Joe Casey recognized storm team members from Parks and
Recreation, Parks Operations and Environmental Engineering as
the recipients of the September 2023 Everyday Excellence Award
for all they do to keep roadways clear of downed trees. Members
of the storm team are tasked with being ready either in advance
of weather or in situations where things come together
unexpectedly. They are called out during the event to help
keep roadways and county facilities clear.
Board members highly praised team members for their efforts
which play a critical part in emergency response operations.
23-264
9/27/2023
3.B. SCHOOL CAPITAL UPDATE
Mr. Scott Carson, director of construction for Chesterfield
County Public Schools, provided an update to the Board about
ongoing and planned school capital improvement projects. He
highlighted two major capital projects which include the
Falling Creek Middle School building construction and the West
Area Middle School building and site. He then provided
information relative to upcoming elementary school openings
which include AM Davis, Bensley, Western Area and Dale District
(contingent on funding and site location). In closing, he
highlighted information regarding the proposed Western Area
High School set to open in August 2027 with over 340,000 square
feet, multi-story, 2,400-student program capacity facility to
be located in western Chesterfield.
Discussion and questions ensued relative to the presentation.
3.C. TRANSPORTATION AND MOBILITY SERVICES UPDATE
Ms. Chessa Walker, acting director of the county’s Department
of Transportation, joined by Ms. Adrienne Torres, chief of
staff for Greater Richmond Transit Co., provided an update to
the Board relative to many roadway projects across the county
that are in various standing of planning, funding and execution
as well as updates about micro transit and bus service
enhancements planned in Chesterfield.
3.D. CHESTERFIELD HEALTH DISTRICT UPDATE
Dr. Alexander Samuel, joined by Ms. Jana Smith, population
health manager, provided an update to the Board relative to
COVID and general community health.
3.E. STATE BUDGET UPDATE AND JLARC REPORT OVERVIEW
Due to time constraints, the JLARC report overview was moved
to the evening agenda and the state budget update work session
was moved to the November agenda.
3.F. MENTAL HEALTH SUPPORT SERVICES UPDATE
Mr. Gib Sloan, chairman of the Community Services Board (CSB),
thanked the Board and County Administration for their ongoing
support. He recognized the outstanding efforts of the Social
Services staff for their tremendous support. He introduced Ms.
Kelly Fried, Executive Director of Mental Health, to provide
the Board with an update on the Social Services Board’s
activities.
Ms. Kelly Fried provided an update to the Board relative to
information describing performance achievements, community
partnerships and collaborations, and FY2023 accomplishments.
23-265
9/27/2023
3.G. CONSENT AGENDA HIGHLIGHTS
Deputy County Administrator Matt Harris updated the board on
various consent agenda highlights being proposed this evening
which include items, 13.B.5.a. Award of Construction Contract
for Proctors Creek Wastewater Treatment Plant Secondary Truck
Construction Entrance Project; 13.B.5.b. Award of Construction
Contract for Proctors Creek Wastewater Treatment Plant Sodium
Hypochlorite Tank Replacement Project; 13.B.5.c. Award of
Construction Contract for Hopkins Road to Route 1 Waterline
Improvements; 13.B.6.a. Set Public Hearing to Consider
Comprehensive Plan Amendment Relative to the Ridgedale Special
Focus Area Plan; 13.B.6.b. Set Public Hearing to Consider Code
Amendment Relative to Solar for Public Facilities; 13.B.7.
Authorize the Receipt of Funding from the Department of
Behavioral Health and Developmental Services; and 13.B.8.
Authorize the Receipt and Appropriation of Grant Funds from
the Department of Homeland Security for the 2022 Assistance to
Firefighters (AFG) Grant Program.
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
There were no requests to address the Board at this time.
7. RECESS FOR DINNER
On motion of Mr. Holland, seconded by Mr. Ingle, the Board
recessed for dinner with members of the Community Services
Board.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
Reconvening:
8. INVOCATION
The Honorable Mark Miller, Midlothian District Supervisor,
gave the invocation.
9. PLEDGE OF ALLEGIANCE
Deputy County Administrator Matt Harris led the Pledge of
Allegiance.
23-266
9/27/2023
10. COUNTY ADMINISTRATION UPDATE
10.A. RECOGNITION OF CHESTERFIELD COUNTY CENTENARIANS IN
HONOR OF NATIONAL CENTENARIAN DAY
Ms. Alexa van Aartrijk, Aging and Disability Services Manager,
stated National Centenarian’s Day is observed annually on
September 22 to honor individuals who are 100 years of age or
older. She stated the 10 remarkable centenarians being
recognized shared words of wisdom on the secret to their
longevity and advice to the younger generation. They project
an attitude of hope, care, and compassion for others. They are
pillars in their communities who live life with purpose and
stress the importance of resilience, relationships,
recreation, responsibility, and respect. Ms. Aartrijk extended
warm birthing greetings to the following centenarians who will
be 100 years of age or older in 2023:
Julia Mayfield
Anna Marie Browder Snelling
Alfred Johnson
Dorothy Thweatt
Sarah Harrison
Maria Thomas
Arlene Stanton
Gladys Kelly
Alfred “Happy” Hunter
Mary Hollyday
In addition, she wished a happy birthday to the following
alumni:
Elmer West Jr.
Phil White
Nicholas Kolesar
Benjamin Fenton
Robert Brown
Norma Schott
Lee Randolph Beale
Aaron Anderson Roberts Jr.
Marjorie Caldwell
In memoriam of:
Ruth Good
Laura Scott
Cleo Harris
Julia Scott
Bertha Brown
Adrian Clark
10.B. PREVIEW OF CHESTERFIELD-COLONIAL HEIGHTS 2023
CHRISTMAS MOTHER
Ms. Karen Reilly-Jones, assistant director of administration
and finance for Social Services, introduced Ms. Kath Fox, this
year’s Christmas Mother. Ms. Fox stated the mission of the
Chesterfield-Colonial Heights Christmas Mother program is to
ensure that no family is without food, no child is without
23-267
9/27/2023
toys, books or clothing, and no child or elder is forgotten as
we celebrate the holidays in our community. She further stated
the program has expanded over the years and currently managed
by a committee of volunteers. She stated the committee works
directly with the Department of Social Services, schools, and
churches to identify individuals and families in need.
10.C. LIFELONG LEARNING INSTITUTE UPDATE
Ms. Rachel Ramirez, executive director of the Lifelong Learning
Institute (LLI) provided an update to the Board relative to
programs LLI provides which include education, fitness, and
social opportunities to midlife and older adults in the
community. She stated LLI has grown in course offerings and
membership over the years and the positive impact they provide
the community is invaluable.
10.D. RECOGNITION OF RECENT AWARDS AND EMPLOYEE ACHIEVEMENTS
• Dr. Casey announced Chesterfield’s eGovernment Services
Team in IST was recognized at the Commonwealth of Virginia
Information Technology Symposium as the winner of the
Commonwealth Technology Award for “Innovative Use of Big
Data and Analytics” for their “Analytics Wrapped”
initiative.
• Dr. Casey congratulated the Parks and Recreation
Department, Youth Citizen Board, and the Citizen
Engagement and Resources Department for their efforts that
led to the county being awarded Best New DEI Initiative
in the above 200,000 category for their Youth Unity Day.
10.E. OTHER COUNTY ADMINISTRATION UPDATES
• Dr. Casey announced community recycling centers began
accepting drop-off recycling at seven county parks last
Friday. He stated locations include: Harry G. Daniel Park,
R. Garland Dodd Park, Ettrick Park, Goyne Park, Horner
Park, Huguenot Park, and Rockwood Park.
• Dr. Casey announced a polling place change in the
Midlothian District. He stated for residents of Precinct
518-Midlothian North, the polling place will now be the
Lifelong Learning Center, located at 13801 Westfield Road.
Mr. Matt Harris provided an update relative to current report
of the Joint Legislative Audit and Review Commission (JLARC).
He stated the study found that Virginia’s school divisions
receive 14 percent less funding from the stated than America’s
50-state average, equal to about $1,900 less per student. He
further stated the study found that the state’s Standards of
Quality formula used to calculate funding, did not account for
students with higher needs, regional labor costs and school
division size, leading to regularly underestimating the needs
of schools. He noted Chesterfield has long allocated funding
to their public schools that far exceeds what is mandated under
the Virginia Department of Education’s funding formula.
23-268
9/27/2023
Discussion and questions ensued relative to the findings of
the study, specifically calling on county and school leaders
to partner with regional peers and legislators and demand that
the state government adequately support K-12 education.
11. BOARD MEMBER REPORTS
Mr. Winslow announced he attended several events which included
the Clover Hill appointee appreciation event at the Diamond on
September 8; a district update to the Amberleigh HOA; Monacan
turf field ribbon cutting on September 15; Clarendon Park
ribbon cutting event on September 19; and the Copa Talento
announcement on September 20.
Mr. Holland announced he attended several events which included
a district update at the Fuqua Farms Civic Association; L.C.
Bird turf field ribbon cutting on August 24; Arts and Crafts
Building ribbon cutting on August 25; Watermark Gardens ribbon
cutting and tour on September 6; and the VACo regional meeting
on September 19.
Dr. Miller announced he attended several events which included
a district update for the Hallsley HOA; Midlothian Library
tour on August 30; Fire Station tour; welcoming week
celebration on September 9; and the Prince Hall Masons, Inc.
banquet on September 15.
Mr. Ingle announced he attended several events which included
the Civilian Military Council meeting on August 31; the Bermuda
District appointee appreciation event on September 23; and the
ARCpoint Labs ribbon cutting on September 26.
Mr. Carroll announced he attended several events which included
the Ettrick Elementary visit to the book vending machine on
September 8; the Persona de Poder annual awards ceremony on
September 16; and the Iron Bridge Recovery Center ribbon
cutting ceremony on September 26.
12. RESOLUTIONS AND SPECIAL RECOGNITIONS
12.A. RESOLUTION RECOGNIZING CORPORAL CYNTHIA H. LYONS-
CHAMBERS, POLICE DEPARTMENT, UPON HER RETIREMENT
Col. Jeffrey Katz introduced Corporal Cynthia H. Lyons-
Chambers, who was present to receive the resolution.
On motion of Mr. Carroll, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Corporal Cynthia H. Lyons-Chambers retired from
the Chesterfield County Police Department on September 1, 2023,
after providing 33 years of quality service to the residents
of Chesterfield County; and
WHEREAS, Corporal Lyons-Chambers began her career as a
Patrol Officer and continued to professionally serve the county
as a Detective, Detective First Class, Senior Police Officer,
Master Police Officer, Sergeant and Corporal; and
23-269
9/27/2023
WHEREAS, Corporal Lyons-Chambers also served during her
tenure as a Field Training Officer, Desk Officer, Evidence
Technician, General Instructor, Firearms Instructor, Peer
Counselor, and as a member of the Marine Patrol; and
WHEREAS, Corporal Lyons-Chambers earned a Life-Saving
Award for taking urgent and immediate action for an individual
suffering a heart attack, instructing his son on how to assist
her in administering two-person CPR and providing guidance and
encouragement to him until emergency medical assistance
arrived; and
WHEREAS, Corporal Lyons-Chambers was recognized with a
Meritorious Service Award for her demonstrated leadership and
extraordinary communication skills during her sixteen year
service on the Police Department’s Negotiation Team during
which she was involved in many hostage negotiation incidents;
and
WHEREAS, Corporal Lyons-Chambers received a Unit Citation
for her significant contributions to the success of the Police
Emergency Response Team and the state and national recognition
the unit received because of its unique working relationship
with the Chesterfield Mental Health Department; and
WHEREAS, Corporal Lyons-Chambers earned a Chief’s
Commendation for her teamwork and creativity in the development
of a 24-page pamphlet to accompany the TRUST training program
in Chesterfield schools, educating students on laws, police
work and how to responsibly handle police encounters; and
WHEREAS, Corporal Lyons-Chambers received two Achievement
Awards, one for her participation in the development of the
seminar, “Patrol Tactics for Female Police Officers”, and a
second award for her individual development and coordination
of a specialized School Resource Officer Training Program; and
WHEREAS, Corporal Lyons-Chambers was presented with an
Achievement Award for her efforts during the COVID pandemic to
utilize creative approaches to continue to deliver critical
training to police officers both virtually as well as through
the use of safety protocols for in-person classroom training
for officers and new recruits; and
WHEREAS, Corporal Lyons-Chambers is recognized for her
strong work ethic, her teamwork and her communications and
human relations skills, all of which she has utilized within
the Police Department and in assisting residents of
Chesterfield County during her career; and
WHEREAS, Corporal Lyons-Chambers has received numerous
letters of commendation, thanks and appreciation from
supervisors and residents for services rendered; and
WHEREAS, Corporal Lyons-Chambers 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 Lyons-Chambers' diligent service.
23-270
9/27/2023
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors publicly recognizes Corporal
Cynthia H. Lyons-Chambers and extends on behalf of its members
and the residents of Chesterfield County, appreciation for her
service to the county, congratulations upon her retirement,
and best wishes for a long and happy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this resolution
be presented to Corporal Lyons-Chambers, and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
Mr. Carroll presented the executed resolution to Corporal
Lyons-Chambers, who was accompanied by members of her family
in the audience and expressed appreciation for her outstanding
service to the county.
Dr. Casey presented Corporal Lyons-Chambers with an engraved
brick, expressed appreciation for her many years of dedicated
service to the county and wished her well in his retirement.
Corporal Lyons-Chambers expressed appreciation for staff whom
she worked with during her career.
A standing ovation followed.
12.B. RECOGNITION OF 2023 VIRGINIA ASSOCIATION OF COUNTIES
ACHIEVEMENT AWARD WINNERS
Mr. Dean Lynch, Executive Director for the Virginia Association
of Counties, presented the VACo awards and recognized employees
for their tremendous efforts. He stated the county also
received four Achievement Awards from the Virginia Association
of Counties (VACo), including one of the program’s highest
recognitions, the “Best Large County Achievement Award.” The
County has won a Best Large County Achievement Award, or Best
Achievement Award, every year since 2017.
13. NEW BUSINESS
13.A. APPOINTMENTS
13.A.1. GRTC TRANSIT SYSTEM BOARD OF DIRECTORS
On motion of Mr. Winslow, seconded by Dr. Miller, the Board
nominated and reappointed Mr. Jim Ingle, Ms. Barbara Smith,
and Mr. Dave Anderson to serve on the GRTC Board of Directors,
whose terms are effective October 21, 2023, and expire October
20, 2024.
And, further, the Board authorized the County Administrator or
his designee to appear at the annual meeting and vote on behalf
of the county for the GRTC Directors appointed by the
Chesterfield County Board of Supervisors, by the Richmond City
Council, and by the Henrico County Board of Supervisors.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23-271
9/27/2023
12.A.2. YOUTH ADVISORY BOARD
On motion of Mr. Winslow, seconded by Dr. Miller, the Board
nominated/appointed the following individuals to serve on the
Youth Advisory Board:
• Sophia Burgess, Monacan High School (Term: 9/27/2023-
6/30/2024)
• Elizabeth Radgowski, Clover High School (Term: 9/27/2023 -
6/30/2025)
• Audrey Shepley, Monacan High School (Term: 9/27/2023 -
6/30/2025)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
12.A.3. HEALTH CENTER COMMISSION (HCC) FOR THE COUNTY OF
CHESTERFIELD
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
nominated/appointed Mr. John V. Hilliard, Jr., a Matoaca
District resident, to serve on the Health Center Commission
(HCC) for the County of Chesterfield, whose term is effective
immediately and expires June 30, 2027.
Ayes: Carroll, Ingle, Winslow, Holland and Miller. Nays: None.
12.A.4. TOWING ADVISORY BOARD
On motion of Mr. Holland, seconded by Dr. Miller, the Board
nominated/appointed Captain Michael Breeden and Sergeant
Michael Lasora to serve on the Towing Advisory Board, whose
terms are effective immediately and will expire on August 31,
2025.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B. CONSENT ITEMS
13.B.1. ADOPTION OF RESOLUTIONS
13.B.1.a. RESOLUTION RECOGNIZING ELIZABETH A. BROOKS,
UTILITIES DEPARTMENT, UPON HER RETIREMENT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Elizabeth Ann Brooks will retire from the Chesterfield
County Utilities Department on September 1, 2023, after providing
over 27 years of quality service to the residents of Chesterfield
County; and
WHEREAS, Ms. Brooks has faithfully served the county in the
capacity of Principal Customer Service Representative in Billing
Customer Service and Customer Service Supervisor in New
Construction for seventeen years, and Customer Operations
Administrator for over ten years; and
23-272
9/27/2023
WHEREAS, on March 25, 1996, Ms. Brooks began her contributions to
the Utilities Department where she faithfully remained and served until
her retirement assisting customers with water and wastewater concerns
during a period when the customer base grew from 24,624 customers to
120,978 customers; and
WHEREAS, Ms. Brooks was responsible for managing and coordinating
the activities of billing and customer service, field services, and new
constructions; and
WHEREAS, Ms. Brooks possessed considerable knowledge, skills, and
abilities in customer service principles and practices for public water
and wastewater systems and was proficient in the use of problem-solving
techniques to resolve customer issues; and
WHEREAS, Ms. Brooks was extremely customer service oriented and
dedicated to her job, with an unwavering resolve to treat citizens as
she would want to be treated, all while protecting the reputation of
the Utilities Department as an organization and providing world class
customer service; and
WHEREAS, Ms. Brooks was the creator of many written Department of
Utilities’ policies and procedures where she was committed to
documenting practices to ensure all customers were treated equitably;
and
WHEREAS, Ms. Brooks was noted for innovative practices and
programs, and on behalf of the Department of Utilities applied for and
received 19 National Association of County awards and one Virginia
Association of County award; and
WHEREAS, Ms. Brooks was a friend, co-worker, and mentor to the
many staff and residents of the county and achieved her reputation
through many trainings provided to staff and her willingness to share
her knowledge.
NOW, THEREFORE, BE IT RESOLVED the Chesterfield County Board of
Supervisors recognizes the outstanding contributions of Ms. Elizabeth
Ann Brooks and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for her service to the county,
congratulations upon her retirement, and best wishes for a long
and happy retirement.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.1.b. RESOLUTION RECOGNIZING CORPORAL THOMAS D.
KENDALL, POLICE DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Corporal Thomas D. Kendall will retire from the
Chesterfield County Police Department on October 1, 2023, after
providing 24 years of quality service to the residents of
Chesterfield County; and
WHEREAS, Corporal Kendall began his career as a Patrol
Officer and continued to professionally serve the county as a
23-273
9/27/2023
Senior Police Officer, Master Police Officer, Career Police
Officer and Corporal; and
WHEREAS, Corporal Kendall also served during his tenure
for over fifteen years as a Campus Resource Officer and School
Resource Officer; and
WHEREAS, Corporal Kendall earned a Life-Saving Award for
responding to a house fire, entering a smoke-filled home after
being told there was an elderly lady inside and working with
others who had arrived on scene to wrap her in sheets and
remove her and her medical equipment from the house; and
WHEREAS, Corporal Kendall received a Unit Citation for
the high volume and quality of work performed by the School
Resource Officers which resulted in words of praise and
appreciation from teachers and administrators at their schools;
and
WHEREAS, Corporal Kendall earned a Chief’s Commendation
for exemplary teamwork with other officers for successfully
arresting an armed suspect who would not give up his weapon
and who by all accounts was attempting to force officers to
end his life; and
WHEREAS, Corporal Kendall was recognized for his
contributions to the Communities in Schools (CIS) program whose
mission is to surround students with community support, and
furthered that mission through his daily one-on-one mentoring
and counseling with students in need of a father figure; and
WHEREAS, Corporal Kendall is recognized for his strong
work ethic, 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 Kendall has received numerous letters
of commendation, thanks and appreciation from supervisors and
residents for services rendered; and
WHEREAS, Corporal Kendall 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 Kendall's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors publicly recognizes Corporal Thomas
D. Kendall 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.
23-274
9/27/2023
13.B.1.c. RESOLUTION RECOGNIZING FIREFIGHTER MICHAEL T.
SCHOOLS, FIRE AND EMERGENCY MEDICAL SERVICES
DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Firefighter Michael Todd Schools retired from
the Chesterfield County Fire and Emergency Medical Services
Department, Chesterfield County, on September 1st, 2023; and
WHEREAS, Firefighter Schools completed Recruit School #31
and has faithfully served Chesterfield County for twenty-one
years in various assignments as a firefighter at the
Manchester, Bon Air, Buford, Courthouse Road, Swift Creek,
Dutch Gap, and Ettrick Fire and EMS Stations; and
WHEREAS, Firefighter Schools received his Firefighter
Specialist qualification in 2008; and
WHEREAS, Firefighter Schools served as a member of the
Specialty Sewing Shop in 2008; and
WHEREAS, Firefighter Schools served as a member of the
Toxic Exposure Reduction Workgroup beginning in 2010; and
WHEREAS, Firefighter Schools was awarded an EMS Unit
Citation for his involvement in the successful outcome of a
patient suffering cardiac arrest on February 9, 2008; and
WHEREAS, Firefighter Schools was awarded an EMS Unit
Citation for his involvement in the successful outcome of an
unresponsive patient displaying signs of a cardiac episode on
April 15, 2008; and
WHEREAS, Firefighter Schools was awarded a Unit Citation
for his involvement in the successful outcome of a motor
vehicle crash with residents trapped on July 11, 2008; and
WHEREAS, Firefighter Schools was awarded a Unit Citation
for his involvement in the successful outcome of a motor
vehicle crash involving multiple victims and one vehicle
heavily involved in fire with occupants trapped on November 9,
2013; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the valuable
contributions of Firefighter Michael T. Schools, expresses the
appreciation of all residents for his service to the county,
and extends appreciation for his dedicated service and
congratulations upon his retirement.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23-275
9/27/2023
13.B.1.d. RESOLUTION RECOGNIZING DONNY STRATIOU, INFORMATION
SYSTEMS TECHNOLOGY DEPARTMENT, UPON HIS RETIREMENT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Donny Stratiou retired from the Chesterfield
County Information Systems Technology Department on October 1,
2023, after providing 24 years of quality service to the
citizens of Chesterfield County; and
WHEREAS, Mr. Stratiou faithfully served in the capacity
of Programmer Analyst, Senior Programmer Analyst, Lead
Programmer Analyst and Information Technology Specialist III;
and
WHEREAS, Mr. Stratiou worked with and supported many
departments including Utilities, Treasurer, Commissioner of
the Revenue, Accounting, Human Resources, Building Inspection,
Police, Fire and EMS, and Real Estate Assessor; and
WHEREAS, Mr. Stratiou was instrumental in delivering key
systems including Employee Self-Service (ESS), InFocus
Enterprise Resource Planning, Crystal Server 2020, Year 2000
Mainframe Conversion, Taxation and Revenue Management System,
Real Estate Assessor READ Online System, and numerous others;
and
WHEREAS, Mr. Stratiou is devoted to continuous learning,
graduating from the Chesterfield University Total Quality
Improvement program, completing numerous training courses
including "Implementing a Data Warehouse with Microsoft SQL
Server" and "Microsoft's Professional Developers Conference
(PDC)"; and
WHEREAS, Mr. Stratiou was proficient in a wide variety of
technologies including Mainframe, Structured Query Language,
Visual Studio, SQL Server, LoadRunner, Silk Performer,
SharePoint, Microsoft Dynamics CRM, Azure Cloud Technologies
and many more; and
WHEREAS, Mr. Stratiou served on the Information Systems
Technology goal team for customer satisfaction and the
technology standards team; and
WHEREAS, Mr. Stratiou made important contributions to the
Information Systems and Technology Data and Analytics Team,
providing insights to legacy data and integrating data for use
in advanced analytics and data models; and
WHEREAS, Mr. Stratiou received many accolades and awards
over the years for his professionalism, creative ideas and on-
time delivery of project requests; and
WHEREAS, Chesterfield County and the Board of Supervisors
will miss Mr. Stratiou’s diligent service, calm demeanor and
pleasant personality.
NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield
County Board of Supervisors, this 27th day of September 2023,
23-276
9/27/2023
publicly recognizes Mr. Donny Stratiou, and extends on behalf
of its members and the citizens of Chesterfield County,
appreciation for his service to the county, congratulations
upon his retirement, and best wishes for a long and happy
retirement.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Stratiou, 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.
13.B.2. REAL PROPERTY REQUESTS
13.B.2.a. ACCEPTANCE OF PARCELS OF LAND
13.B.2.a.1. ACCEPTANCE OF PARCEL OF LAND AT THE TERMINUS OF
CHESTNUT HILL ROAD FROM SHAMIN CHESTNUT HILL,
LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 1.094
acres at the terminus of Chestnut Hill Road from Shamin
Chestnut Hill, LLC and authorized the County Administrator to
execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.2.a.2. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO GENITO
ROAD FROM 38443 MIDLOTHIAN VA, LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of two parcels of land containing a
total of 0.177 acres adjacent to Genito Road from 38443
Midlothian Va, LLC and authorized the County Administrator to
execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.2.a.3. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO
GENITO ROAD FROM HAMLET FALLING CREEK, LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of two parcels of land containing a
total of 3.429 acres adjacent to Genito Road from Hamlet
Falling Creek, LLC and authorized the County Administrator to
execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23-277
9/27/2023
13.B.2.a.4. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO COACH
ROAD FROM ACI SUFFOLK, LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 0.141
acres adjacent to Coach Road from ACI Suffolk, LLC and
authorized the County Administrator to execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.2.a.5. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO LE
GORDON DRIVE FROM MIDLO-LEGORDON LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 0.012
acres adjacent to Le Gordon Drive from Midlo-Legordon LLC and
authorized the County Administrator to execute the deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.2.a.6. ACCEPTANCE OF PARCELS OF LAND ALONG ASHLAKE
PARKWAY FROM ASHLAKE CROSSING, LLC AND ASHLAKE
TRAILS, LLC
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of three parcels of land containing a
total of 0.065 acres along Ashlake Parkway from Ashlake
Crossing, LLC and Ashlake Trails, LLC and authorized the County
Administrator to execute the deeds.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.2.a.7. ACCEPTANCE OF A PARCEL OF LAND ALONG SIMONSBATH
DRIVE FROM DOUGLAS R. AND SUSAN S. SOWERS
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted the conveyance of a parcel of land containing 0.092
acres along Simonsbath Drive from Douglas R. and Susan S.
Sowers and authorized the County Administrator to execute the
deed.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.2.b. CONVEYANCE OF EASEMENTS
13.B.2.b.1. TO CONSIDER CONVEYANCE OF AN EASEMENT TO
VIRGINIA ELECTRIC AND POWER COMPANY AT HENRICUS
PARK
On motion of Mr. Holland, seconded by Mr. Winslow, 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.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23-278
9/27/2023
13.b.2.c. REQUESTS FOR PERMISSION
13.b.2.c.1. REQUEST PERMISSION TO CONNECT PROPERTY AT 624
NORWOOD DRIVE TO THE CITY OF COLONIAL HEIGHTS’
SEWER AND WATER SYSTEMS
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
granted Bobby D. Hines, Jr. and Christine W. Hines permission
to connect property at 624 Norwood Drive to the City of
Colonial Heights’ sewer and water systems and authorized the
County Administrator to execute the sewer and water connection
agreement in a form acceptable to the County Attorney.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.3. AUTHORIZE USE OF DISTRICT ENHANCEMENT CAPITAL
IMPROVEMENT FUNDS (DECIF)
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized the use of District Enhancement Capital Improvement
funds as outlined in the Summary of Information section,
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.
13.B.4. ADOPTION OF THE 2024 LEGISLATIVE PROGRAM
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the 2024 Legislative Program.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.5. AWARD OF CONSTRUCTION CONTRACT
13.B.5.a. FOR PROCTORS CREEK WASTEWATER TREATMENT PLANT
SECONDARY TRUCK CONSTRUCTION ENTRANCE PROJECT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized the Director of Procurement to award the
construction contract to WACO, Inc in the amount of $1,193,000
and execute all necessary change orders up to the full amount
budgeted for the Proctors Creek Wastewater Treatment Plant
Secondary Truck Construction Entrance.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23-279
9/27/2023
13.B.5.b. AWARD OF CONSTRUCTION CONTRACT FOR PROCTORS
CREEK WASTEWATER TREATMENT PLANT SODIUM
HYPOCHLORITE TANK REPLACEMENT PROJECT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized the Director of Procurement to award the
construction contract to Gibson Industrial Inc. in the amount
of $989,756 and execute all necessary change orders up to the
full amount budgeted for the Proctors Creek Wastewater
Treatment Plant Sodium Hypochlorite Tank Replacement Project.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.5.c. FOR HOPKINS ROAD TO ROUTE 1 WATERLINE
IMPROVEMENTS
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized the Director of Procurement to award the
construction contract to Bridgeman Underground Inc. in the
amount of $7,919,697 and execute all necessary change orders
up to the full amount budgeted for the Hopkins Road to Route
1 Waterline Improvements project.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.6. SET PUBLIC HEARING
13.B.6.a. TO CONSIDER COMPREHENSIVE PLAN AMENDMENT RELATIVE
TO THE RIDGEDALE SPECIAL FOCUS AREA PLAN
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
set a public hearing for the October 25, 2023, meeting to
consider Comprehensive Plan amendment relative to the
Ridgedale Special Focus Area Plan.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.6.b. TO CONSIDER CODE AMENDMENT RELATIVE TO LIMITED SOLAR
FOR PUBLIC FACILITIES
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
set a public hearing for the October 25, 2023, meeting to
consider a code amendment relative to limited solar for public
facilities.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.7. AUTHORIZE THE RECEIPT OF FUNDING FROM THE
DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL
SERVICES
23-280
9/27/2023
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved the receipt of one-time state & local fiscal recovery
funding for the Community Services Board in the amount of
$500,000 to modernize IT infrastructure regarding data,
business analytics, and critical operating systems, including
financial management, that will enhance the CSB’s ability to
comply with ongoing and evolving data sharing, fiscal, and
reporting requirements between DBHDS and the CSB.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.8. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY
FOR THE 2022 ASSISTANCE TO FIREFIGHTERS (AFG)
GRANT PROGRAM
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized the Fire and EMS Department, to receive and
appropriate $313,880 in grant funds from the Department of
Homeland Security, 2022 Assistance to Firefighters (AFG) Grant
Program, to provide a multicancer early detection screening
test for the members of Chesterfield Fire and EMS.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.9. ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE
FEDERAL AVIATION ADMINISTRATION (FAA) AND
VIRGINIA DEPARTMENT OF AVIATION (DOAV) FOR
EASEMENT ACQUISITION FOR THE CHESTERFIELD COUNTY
AIRPORT RUNWAY EXTENSION PROJECT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted and appropriated grant funds from the FAA and DOAV
for easement acquisition for the Chesterfield County Airport
Runway Extension Project.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.10. ENDORSEMENT OF CANDIDATE PROJECTS FOR CENTRAL
VIRGINIA TRANSPORTATION AUTHORITY REGIONAL
FUNDING
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution endorsing the candidate
projects for Central Virginia Transportation Authority
regional funding and authorized staff to submit funding
requests for the projects:
WHEREAS, the transportation network in Chesterfield
County includes roads that are important to the Central
Virginia region’s transportation system; and
WHEREAS, Chesterfield County has identified improvements
to regional roads located in the county; and
23-281
9/27/2023
WHEREAS, the Central Virginia Transportation Authority
has funding designated for regional transportation
improvements.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County requests the Central
Virginia Transportation Authority provide funding for the
following CVTA Regional Fund candidate projects:
Route 360 (Woodlake Village Parkway – Otterdale Road)
Widening
288/360: Route 288 Southbound CD Road with Genito Ramp
Powhite Parkway Extended, Phase I
PE-only: Bellwood Connector
Route 60 (Village of Midlothian) Corridor Enhancements
Busy Street Extension
Huguenot Road (Cranbeck Road – Robious Road) Congestion
and Safety Improvement
Fall Line Trail
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.11. AUTHORIZATION AND RESOLUTION OF SUPPORT FOR
RECONNECTING COMMUNITIES AND NEIGHBORHOODS
PLANNING GRANT
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
authorized staff to submit a Reconnecting Communities and
Neighborhoods planning grant request and adopted the following
resolution of support for the project:
WHEREAS, the Reconnecting Communities and Neighborhoods
(RCN) Program's purpose is to reconnect communities by
removing, retrofitting, or mitigating transportation
facilities like highways or rail lines that create barriers to
community connectivity; and
WHEREAS, the RCN grant program will fund capital and
planning projects that improve mobility, access or economic
development.
NOW THEREFORE BE IT RESOLVED, that the Board of
Supervisors of Chesterfield County requests Reconnecting
Communities and Neighborhoods planning grant funding for the
Route 150/Route 360 Active Transportation Safety Improvements
project.
AND, BE IT FURTHER RESOLVED that the Board hereby agrees
to pay 20% of the total estimated cost for the planning
project.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23-282
9/27/2023
13.B.12. ACCEPTANCE OF FY2024 FEDERAL TRANSIT
ADMINISTRATION (FTA) SECTIONS 5310 OPERATING AND
MOBILITY MANAGEMENT FUNDING
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
accepted and appropriated FY2024 Federal Transit
Administration (FTA) Section 5310 Operating and Mobility
Management Funding, in the amount of $375,000, from the
Virginia Department of Rail and Public Transportation.
$300,000 for purchased transportation is used solely to provide
accessible transport to individuals with disabilities. $75,000
for the continued work of a full-time grant-funded
Transportation Program Coordinator (Mobility Coordinator) to
support the Access On Demand service.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.13. APPROPRIATION OF SURPLUS CHESTERFIELD TRANSIENT
LODGING TAX COLLECTIONS TO FUND SPORTS FACILITY
IMPROVEMENTS AT DANIEL PARK AT IRON BRIDGE
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
appropriated Chesterfield transient lodging tax collections
for softball complex improvements at Daniel Park at Iron
Bridge.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.14. UPDATE TO BACKGROUND CHECK POLICY FOR COUNTY CO-
SPONSORED YOUTH ORGANIZATIONS
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved the update to the background check policy for county
co-sponsored youth organizations.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
13.B.15. CHESTERFIELD COUNTY PROCESS FOR REQUESTING GOLF
CART AND UTILITY VEHICLE DESIGNATION
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the Chesterfield Count process for requesting golf cast
and utility vehicle designation.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
14. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Nicole Martin, president of the Chesterfield NAACP,
addressed the Board relative to the Dominion Energy’s’ proposed
methane gas power plant in the county.
23-283
9/27/2023
Mr. Chip Carbienor addressed the Board relative to zoning
decisions and the planning process.
Ms. Jessica Schneider addressed the Board relative to district
satellite voting locations.
Ms. Lindsey Dougherty addressed the Board relative to
disparities in county services and programs.
Mr. Jerry Turner addressed the Board relative to the zoning
decisions and the planning process.
15. DEFERRED ITEMS FROM PREVIOUS MEETINGS
There were no deferred items from previous meetings.
16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA
Ms. 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.
23SN0022
In Clover Hill Magisterial District, Youngblood Properties
Rezoning is a request to rezone from Agricultural (A) to
Residential (R-12) plus conditional use planned development
for an exception to ordinance requirements for a buffer and
amendment of zoning district map on 1.66 acres known as 210
Courthouse Road. Density will be controlled by zoning
conditions or ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Residential: 2.5
dwellings/acre or less and Suburban Residential II use (2 to
4 dwellings per acre). Tax ID 744-701-5183.
Ms. Hall introduced Case 23SN0022. 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. Jerry Turner addressed the Board relative to the
possibility of a sidewalk in front of the proposed development.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved Case 23SN0022, subject to the following proffered
conditions:
1. Master Plan. The Master plan for the property shall
consist of the following:
a. Textual statement dated August 8, 2023.
b. Conceptual Layout: The site shall be
23-284
9/27/2023
developed into four R-12 lots accessing Elm
Crest Drive in general conformance with
Exhibit A, attached. (P)
2. Minimum Finished Area. Homes shall be a minimum of 2,500
square feet. (P)
3. Elevations. Homes are to be built with general
conformance to the architectural appearance shown on
the plans and photos in Exhibit B.
a. Roof materials shall be 30 year
dimensional/architectural asphalt composition
shingles or standing seam metal.
b. Homes shall be clad in siding, including but not
limited to lap siding, shake siding and board and
batten siding, as well as brick or stone veneer.
Siding products may be .44 vinyl, fiber cement or
wood composite. Other materials may be used for
cornices, surrounds, trim, architectural details
or decorations and other design elements.
c. Foundation shall be finished in brick or stone.
Other than direct vent fireplaces, no fireplace
or chimney shall cantilever.
d. Garages shall be attached, and side loading.
Garages visible from the roadway shall use an
upgraded garage door. An upgraded garage door is
any door with a minimum of three (3) enhanced
features. Enhanced features shall include
windows, raised panels, decorative panels,
arches, hinge straps or other architectural
features on the exterior that enhance the entry
(i.e., decorative lintels, shed roof overhangs,
arches, columns, keystones, eyebrows, etc.).
Flat panel garage doors are prohibited.
e. Driveways shall be constructed of asphalt or
concrete, including brushed concrete, stamped
concrete and exposed aggregate concrete. All
driveways will be on the right-hand side of
the parcel, as viewing the home from the
street. (P)
4. Utilities. The public water and wastewater systems shall
be used. (U)
5. Foundation Plantings. Foundation planting bed shall be
required along the entire façade of the buildings which
face public streets, excluding decks, stoops, porches,
patios, architectural features, and garages.
Additionally, a minimum of two (2) trees shall be
planted on each lot prior to the issuance of a
certificate of occupancy, measuring a minimum of two
(2) inches in caliper in size. (P)
6. Road Cash Proffers. The Owner, Developer, Applicant,
Sub-divider, or Assignee(s) shall pay $ 9,400.00 for
each dwelling unit to County of Chesterfield (“County”)
for road improvements within the service district for
the Property. Each payment shall be made prior to the
issuance of a certificate of occupancy for a dwelling
23-285
9/27/2023
unit unless state law modifies the timing of the
payment. Should the County impose impact fees at any
time during the life of the development that are
applicable to the Property, the amount paid in road
cash proffers shall be in lieu of or credited toward,
but not be in addition to, any impact fees, in a manner
determined by the County. (B&M)
7. Vehicular Access. The Property shall have no direct access
to Courthouse Road. (P)
8. Stormwater Management. The downstream 100-year
backwater or flood plain elevation shall not be
increased as a result of this project. On-site
detention of the post-development 100-year discharge
rate to below the pre- development 100-year discharge
rate may be provided to satisfy this requirement. (EE)
9. Heating, Ventilation and Air Conditioning (HVAC) Units
and House Generators. Units adjacent to public right
of way shall be screened from view by landscaping or
low maintenance material, as approved by the Planning
Department. (P)
10. HOA Membership. Within 90 days of recordation of the
Elm Crest 2 Subdivision Plat, the applicant or the
successors or assigns, shall join the Elm Crest
Homeowners’ Association. (P)
11. Buffer Ownership. The 35’ buffer adjacent to Courthouse
Road shall be transferred to the Elm Crest Homeowner’s
Association for long-term ownership and maintenance. (P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23SN0051
In Midlothian Magisterial District, Pare-Ikley Fence Height is
a request for conditional use planned development to permit
exceptions to ordinance requirements and amendment of zoning
district map in a Residential (R-7) District on 0.38 acre known
as 1112 Chiswick 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 761-712-2026.
Ms. Hall introduced Case 23SN0051. 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 Dr. Miller, seconded by Mr. Carroll, the Board
approved Case 23SN0051, subject to the following conditions:
23-286
9/27/2023
1. The fence shall be maintained in the same general location
as depicted in Figure 3 of this report, with a maximum
height of ten (10) feet. In addition to general
maintenance, the fence may be replaced as needed, but
shall not be expanded or enlarged or substantially deviate
from the location depicted in Figure 3. (P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23SN0054
In Clover Hill Magisterial District, Claudio Family Day Care
Home is a request for conditional use to permit a family day
care home and amendment of zoning district map in a Residential
(R-9) District on 0.39 acre known as 11119 Dumaine Drive.
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 744-686-7981.
Ms. Hall introduced Case 23SN0054. 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 Mr. Holland, the Board
approved Case 23SN0054, subject to the following conditions:
1. Non-Transferable Ownership. This conditional use approval
shall be granted to and for Jessica Claudio, exclusively,
and shall not be transferable nor run with the land. (P)
2. Expansion of Use. There shall be no exterior additions or
alterations to the existing structure to accommodate this
use. (P)
3. Signage. There shall be no signs permitted to identify
this use. (P)
4. Number of Children. This conditional use approval shall
be limited to providing care, protection, and guidance to
a maximum of twelve (12) children, other than the
applicant’s own children, at any one time. (P)
5. Days and Hours of Operation. Hours and days of operation
shall be limited to Monday through Friday from 7 a.m. to
5:30 p.m. There shall be no Saturday or Sunday operation
of this use. (P)
6. Pick-up and Drop-off. Pick-up and drop-off shall be
between the hours of 7 a.m. to 5:30 p.m. (P)
23-287
9/27/2023
7. Time Limitation. This conditional use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
8. Outdoor Play Areas. Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four (4)
feet in height, installed around the equipment or play
area. Equipment for outdoor play areas shall be located
no closer than ten (10) feet to the side or rear property
lines. (P)
9. Employees. No more than one (1) employee shall be
permitted to work on the premises, other than family
member employees that live on the premises. (P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23SN0063
In Clover Hill Magisterial District, Sellars Family Day Care
Home is a request for conditional use to permit a family day
care home and amendment of zoning district map in a Residential
(R-7) District on 0.26 acre known as 601 Marblethorpe Road.
Density will be controlled by zoning conditions or ordinance
standards. The Comprehensive Plan suggests the property is
appropriate for Suburban Residential II (2 to 4 dwellings per
acre) use. Tax ID 747-700-0870.
Ms. Hall introduced Case 23SN0063. 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 Mr. Holland, the Board
approved Case 23SN0063, subject to the following conditions:
1. Non-Transferable Ownership. This conditional use
approval shall be granted to and for Shemik Sellars,
exclusively, and shall not be transferable nor run with
the land. (P)
2. Expansion of Use. There shall be no exterior additions or
alterations to the existing structure to accommodate the
use. (P)
3. Signage. There shall be no signs permitted to identify
this use. (P)
4. Number of Children. This conditional use approval shall
be limited to providing care, protection and guidance to
23-288
9/27/2023
a maximum of twelve (12) children, other than the
applicant’s own children, at any one time. (P)
5. Hours of Operation. Hours and days of operation shall be
limited to Monday through Friday 7 a.m. to 6 p.m. There
shall be no Saturday or Sunday operation of this use. (P)
6. Time Limitation. This conditional use approval shall not
be subject to a time limitation. (P)
7. Fenced Outdoor Play Areas. Any outdoor play area and/or
recreational equipment utilized by the family day-care
home shall be located in the side or rear yard of the
property. Outdoor play and/or recreational equipment
areas shall have perimeter fencing of at least four (4)
feet in height, installed around the equipment or play
area. Equipment for outdoor play areas shall be located
no closer than ten (10) feet to the side or rear property
lines. (P)
8. Employees. No more than three (3) employees shall be
permitted to work on the premises, other than family
member employees who live on the premises. (P)
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
17. PUBLIC HEARINGS
17.A. TO APPROPRIATE FUNDS AND GRANT AUTHORIZATION TO
PROCEED FOR TRANSPORTATION PROJECTS
Ms. Chessa Walker stated this date and time has been advertised
for the Board to appropriate funds and grant authorization to
proceed for transportation projects.
Mr. Carroll called for public comment.
Ms. Renae Eldred voiced her support of the proposal.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
took the following actions:
1. Appropriated $67,164,604 in anticipated VDOT and federal
reimbursements;
2. Authorized the County Administrator to enter into
agreements/contracts with VDOT and FHWA, permits/mitigation
agreements and surety agreements, acceptable to the County
Attorney;
3. Authorized the County Administrator to proceed with the
design and right-of-way acquisitions, including advertisement
of eminent domain public hearings if necessary, and to accept
the conveyance of right-of-way and easements that are acquired;
4. Authorized the Chair of the Board of Supervisors and County
Administrator to execute easement agreements for relocation of
utilities; and
23-289
9/27/2023
5. Authorized the Procurement Director to proceed with the
advertisements for construction contracts for the projects.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
17.B. TO CONSIDER AMENDING SECTIONS 15-91 THROUGH 15-101,
AND ENACTING SECTIONS 15-102 THROUGH 15-106, OF THE
COUNTY CODE RELATING TO REGULATIONS FOR MASSAGE
CLINICS AND LICENSED MASSAGE THERAPISTS
Mr. Jeff Mincks stated this date and time has been advertised
for the Board to consider amending Sections 15-91 through 15-
101, and enacting Sections 15-102 through 15-106, of the County
Code relating to regulations for massage clinics and licensed
massage therapists. He further stated the county currently
regulates massage clinics and licensed massage therapists in
Chapter 15 of the County Code. Although the County has
regulated massages since at least the 1970s, the regulations
have been amended over the years to address societal changes
as well as changes in the massage therapist profession. He
stated although most massage clinics provide legitimate,
professional, and therapeutic support for wellness and good
health, over the last few years there has been a nationwide
explosion of illicit “massage shops” that are masquerading as
legitimate businesses. He further stated among other illegal
activities, these transnational criminal enterprises have
engaged in prostitution and human trafficking. He stated based
on these new challenges, the Police Department and County staff
recommend that the Board consider additional changes to the
County’s massage ordinance. He further stated among other
things, the proposed amendments would: (1) reinstitute a
requirement for both massage clinics and massage therapists to
obtain a permit from the County, which will include a criminal
background check; (2) require the clinic and therapists to
display their County permits publicly; (3) issue photo
identification cards to therapists that must be produced upon
inspection of the Police Department; (4) require clinics to
maintain a register containing the name and date of employment
of each licensed therapist employed at the clinic; (5)
establish hours of operation for massage clinics; (6) modify
the definition of massage in accordance with current State Law
definitions; (7) provide for revocation of the County permits
if the ordinance is violated; and (8) authorize civil action
by the County Attorney to ensure compliance with the ordinance
(this is in addition to potential criminal prosecution by the
Commonwealth Attorney). In addition, he stated the proposed
ordinance amendment would require existing massage clinics and
massage therapists doing business in the county to apply for
a county permit within 60 days of the adoption of the
ordinance. He noted county staff has already begun to contact
such businesses to help usher them through the new regulatory
process if adopted by the Board.
Mr. Carroll called for public comment.
Ms. Renae Eldred inquired about how a person could report a
business that is operating under illegal circumstances.
23-290
9/27/2023
Mr. James Regal addressed the Board relative to a current
business conducting illegal operations in the county.
There being no one else to speak to the issue, the public
hearing was closed.
Discussion and questions ensued relative to the proposed
ordinance regulations.
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING SECTIONS 15-91 THROUGH 15-101 AND
ENACTING SECTIONS 15-102 THROUGH 15-106 RELATING TO REGULATIONS
FOR MASSAGE CLINICS AND LICENSED MASSAGE THERAPISTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 15-91 through 15-101 are amended and Sections 15-102 through 15-
106 of the Code of the County of Chesterfield, 1997, as amended, are enacted to read as
follows:
CHAPTER 15
REGULATED OCCUPATIONS AND SERVICES
ooo
ARTICLE V. ADMINISTRATION OF MASSAGE FOR CONSIDERATION
ooo
Sec. 15-91. - Definitions.
For this article, the following words and phrases shall have the following meanings:
Barber shop means an establishment which provides one or more of the following
services in exchange for consideration: hair care, makeovers, facials, manicures, pedicures,
or body waxing.
Beauty salon means an establishment which provides one or more of the following
services in exchange for consideration: hair care, skin care, makeovers, facials, manicures,
pedicures or body waxing.
Care facility means a hospital, nursing home, convalescent care facility, assisted living
facility, life care facility, or group care facility.
Chief of police means the Chesterfield County Police Chief or his designee.
Client means a person receiving a massage.
Consideration means anything of value given in exchange for services rendered,
including, but not limited to, money, goods, services or advertising.
Health club means an establishment which provides health and fitness equipment and
programs for its client's use in exchange for any form of consideration. A health club may be
located in a hotel or motel but not in a guest room in a hotel or motel.
Licensed massage therapist means any person who administers a massage to a client in
exchange for consideration, and who has qualified as a licensed massage therapist pursuant
to the requirements of Code of Virginia, §§ 54.1-3000 and 54.1-3029, as amended.
Massage means the treatment of soft tissues for therapeutic purposes by the application
of massage and body work techniques based on the manipulation or application of pressure
to the muscular structure or soft tissues of the human body. Massage shall not include the
diagnosis or treatment of illness or disease or a service or procedure for which a license to
23-291
9/27/2023
practice medicine, nursing, midwifery, chiropractic therapy, physical therapy, occupational
therapy, acupuncture, athletic training or podiatry is required by law. Massage shall not
include manipulation of the spine or joints or any service by which an individual provides
stroking of the hands, feet, or ears or the use of touch, words, and directed movement,
including healing touch, therapeutic touch, mind-body centering, orthobionomy, traeger
therapy, reflexology, polarity therapy, reiki, gigong, muscle activation techniques, or
practices with the primary purpose of affecting energy systems of the human body. Massage
shall also not include placing hands on, touching, or fondling the sexual or genital parts of
another or exposing one's sexual or genital parts to any other person, although this exclusion
does not apply to a glute massage.
Massage clinic means a fixed place of business where a licensed massage therapist gives
a client a massage. A massage clinic shall either be free-standing or located within a health
club, tanning salon, hotel or motel (but not in a guest room in a hotel or motel), beauty salon,
barbershop or within a public university, public college, or post-secondary school that is
approved by the State Council of Higher Education for Virginia.
Massage clinic operator means the person who is responsible for the day-to-day
operation of the clinic. The massage clinic operator need not qualify as a licensed massage
therapist if he or she does not intend to administer massage.
Public gathering means any event occurring in the county that is open to the general
public and involves more than 50 persons.
Seated massage means a massage of the upper body or feet when the client is fully
clothed and seated in a chair.
Sexual or genital parts means the genitals, pubic area, buttocks or anus of any person
and the breasts of a female person.
Tanning salon means an establishment which has as its primary business the provision
of tanning services in exchange for consideration.
Sec. 15-92. Persons who may perform a massage for compensation.
No person shall administer or perform or permit to be administered or performed a
massage in exchange for consideration in or upon any premises within the county unless:
(a) The massage is performed for medical, relaxation, remedial or hygienic
purposes; and
(b) The person performing the massage is a licensed massage therapist and holds
a valid county permit.
(c) If a massage is performed in a massage clinic, a valid county massage clinic
permit has been issued for the premises.
Sec. 15-93. - Exclusions to section 15-92.
Section 15-92 shall not apply to massages administered for medical, relaxation, remedial
or hygienic purposes by:
(a) A physician, surgeon, chiropractor, osteopath or physical therapist duly
licensed by the Commonwealth of Virginia or any health care professional
licensed or certified under Title 54.1 (Professions and Occupations) of the
Code of Virginia for which massage therapy is a component of the person’s
practice;
(b) A registered nurse or licensed practical nurse acting under the prescription or
direction of any such physician, surgeon, chiropractor, osteopath, or physical
therapist;
23-292
9/27/2023
(c) A licensed massage therapist acting on the premises of any such physician,
surgeon, chiropractor, osteopath or physical therapist and under his
prescription or direction; or
(d) A student of massage therapy enrolled in a course of instruction for massage
therapy at a public university, public college, or post-secondary school that is
approved by the State Council of Higher Education for Virginia, provided also
that the massage is performed as part of a course of instruction for massage
therapy at a massage clinic and that a licensed massage therapist is present in
the room at all times with the massage therapy student;
(e) Barber shops or beauty salons in which
massage is given to the scalp, face, neck, or shoulders or feet only;
(f) A massage therapist licensed or in good standing in another state, the District
of Columbia or another country, while such massage therapist is volunteering
at a sporting or recreational event or activity, is responding to a disaster or
emergency declared by the appropriate authority, is travelling with an out-of-
state athletic team or an athlete for the duration of the athletic tournament,
game or event in which the team or athlete is competing, or is engaged in
educational seminars; or
(g) Any person providing services related to the domestic care of any family
member or household member so long as that person does not offer, hold out,
or claim to be a licensed massage therapist.
Sec. 15-94. - Permissible locations for massage.
A licensed massage therapist may give a massage in the county only at the following
locations and under the following conditions:
(1) At a permitted massage clinic;
(2) At the regular place of business, not located in a residence, of the client during
the
regular hours of such business; provided, that a licensed massage therapist
may only give a seated massage at such location;
(3) At a care facility;
(4) At a public gathering, provided that a licensed massage therapist may only
give a
seated massage at such location;
(5) Except as otherwise prohibited by this article, at a client's residence; and
(6) At a licensed massage therapist's home provided that the therapist meets the
requirements of a home occupation as set forth in chapter 19.1.
Sec. 15-95. – Therapist Register and display of certificate.
(a) The massage clinic operator shall maintain at the massage clinic a register containing
the name and date of employment of each licensed massage therapist employed at
the massage clinic. Such register shall be made available for inspection by the police
department and health department during normal hours of operation. The massage
clinic operator shall also publicly display at the massage clinic the certificate issued
by the chief of police.
(b) Each licensed massage therapist shall post his or her current license issued by the
state board of nursing in a public area at the massage clinic premises. If the licensed
massage therapist is giving a massage at a location permitted by section 15-94 other
23-293
9/27/2023
than a massage clinic, the therapist shall have the current license, or a copy, in his or
her possession at the location.
Sec. 15-96. - Individual health requirements.
(a) No massage clinic operator or licensed massage therapist shall be permitted to
give a massage or come in contact with a client unless the operator or licensed
massage therapist shall be free of any contagious or communicable disease. The
director of public health or his designee may, for cause, prohibit an operator or
licensed massage therapist from giving a massage unless and until the person
provides a certificate from a licensed physician that the person has been examined
within the previous ten days and found to be free of all contagious or
communicable diseases.
(b) No massage clinic operator or licensed massage therapist shall knowingly serve
any client infected with any fungus or other skin infection, nor shall a massage be
performed on any client exhibiting skin inflammation or eruption, unless a
licensed physician has certified that any such person may be safely served and
has prescribed any necessary conditions on the service.
Sec. 15-97. - Necessary facilities for a massage clinic.
(a) Each massage clinic shall have and maintain the following facilities or equipment
in a clean, sanitary and remarkable condition:
(1) Equipment for disinfecting and sterilizing non-disposable instruments and
materials
if used in performing massage.
(2) Hot and cold water and soap, which shall be provided at all times.
(3) Towels and linens for each of the clinic's clients or each client receiving
massage
services. Common use of towels or linens shall not be permitted.
(4) A custodial service sink located in the building in which the massage clinic
quarters
are located.
(b) Each massage clinic operator shall maintain any walls, ceilings, floors, pools,
showers, bathtubs, steam rooms and any other physical facilities for the clinic in good repair
and in a clean and sanitary condition. Any heat, steam or vapor rooms or cabinets shall be
cleaned each day the clinic is in operation. Bathtubs shall be thoroughly cleaned after each
use.
(c) Massage tables, bathtubs, shower stalls and steam or bath areas shall have
nonporous surfaces which may be readily disinfected.
Sec. 15-98. - Unlawful acts.
(a) It shall be unlawful for a massage clinic operator or a licensed massage therapist to:
(1) Place hands upon, to touch with any part of the operator's or therapist's body,
to
fondle in any manner, or to massage a sexual or genital part of a client;
(2) Expose the operator's or therapist's sexual or genital parts or any portion thereof
to a
client;
(3) Expose the sexual or genital parts or any portion thereof of a client; or
(4) Fail to conceal with a fully opaque covering the sexual or genital parts of the
operator's or therapist's body while in the presence of a client.
23-294
9/27/2023
(b) It shall be unlawful for a client to:
(1) Place hands upon, to touch with any part of the client's body, to fondle in any
manner,
or to massage a sexual or genital part of an operator or a therapist;
(2) Expose the client's sexual or genital parts or any portion thereof to an operator
or
therapist;
(3) Expose the sexual or genital parts or any portion thereof of an operator or
therapist;
or
(4) Fail to conceal with a fully opaque covering the sexual or genital parts of the
client's
body while in the presence of an operator or a therapist.
(c) It shall be unlawful for any person to:
(i) Solicit, command, entreat or otherwise attempt to persuade any person to commit
any of
the acts listed in this section,
(ii) Offer to commit any of the acts listed in this section, or
(iii) Agree to participate in any of the acts listed in this section.
Sec. 15-99. - Massage clinic operator and licensed massage therapist responsibilities.
The massage clinic operator shall be responsible for maintaining the premises in
accordance with this article's requirements and for ensuring that all agents and employees
comply with this article's requirements. No massage clinic operator shall allow on his
premises any activity or behavior prohibited by the laws of the United States, the
Commonwealth of Virginia, or this county, and no licensed massage therapist shall engage
in any such behavior.
Sec. 15-100. – Hours of operation, inspection and enforcement.
(a) No massage clinic shall be open for business during the hours of 10 p.m. through 6
a.m.
(b) This article shall be enforced by the police department and the health department.
Further, these departments may inspect those areas of each massage clinic which are
open to the public for the purpose of determining compliance with this article.
Inspections shall be made at reasonable times and in a reasonable manner.
Sec. 15-101. Permit application.
(a) No person shall operate a massage clinic or act as a licensed massage therapist
in the county without having obtained a permit from the county. Permit applications shall be
made to the chief of police, who shall investigate all permit applications. Applicants shall
pay to the county treasurer $100.00 for a massage clinic permit and $30.00 for a licensed
massage therapist permit, to cover the costs of investigation by the police, health, fire and
other departments referenced in Section 15-102, as needed. The treasurer's receipt of
payment shall accompany the permit application. All permits shall expire every three years
on the anniversary date of the issuance of the original permit. Failure to file a renewal
application at least 30 days prior to the expiration date of the permit shall be grounds for
revoking or suspending the permit. A renewal application shall be completed and filed as
required below. Renewal applicants shall pay $50.00 for a massage clinic permit renewal and
$30.00 for a licensed massage therapist permit renewal to the county treasurer to cover the
costs of investigation by the police, health, fire and other departments referenced in Section
15-102, as needed. The treasurer's receipt of payment shall accompany the renewal
application. A permit application shall not be considered within 12 months of denial of a
substantially similar permit request.
(b) The licensed massage therapist permit application (including a renewal
application) must include, but is not limited to, the following:
(1) the full name, age and present address of the applicant.
23-295
9/27/2023
(2) The applicant's social security number.
(3) The applicant's addresses for the ten years immediately preceding the
date of the application.
(4) The applicant's height, weight, race, sex and eye and hair color.
(5) The applicant's portrait photograph, which gives a clear view of the
applicant's face.
(6) The applicant's criminal convictions, other than traffic offenses, and
the date and place of the applicant's conviction.
(7) Written proof that the applicant meets the requirements contained in
Code of Virginia, §§ 54.1-3000 and 54.1-3029, for a licensed massage
therapist.
(8) Written authorization for the county, its agents and employees to
conduct a background investigation of the applicant, including fingerprints
and personal descriptive information for the purpose of obtaining criminal
history record information, the cost of which will be paid by the applicant in
addition to the costs set forth in subsection (a) above. The fingerprints will
be forwarded to Virginia State Police for processing through the Central
Criminal Records Exchange to the Federal Bureau of Investigation as
authorized by Code of Virginia, § 15.2-1503.1.
(9) Written declaration, dated and signed by the applicant, certifying that
the information contained in the application is true and correct.
(c) The application for a massage clinic permit shall contain:
(1) The full legal name and any trade name of the applicant and the
applicant's business address and telephone number.
(2) The applicant's social security or employer identification number.
(3) All criminal convictions, other than traffic offenses, of the applicant
and, if applicable, the applicant's owners, officers, directors, partners and
managers and the date and place of the conviction.
(4) Written authorization for the county, its agents and employees to
conduct a background investigation, including a criminal records check, of
the applicant and, if applicable, the applicant's owners, officers, directors,
partners and managers and to investigate whether the information provided by
the applicant is true.
(5) Written declaration, dated and signed by the applicant, certifying that
the information contained in the application is true and correct.
(6) A description of the massage clinic, including the number and location
of rooms to be used, the number and names of licensed massage therapists to
be employed and the hours of operation.
(7) If applicable, a list of the applicant's owners, officers, directors,
managers and partners, including the name, address and title of the person
filing the application on the applicant's behalf.
23-296
9/27/2023
(d) All massage clinics and licensed massage therapists doing business in the
County at the time of [date of adoption of ordinance] shall apply for a permit within 60 days
of [date of adoption of ordinance].
Sec. 15-102. Referral of application.
The chief of police shall refer permit applications, as needed, to the county
departments charged with enforcing the business license, zoning, building, plumbing, utility,
health, electric and fire prevention codes, and any other departments as needed, for their
recommendations.
Sec. 15-103. Granting of permit and issuance of photo identification card.
Within 60 days of the date of the permit application, the chief of police shall issue the
permit if he shall find all the following:
(a) Any massage clinic to be used or constructed meets all zoning, building,
plumbing, utility, health, electric and fire prevention codes, as well as any other applicable
laws, as reported by the applicable departments.
(b) The applicant complies with all requirements of this article.
(c) The applicant does not pose any threat to the community's health and safety.
Any past felony, or any misdemeanor convictions of the applicant materially affecting the
applicant's ability to conduct the permitted activity including a conviction pursuant to this
article and a crime of moral turpitude, shall be considered in making this determination.
(d) The applicant is at least 18 years old and complies with the requirements of
Code of Virginia, §§ 54.1-3000 and 54.1-3029.
(e) The applicant has not made any false, misleading or fraudulent statements in
the permit application nor in any other related document required by the county.
Upon granting a permit, the chief of police shall issue a certificate to the massage
clinic operator and photo identification card to the licensed massage therapist who shall carry
the card at all times while employed as a licensed massage therapist and shall produce the
card upon request by the police department and health department during their inspection of
the massage clinic. The chief shall also issue a certificate which the licensed massage
therapist shall publicly display while providing a massage.
Sec. 15-104. Revocation and suspension of permit.
The chief of police may revoke or suspend any permit upon the violation of this
article. No permit shall be revoked until the chief of police holds a hearing to determine just
cause for the revocation or suspension. At the hearing, the permittee shall be able to present
evidence and argument against revocation or suspension. The permittee shall be provided
with notice of the hearing by mail, at least five days prior to the hearing, to the address on
the permit. Notice shall include a written statement setting forth the grounds for revocation
or suspension. After the hearing the chief of police shall determine whether a violation has
occurred and if so whether the permit should be suspended or revoked. Upon finding a
violation, the chief of police may suspend the permit for not more than 60 days or revoke the
permit. The chief of police's decision shall be final.
Sec. 15-105. Transferability of permit.
If a massage clinic is sold or transferred to a new owner, the clinic's permit shall no
longer be valid. Unless prior approval shall have been obtained from the chief of police, the
enlargement or alteration of the massage clinic's business structure shall automatically revoke
the permit.
23-297
9/27/2023
Sec. 15-106. Penalties.
Any person who violates this article shall, in addition to being subject to the
provisions of any other applicable ordinance or statute, be guilty of a misdemeanor and, upon
conviction, shall be punished by a fine not exceeding $1,000.00 or by confinement in jail for
a period not exceeding one year, either or both. In addition, the county attorney shall have
the authority to bring civil legal action, including seeking an injunction, abatement or other
appropriate measures, to ensure compliance with this article.
Secs. 107 to 15-120. Reserved.
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
17.C. TO CONSIDER ADOPTION OF AN ORDINANCE CREATING A
COMMERCIAL PROPERTY ASSESSED CLEAN ENERGY (C-PACE)
FINANCING PROGRAM
Mr. Jake Elder stated this date and time has been advertised
for the Board to consider adoption of an ordinance creating a
Commercial Property Assessed Clean Energy (C-PACE) Financing
Program. He further stated state law created a statewide
Commercial Property Assessed Clean Energy (C-PACE) Program
which is administered by Virginia Energy and the Virginia PACE
Authority. He stated the law authorizes localities to opt into
the statewide program by adopting a local model ordinance and
executing an agreement with Virginia Energy. He further stated
the program is attractive because it will facilitate private
market financing for a wide variety of clean energy related
improvements to commercial, industrial and multifamily (at
least 5 units) properties located in the county. He further
stated such improvements include those designed to improve
energy efficiency, water efficiency, safe drinking water,
renewable energy, resiliency, storm water management,
environmental remediation, and electric vehicle
infrastructure. He noted the program induces loans from private
lenders for such projects by creating a voluntary special
assessment on the property and a priority lien securing the
loan used to finance the improvements.
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
approved use of the C-PACE Program agreement, and authorized
the County Administrator or his delegee to execute the
agreement with Virginia Energy as approved by the County
Attorney.
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD,1997, AS AMENDED, BY AMENDING
AND RE-ENACTING CHAPTER 9 TO ADOPT A NEW ARTICLE XXI
23-298
9/27/2023
TO IMPLEMENT A COMMERCIAL PROPERTY ASSESSED
CLEAN ENERGY (C-PACE) FINANCING PROGRAM
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Chapter 9 of the Code of the County of Chesterfield, 1997, as amended, is
amended and re-enacted to read as follows:
Chapter 9, Article XXI - COMMERCIAL PROPERTY ASSESSED CLEAN
ENERGY (C-PACE) FINANCING PROGRAM
Sec. 9-272 - Purpose.
The purpose of this article is to create a “The County of Chesterfield Commercial Property
Assessed Clean Energy (C-PACE) Financing Program,” to operate in coordination with the
statewide C-PACE program, all in accordance with Va. Code §15.2-958.3 (hereinafter, the
“C-PACE Act”). The local and statewide C-PACE programs, working together, will
facilitate Loans made by Capital Providers to Property Owners of Eligible Properties to
finance Eligible Improvements thereon. Subject to the limitations set forth in this chapter,
the C-PACE Act, or other applicable law, each C-PACE Loan, inclusive of principal,
interest, and any financed fees, costs, or expenses, will be secured by a voluntary special
assessment lien on the Property that is the subject of such Loan.
Sec. 9-273 - Definitions.
(a) Assessment Payment Schedule means the schedule of installments of C-PACE
Payments to be made in the repayment of the C-PACE Loan, which shall be attached as
Exhibit B to the C-PACE Program Agreement.
(b) Capital Provider means (i) a private lending institution that has been approved by
the Program Administrator in accordance with the Program Guidelines to originate a C-
PACE Loan and its successors and assigns; or (ii) the current holder of a C-PACE Loan.
(c) County means the County of Chesterfield, Virginia.
(d) Clerk’s office means the Office of the Clerk of the Circuit Court of the County of
Chesterfield, Virginia.
(e) Commonwealth means the Commonwealth of Virginia.
(f) Board of Supervisors means the Board of Supervisors of the County of Chesterfield,
Virginia.
(g) C-PACE means Commercial Property Assessed Clean Energy.
(h) C-PACE Act means Virginia’s “Commercial Property Assessed Clean Energy (C-
PACE) financing programs” law, codified at Va. Code §15.2-958.3.
(i) C-PACE Amendment means an amendment of the C-PACE Lien executed by the
Capital Provider, the Property Owner and the Program Manager, as permitted in the C-
PACE Documents, which C-PACE Amendment shall be recorded in the Clerk’s Office to
evidence each amendment to the C-PACE Loan and the C-PACE Lien.
(j) C-PACE Assignment (CP) means a written assignment by one Capital Provider to
another Capital Provider of the C-PACE Payments and/or C-PACE Lien pursuant to the
terms of the assignment document.
(k) C-PACE Assignment (Locality) means a written assignment by the County to the
Capital Provider to whom the C-PACE Loan is then due, wherein the County relinquishes
23-299
9/27/2023
and assigns its right to enforce the C-PACE Lien to the Capital Provider, substantially in
the form attached as Addendum 1 to the C-PACE Lien Certificate.
(l) C-PACE Documents means the C-PACE Program Agreement, Financing
Agreement, C-PACE Lien Certificate, C-PACE Assignment (CP) (if any), C-PACE
Assignment (Locality) (if any), C-PACE Amendment (if any), and any other document,
agreement, or instrument executed in connection with a C-PACE Loan.
(m) C-PACE Lien or Lien means the voluntary special assessment lien levied against
the Property as security for the C-PACE Loan.
(n) C-PACE Lien Certificate means the voluntary special assessment lien document
duly recorded among the Land Records against an Eligible Property to secure a C-PACE
Loan.
(o) C-PACE Loan or Loan means a loan from a Capital Provider to finance a Project,
in accordance with the Program Guidelines.
(p) C-PACE Payment means the periodic installment payments of the C-PACE Loan
by a Property Owner, due and payable to the Capital Provider or Program Administrator as
permitted by the C-PACE Act in such amounts and at such times as described in the
Assessment Payment Schedule.
(q) C-PACE Program means the program established by the County through this
chapter, in accordance with the C-PACE Act, that in coordination with the Statewide
Program facilitates the financing of Eligible Improvements and provides for a C-PACE
Lien to be levied and recorded against the Property to secure the C-PACE Loan.
(r) C-PACE Program Agreement means the agreement executed among the Property
Owner, the County, the Treasurer and the Capital Provider, and their respective successors
and assigns, which includes the terms and conditions for participation in the C-PACE
Program and the Property Owner’s acknowledgment and consent for the County to impose
a voluntary special assessment, record a C-PACE Lien Certificate against the Property
Owner’s Eligible Property and, if the County so determines, assign the rights to enforce the
C-PACE Lien and C-PACE Lien Certificate to the Capital Provider (and if so assigned,
also a consent of the Treasurer to such assignment). The C-PACE Program Agreement
shall be substantially in the form recommended by the Program Administrator and
approved by the County Attorney.
(s) Delinquent Payment means any C-PACE Payment that was not paid by a Property
Owner in accordance with the C-PACE Documents.
(t) Eligible Improvements means the initial acquisition and installation of any of the
following improvements made to Eligible Properties:
(1) Energy efficiency improvements;
(2) Water efficiency and safe drinking water improvements;
(3) Renewable energy improvements;
(4) Resiliency improvements;
(5) Stormwater management improvements;
(6) Environmental remediation improvements; and
(7) Electric vehicle infrastructure improvements.
Eligible Improvements may be made to both existing Properties and new construction, as
further prescribed in this chapter and the Program Guidelines. Eligible Improvements shall
23-300
9/27/2023
include types of authorized improvements added by the General Assembly to the C-PACE
Act after the date of adoption of this chapter, without need for a conforming amendment of
this chapter. In addition to the elaboration on the types of Eligible Improvements provided
in Sec. 9-275, below, a Program Administrator may include in its Program Guidelines or
other administrative documentation definitions, interpretations, and examples of these
categories of Eligible Improvements.
(u) Eligible Property or Property means all assessable commercial real estate located
within the County, with all buildings located or to be located thereon, whether vacant or
occupied, improved or unimproved, and regardless of whether such real estate is currently
subject to taxation by the County, excluding (i) a residential dwelling with fewer than five
(5) units, and (ii) a residential condominium as defined in Va. Code §55.1-2100. Common
areas of real estate owned by a cooperative or a property owners’ association described in
Va. Code Title 55.1, Subtitle IV (§55.1-1800 et seq.), that have a separate real property tax
identification number are Eligible Properties. Eligible Properties shall be eligible to
participate in the C-PACE Program.
(v) Financing Agreement means the written agreement, as may be amended, modified,
or supplemented from time to time, between a Property Owner and a Capital Provider,
regarding matters related to the extension and repayment of a C-PACE Loan to finance
Eligible Improvements. The Financing Agreement may contain any lawful terms agreed to
by the Capital Provider and the Property Owner.
(w) Land Records means the Land Records of the Clerk’s Office.
(x) Lender Consent means a written subordination agreement executed by each
mortgage or deed of trust lienholder with a lien on the Property that is the subject of a C-
PACE Loan, which allows the C-PACE Lien to have senior priority over the mortgage or
deed of trust liens.
(y) Loan Amount means the original principal amount of a C-PACE Loan.
(z) Locality Agreement means the Virginia Energy – Locality Commercial Property
Assessed Clean Energy Agreement between Virginia Energy and the County, pursuant to
which the County elects to participate in the Statewide Program. The Locality Agreement
shall be substantially in the form recommended by the Program Administrator and
approved by the County Attorney.
(aa) Program Administrator means the private third party retained by Virginia Energy
to provide professional services to administer the Statewide Program in accordance with
the requirements of the C-PACE Act, this chapter, the Locality Agreement and the Program
Guidelines.
(bb) Program Fee(s) means the fee(s) authorized by the C-PACE Act and charged to
participating Property Owners to cover the costs to design and administer the Statewide
Program, including, without limitation, compensation of the Program Administrator.
While Capital Providers are required to service their C-PACE Loans, if a Capital Provider
does not do so and the Program Administrator assumes the servicing responsibility and
charges a servicing fee, the servicing fee shall also be included among the Program Fees.
(cc) Program Guidelines means a comprehensive document setting forth the procedures,
eligibility rules, restrictions, Program Fee(s), responsibilities, and other requirements
applicable to the governance and administration of the Statewide Program.
(dd) Program Manager means the County Administrator or such person designated in
writing by the County Administrator to (i) supervise the County’s C-PACE Program and
participation in the Statewide Program, (ii) act as liaison with the Program Administrator
and (iii) advise the Program Administrator as to who will sign the C-PACE Documents to
which the Locality is a party on the Locality’s behalf. If the employee of the County who
23-301
9/27/2023
customarily signs agreements for the Locality is not the person designated as Program
Manager, then references in this Ordinance and in the C-PACE Documents to the Program
Manager signing certain C-PACE Documents on behalf of the Locality shall be construed
to also authorize such customary signatory for the County to execute such C-PACE
Documents.
(ee) Project means the construction or installation of Eligible Improvements on Eligible
Property.
(ff) Property Owner means (i) the Property Owner(s) of Eligible Property who
voluntarily obtain(s) a C-PACE Loan from a Capital Provider in accordance with the
Program Guidelines; or (ii) a successor in title to the Property Owner.
(gg) Property Owner Certification means a notarized certificate from Property Owner,
certifying that (i) Property Owner is current on payments on Loans secured by a mortgage
or deed of trust lien on the Property and on real estate tax payments, (ii) that the Property
Owner is not insolvent or in bankruptcy proceedings, and (iii) that the title of the Property
is not in dispute, as evidenced by a title report or title insurance commitment from a title
insurance company acceptable to the Program Administrator and Capital Provider.
(hh) Statewide Program means the statewide C-PACE financing program sponsored by
Virginia Energy, established to provide C-PACE Loans to Property Owners in accordance
with the C-PACE Act, this chapter, the Locality Agreement, the C-PACE Documents and
the Program Guidelines.
(ii) Treasurer means the Treasurer of the County.
(jj) Useful Life means the normal operating life of the fixed asset.
(kk) Virginia Code or Va. Code means the Code of Virginia of 1950, as amended.
(ll) Virginia Energy means the Virginia Department of Energy.
Sec. 9-274 - Effective date.
This chapter shall become effective immediately following its adoption.
Sec. 9-275 - C-PACE Program; Eligible Improvements.
(a) C-PACE Program. The C-PACE Program shall be available throughout the County,
provided that the Property Owner, the Property, the proposed Eligible Improvements, the
Capital Provider and the principal contractors all qualify for the Statewide Program. The
following types of Eligible Improvements may be financed with a C-PACE Loan:
(1) Energy usage efficiency systems (e.g., high efficiency lighting and building
systems, heating, ventilation, and air conditioning (HVAC) upgrades, air duct sealing, high
efficiency hot water heating systems, building shell or envelope improvements, reflective
roof, cool roof, or green roof systems, and/or weather-stripping), or other capital
improvements or systems which result in the reduction of consumption of energy over a
baseline established in accordance with the Program Guidelines;
(2) Water usage efficiency and safe drinking water improvements (e.g.,
recovery, purification, recycling, and other forms of water conservation), or other capital
improvements or systems which result in the reduction of consumption of water over a
baseline established in accordance with the Program Guidelines;
(3) Renewable energy production facilities (e.g., solar photovoltaic, fiber optic
solar, solar thermal, wind, wave and/or tidal energy, biomass, combined heat and power,
geothermal and fuel cells), whether attached to a building or sited on the ground, and the
storage and/or distribution of the energy produced thereby, whether for use on-site or sale
23-302
9/27/2023
or export to a utility or pursuant to a power purchase agreement with a non-utility
purchaser;
(4) Resiliency improvements which increase the capacity of a structure or
infrastructure to withstand or recover from natural disasters, the effects of climate change,
and attacks and accidents, including, but not limited to:
a. Flood mitigation or the mitigation of the impacts of flooding;
b. Inundation adaptation;
c. Natural or nature-based features and living shorelines, as defined in
Va. Code § 28.2-104.1;
d. Enhancement of fire or wind resistance, including but not limited to
reinforcement and insulation of a building envelope to reduce the
impacts of excessive heat or wind;
e. Microgrids;
f. Energy storage; and
g. Enhancement of the resilience capacity of a natural system, structure,
or infrastructure;
(5) Stormwater management improvements that reduce onsite stormwater runoff
into a stormwater system, such as reduction in the quantity of impervious surfaces or
providing for the onsite filtering of stormwater;
(6) Environmental remediation improvements, including but not limited to:
a. Improvements that promote indoor air and water quality;
b. Asbestos remediation;
c. Lead paint removal; and
d. Mold remediation;
(7) Soil or groundwater remediation;
(8) Electric vehicle infrastructure improvements, such as charging stations;
(9) Construction, renovation, or retrofitting of a Property directly related to the
accomplishment of any purpose listed in subsections (1) – (8) above, whether such Eligible
Improvement was erected or installed in or on a building or on the ground; it being the
express intention of the County to allow Eligible Improvements that constitute, or are a part
of, the construction of a new structure or building to be financed with a C-PACE Loan; and
(10) Any other category of improvement (i) approved by the Program
Administrator with the consent of the Program Manager as qualifying for financing under
the Statewide Program, in accordance with the C-PACE Act (including amendments thereto
which authorize additional types of Eligible Improvements), or (ii) added by the General
Assembly to the C-PACE Act after the date of adoption of this chapter, without need for a
conforming amendment of this chapter. In addition, a Program Administrator may include
in its Program Guidelines or other administrative documentation definitions, interpretations
and examples of these categories of Eligible Improvements.
(b) Use of C-PACE Loan proceeds. The proceeds of a C-PACE Loan may be used to
pay for the construction, development, and consulting costs directly related to Eligible
Improvements, including without limitation, the cost of labor, materials, machinery,
equipment, plans, specifications, due diligence studies, consulting services (e.g.,
23-303
9/27/2023
engineering, energy, financial, and legal), program fees, C-PACE Loan fees, capitalized
interest, interest reserves, and C-PACE transaction underwriting and closing costs.
(c) Program applications; prioritization. The Program Administrator shall make
available the Statewide Program’s program application process, to provide for the review
and approval of proposed Eligible Improvements and C-PACE Documents. Program
applications will be processed by the Statewide Program in accordance with the eligib ility
requirements and procedures set forth in the Program Guidelines.
Sec. 9-276 - C-PACE Loan requirements; Program Fees; reporting; Program
Administrator; Program Guidelines.
(a) Source of Loans. C-PACE Loans shall be originated by Capital Providers. The
County and/or its respective governmental entities shall have no obligation to originate or
guarantee any C-PACE Loans.
(b) C-PACE Loan Amount thresholds. The minimum Loan Amount that may be
financed for each Project is fifty thousand dollars ($50,000.00). There is no maximum
aggregate amount that may be financed with respect to an Eligible Property, except as
stipulated in the Program Guidelines. There shall be no limit on the total value of all C-
PACE Loans issued under the C-PACE Program.
(c) C-PACE Loan refinancing or reimbursement. The Program Administrator may
approve a Loan application submitted within two (2) years of the County’s issuance of a
certificate of occupancy or other evidence that the Eligible Improvements comply
substantially with the plans and specifications previously approved by the County and that
such Loan may refinance or reimburse the Property Owner for the total costs of such
Eligible Improvements.
(d) C-PACE Loan interest. The interest rate of a C-PACE Loan shall be as set forth in
the C-PACE Documents.
(e) C-PACE Loan term. The term of a C-PACE Loan shall not exceed the weighted
average Useful Life of the Eligible Improvements, as determined by the Program
Administrator.
(f) Apportionment of costs. All of the costs incidental to the financing, administration,
collection, and/or enforcement of the C-PACE Loan shall be borne by the Property Owner.
(g) Financing Agreements. Capital Providers may use their own Financing Agreements
for C-PACE Loans, but the Financing Agreement may not conflict with the provisions of
this chapter, the C-PACE Act, or the C-PACE Program Agreement. To the extent of any
conflict, this chapter, the C-PACE Act, and the C-PACE Program Agreement shall prevail.
(h) C-PACE Program Agreement. In order to participate in the C-PACE Program,
Property Owner and Capital Provider shall enter into a C-PACE Program Agreement,
which sets forth certain terms and conditions for participation in the C-PACE Program. The
Program Manager is authorized to approve the C-PACE Loan and execute the C-PACE
Program Agreement on behalf of the County without further action by the Board of
Supervisors. The Treasurer is also authorized to execute the C-PACE Program Agreement
without further action by the Board of Supervisors. The C-PACE Program Agreement shall
be binding upon the parties thereto and their respective successors and assigns until the C-
PACE Loan is paid in full. The Program Administrator may modify the C-PACE Program
Agreement as necessary to further the Statewide Program’s purpose and to encourage
Program participation, so long as such modifications do not conflict with the Program
Guidelines, this chapter, the Locality Agreement or the C-PACE Act.
(i) Repayment of C-PACE Loan; collection of C-PACE Payments. C-PACE Loans will
be repaid by the Property Owner through C-PACE Payments made in the amounts and at
such times as set forth in the Assessment Payment Schedule, the C-PACE Documents and
Program Guidelines. The Capital Provider shall be responsible, subject to and in
23-304
9/27/2023
accordance with the terms of the C-PACE Program Agreement and other C-PACE
Documents, for the servicing of the C-PACE Loans and the collection of C-PACE
Payments. If a Capital Provider fails to service a C-PACE Loan, such C-PACE Loan shall
be serviced by the Program Administrator. Nothing herein shall prevent the Capital
Provider or the Program Administrator from directly billing and collecting the C-PACE
Payments from the Property Owner to the extent permitted by the C-PACE Act or other
applicable law. The enforcement of C-PACE Loans and their C-PACE Documents during
an event of default thereunder is governed by Section 9-277.
(j) C-PACE Loan assumed. A party which acquires a Property which is subject to a C-
PACE Lien, whether it obtained ownership of the Property voluntarily or involuntarily,
becomes the Property Owner under the C-PACE Documents and, by virtue of the C-PACE
Lien running with the land, assumes the obligation to repay all remaining unpaid C-PACE
Payments which are due and which accrue during such successor Property Owner’s period
of ownership. Only the current C-PACE Payment and any Delinquent Payments, together
with any penalties, fees and costs of collection, shall be payable at the settlement of a
Property upon sale or transfer, unless otherwise agreed to by the Capital Provider.
(k) Transfer of C-PACE Loans. C-PACE Loans may be transferred, assigned, or sold
by a Capital Provider to another Capital Provider at any time until the C-PACE Loan is
paid in full provided that the Capital Provider shall (i) notify the Property Owner and the
Program Administrator of the transfer prior to the billing date of the next C-PACE Payment
due (and within thirty (30) days if the C-PACE Loan is serviced by the Program
Administrator), (ii) record a C-PACE Assignment (CP) among the Land Records, and (iii)
deliver a copy of the recorded C-PACE Assignment (CP) to the Property Owner, the
County, and the Program Administrator. Recordation of the C-PACE Assignment (CP)
shall constitute an assumption by the new Capital Provider of the rights and obligations of
the original Capital Provider contained in the C-PACE Documents.
(l) Program Fees. The Statewide Program is self-financed through the Program Fees
charged to participating Property Owners, together with any funds budgeted by the General
Assembly to support the Statewide Program. The Program Fees are established to cover the
actual and reasonable costs to design and administer the Statewide Program, including the
compensation of a third-party Program Administrator. The amount(s) of the Program Fees
shall be set forth in the Program Guidelines. Program Fees may be changed by the Program
Administrator from time to time and shall only apply to C-PACE Loans executed after the
date the revised fees are adopted.
(m) Locality Agreement. The County shall opt into the Statewide Program by entering
into the Locality Agreement, adopting the Statewide Program as the County’s own C-PACE
Program. In accordance with the C-PACE Act, opting into the C-PACE Program shall not
require the County to conduct a competitive procurement process. The Program Manager is
authorized to execute the Locality Agreement on behalf of the County without further
action by the Board of Supervisors.
(n) Program Guidelines. The Program Administrator, under the direction of and in
consultation with Virginia Energy, has designed the Program Guidelines to create an open,
competitive and efficient C-PACE Program. The Program Administrator may modify the
Program Guidelines from time to time, provided such amendments are (i) consistent with
the C-PACE Act and (ii) approved by Virginia Energy before taking effect.
(o) Indemnification. The Program Administrator shall indemnify, defend and hold the
County harmless against any claim brought against the County or any liability imposed on
the County as a result of any action or omission to act by the Program Administrator.
Sec. 9-277 - Levy of assessment; recordation; priority; amendment; enforcement and
collection costs.
(a) Levy of voluntary special assessment lien. Each C-PACE Loan made under the C-
PACE Program shall be secured by a voluntary special assessment lien (i.e., a C-PACE
Lien) levied by the County against each Property benefitting from the Eligible
Improvements financed by such C-PACE Loan. The C-PACE Lien shall be in the Loan
23-305
9/27/2023
Amount, but shall secure not only the principal of the C-PACE Loan, but also all interest,
delinquent interest, late fees, penalties, Program Fees and collection costs (including
attorneys’ fees and costs) payable in connection therewith.
(b) Recordation of C-PACE Lien Certificate. Each C-PACE Lien shall be evidenced by
a C-PACE Lien Certificate in the Loan Amount, but shall also expressly state that it also
secures all interest, delinquent interest, late fees, other types of fees, penalties and
collection costs (including attorneys’ fees and costs) payable in connection therewith, and
a copy of the Assessment Payment Schedule shall be attached thereto as an exhibit. The
Program Manager is hereby authorized to, and shall promptly, execute the C-PACE Lien
Certificate on behalf of the County and deliver it to the Capital Provider, without any
further action by the Board of Supervisors. Upon the full execution of the C-PACE
Documents and funding of the C-PACE Loan, the Capital Provider shall cause the
recordation of the C-PACE Lien Certificate in the Land Records.
(c) Priority. The C-PACE Lien shall have the same priority as a real property tax lien
against real property, except that it shall have priority over any previously recorded
mortgage or deed of trust lien on the Property only if prior to the recording of the C-PACE
Lien, (i) Property Owner has obtained a written Lender Consent, in a form and substance
acceptable to the holder of such prior mortgage or deed of trust in its sole and exclusive
discretion, executed by such lienholder and recorded with the C-PACE Lien Certificate in
the Land Records; and (ii) prior to the recording of the C-PACE Lien Certificate, Property
Owner has delivered an executed Property Owner Certification to the County in connection
with the C-PACE Loan closing. Only the current C-PACE Payment and any Delinquent
Payments shall constitute a first lien on the Property. The C-PACE Lien shall run with the
land and that portion of the C-PACE Lien under the C-PACE Program Agreement that has
not yet become due shall not be eliminated by foreclosure of a real property tax lien.
(d) Amendment of lien. Upon written request by a Capital Provider in accordance with
the Program Guidelines, the Program Manager, without any further action by the Board of
Supervisors, shall join with the Capital Provider and the Property Owner in executing a C-
PACE Amendment of the C-PACE Loan and the C-PACE Lien after the closing of a C-
PACE Loan. The C-PACE Amendment shall be recorded in the Land Records.
(e) Enforcement and collection costs. In the event of Property Owner’s default under
the terms of the C-PACE Documents, the County, acting by and through the Treasurer, may
enforce the C-PACE Lien for the amount of the Delinquent Payments, late fees, penalties,
interest, and any costs of collection in the same manner that a property tax lien against real
property may be enforced under Title 58.1, Chapter 39, Article 4 of the Virginia Code. If
the County elects not to enforce the C-PACE Lien, which election shall be made within
thirty (30) days of receipt by the County from the Capital Provider of notice of the Property
Owner’s default under the terms of the C-PACE Documents, then the County, acting by
and through the Treasurer, shall, within fifteen (15) days of the County’s determination not
to enforce the C-PACE Lien, assign the right to enforce the C-PACE Lien in accordance
with the terms of the C-PACE Documents to the Capital Provider by executing a C-PACE
Assignment (Locality) and delivering such instrument to the Capital Provider for
recordation in the Land Records. The preceding sentence notwithstanding, a C-PACE
Assignment (Locality) may be executed and recorded at any time during the term of the C-
PACE Loan, including at the C-PACE Loan’s closing, regardless of whether the C-PACE
Loan is then in default. Upon such assignment and recordation, the Capital Provider is
authorized to, and shall, enforce the C-PACE Lien according to the terms of the C-PACE
Documents, in the same manner that a property tax lien against real property may be
enforced under Title 58.1, Chapter 39 of the Virginia Code, including the institution of suit
in the name of the County and its Treasurer, and this right to enforce expressly includes
authorization for the Capital Provider to engage legal counsel to advise the Capital Provider
and conduct all aspects of such enforcement. Such legal counsel, being authorized to
institute suit in the name of the County and its Treasurer, shall have the status of “Special
Counsel to the County and its Treasurer” and an “attorney employed by the governing
body,” and possess all the rights and powers of an attorney employed under Va. Code Secs.
23-306
9/27/2023
58.1-3966 and 58.1-3969, with the express authority to exercise for the benefit of the
Capital Provider every power granted to a local government and/or its Treasurer and its or
their attorneys for the enforcement of a property tax lien under, or in connection with , any
provision contained in Title 58.1, Chapter 39, Article 4 of the Virginia Code. The County,
on its behalf and on behalf of the Treasurer, waives its right to require such legal counsel
to post the optional bond described in Va. Code Sec. 58.1-3966. All collection and
enforcement costs and expenses (including legal fees and costs), interest, late fees, other
types of fees, and penalties charged by the County or Capital Provider, as applicable and
consistent with the C-PACE Act and the Virginia Code, shall (i) be added to the Delinquent
Payments being collected, (ii) become part of the aggregate amount sued for and collected,
(iii) be added to the C-PACE Loan, and (iv) be secured by the C-PACE Lien. Nothing
herein shall prevent the Capital Provider to which the C-PACE Lien has been assigned from
enforcing the C-PACE Lien to the fullest extent permitted by the C-PACE Documents, the
C-PACE Act or general law. The Property Owner of a Property being sold to pay Delinquent
Payments, or other interested party, may redeem the Property at any time prior to the
Property’s sale, in accordance with Va. Code Secs. 58.1-3974 and 58.1-3975.
Sec. 9-278 - Role of the County; limitation of liability.
Property Owners and Capital Providers participate in the C-PACE Program and the
Statewide Program at their own risk. By executing the C-PACE Documents, including the
C-PACE Program Agreement, or by otherwise participating in the C-PACE Program and
the Statewide Program, the Property Owner, Capital Provider, contractor, or other party or
participant acknowledge and agree, for the benefit of the County and as a condition of
participation in the C-PACE Program and the Statewide Program, that: (i) the County
undertakes no obligations under the C-PACE Program and the Statewide Program except
as expressly stated herein or in the C-PACE Program Agreement; (ii) in the event of a
default by a Property Owner, the County has no obligation to use County funds to make C-
PACE Payments to any Capital Provider including, without limitation, any fees, expenses,
and other charges and penalties, pursuant to a Financing Agreement between the Property
Owner and Capital Provider; (iii) no C-PACE Loan, C-PACE Payment, C-PACE Lien, or
other obligation arising from any C-PACE Document, the C-PACE Act, or this chapter
shall be backed by the credit of the County, the Commonwealth, or its political
subdivisions, including, without limitation, County taxes or other County funds; (iv) no C-
PACE Loan, C-PACE Payment, C-PACE Lien or other obligation arising from any C-
PACE Document, the C-PACE Act, or this chapter shall constitute an indebtedness of the
County within the meaning of any constitutional or statutory debt limitation or restriction;
(v) the County has not made any representations or warranties, financial or otherwise,
concerning a Property Owner, Eligible Property, Project, Capital Provider, or C-PACE
Loan; (vi) the County makes no representation or warranty as to, and assumes no
responsibility with respect to, the accuracy or completeness of any C-PACE Document, or
any assignment or amendment thereof; (vii) the County assumes no responsibility or
liability in regard to any Project, or the planning, construction, or operation thereof; (viii)
each Property Owner or Capital Provider shall, upon request, provide the County with any
information associated with a Project or a C-PACE Loan that is reasonably necessary to
confirm that the Project or C-PACE Loan satisfies the requirements of the Program
Guidelines; and (ix) each Property Owner, Capital Provider, or other participant under the
C-PACE Program, shall comply with all applicable requirements of the Program
Guidelines.
(2) That this ordinance shall become effective immediately upon adoption.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
23-307
9/27/2023
17.D. TO APPROVE A LEASE RENEWAL FOR THE UNITED STATES
GENERAL SERVICES ADMINISTRATION AT CHESTERFIELD
COUNTY AIRPORT
Mr. John Neal stated this date and time has been advertised
for the Board to approve a lease renewal for the United States
General Services Administration at Chesterfield County
Airport.
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 the extending the lease of space at the Chesterfield
County Airport to the United States General Services
Administration and authorized the County Administrator to
execute the lease agreement.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits and zoning
requests.
6. CLOSED SESSION
6.A. 1) PURSUANT TO § 2.2-3711(A)(5), CODE OF VIRGINIA, 1950,
AS AMENDED, TO DISCUSS OR CONSIDER PROSPECTIVE
BUSINESSES OR INDUSTRIES OR THE EXPANSION OF EXISTING
BUSINESSES OR INDUSTRIES WHERE NO PREVIOUS ANNOUNCEMENT
HAS BEEN MADE OF THE BUSINESSES’ OR INDUSTRIES’ INTEREST
IN LOCATING OR EXPANDING THEIR FACILITIES IN THE
COMMUNITY, 2) PURSUANT TO § 2.2-3711(A)(3), CODE OF
VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION
BY THE COUNTY OF REAL ESTATE FOR A PUBLIC PURPOSE, OR
THE DISPOSITION OF PUBLICLY HELD REAL PROPERTY, WHERE
DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE
BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE
PUBLIC BODY, AND 3) PURSUANT TO § 2.2-3711(A)(29) TO
DISCUSS THE AWARD OF A PUBLIC CONTRACT INVOLVING THE
EXPENDITURE OF PUBLIC FUNDS WHERE DISCUSSION IN OPEN
SESSION WOULD ADVERSELY AFFECT THE BARGAINING POSITION
OR NEGOTIATING STRATEGY OF THE PUBLIC BODY, AND 4)
PURSUANT TO § 2.2-3711.A.7. FOR CONSULTATION WITH LEGAL
COUNSEL PERTAINING TO CHESTERFIELD COUNTY BOARD OF
SUPERVISORS V. SUNCAP PROPERTY GROUP, LLC., ET ALS.
WHERE SUCH CONSULTATION IN AN OPEN MEETING WOULD
ADVERSELY AFFECT THE LITIGATING POSTURE OF THE COUNTY
On motion of Mr. Holland, seconded by Dr. Miller, the Board
went into closed session 1) Pursuant to § 2.2-3711(A)(5), Code
of Virginia, 1950, as Amended, to Discuss or Consider
Prospective Businesses or Industries or the Expansion of
Existing Businesses or Industries Where no Previous
Announcement Has Been Made of the Businesses’ or Industries’
Interest in Locating or Expanding Their Facilities in the
23-308
9/27/2023
Community, 2) Pursuant to § 2.2-3711(A)(3), Code of Virginia,
1950, as Amended, to Discuss the Acquisition by the County of
Real Estate for a Public Purpose, or the Disposition of
Publicly Held Real Property, Where Discussion in an Open
Meeting Would Adversely Affect the Bargaining Position and
Negotiating Strategy of the Public Body, and 3) Pursuant to §
2.2-3711(A)(29) to Discuss the Award of a Public Contract
Involving the Expenditure of Public Funds Where Discussion in
Open Session Would Adversely Affect the Bargaining Position or
Negotiating Strategy of the Public Body, and 4) Pursuant to §
2.2-3711.A.7. for Consultation with Legal Counsel Pertaining
to Chesterfield County Board of Supervisors v. SunCap Property
Group, LLC., et als. Where Such Consultation in an Open Meeting
Would Adversely Affect the Litigating Posture of the County.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act effective
July 1, 1989 provides for certification that such Closed
Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member’s
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of Information
Act were discussed in Closed Session to which this
certification applies, and ii) only such business matters were
identified in the motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr. Winslow: Aye.
Mr. Holland: Aye.
Dr. Miller: Aye. Mr. Ingle: Aye.
Mr. Carroll: Aye.
19. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
20. ADJOURNMENT
On motion of Mr. Winslow, seconded by Mr. Holland, the Board adjourned at 9:26 p.m. until October 25, 2023, at 2:00 p.m.
for a work session to be held in Room 502.
Ayes: Carroll, Ingle, Winslow, Holland and Miller.
Nays: None.
__________________________ ___________________________
Joseph P. Casey Kevin P. Carroll
County Administrator Chairman