2016-12-14 MinutesA
BOARD OF SUPERVISORS
MINUTES
December 14, 2016
Supervisors in Attendance:
Staff in Attendance:
Mr. Stephen A. Elswick, Chairman
Mr. Greg Akers, Dir.,
Ms. Dorothy A. Jaeckle, Vice Chrm.
Internal Audit
Mr. Christopher M. Winslow
Ms. Janice Blakley,
Mr. James M. Holland
Clerk to the Board
Ms. Leslie A. T. Haley
Mr. Clay Bowles, Dir.,
General Services
Dr. Joseph P. Casey
Ms. Patsy Brown, Dir.,
County Administrator
Accounting
Mr. Kevin Bruny, Dir.,
Learning and Performance
Center
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody,
Finance Dir.
Mr. Barry Condrey,
Chief Information Officer
IST
Ms. Mary Ann Curtin, Dir.,
Intergovtl. Relations
Mr. Jonathan Davis, Real
Estate Assessor
Mr. William Dupler, Dep.
County Administrator
Colonel Thierry Dupuis,
Police Department
Mr. John W. Harmon,
Real Property Manager
Mr. Matt Harris, Dir.,
Budget and Management
Mr. Garrett Hart, Dir.,
Economic Development
Mr. George Hayes, Dir.,
Utilities
Mr. Louis Lassiter, Dep.
County Administrator
Ms. Mary Martin Selby,
Dir., Human Resources
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Susan Pollard, Dir.,
Public Affairs
Ms. Kiva Rogers, Dir.,
Social Services
Chief Edward Loy Senter,
Fire and EMS
Mr. Scott Smedley, Dir.,
Environmental Engineering
Mr. Jesse Smith, Dir.,
Transportation
Mr. Kirk Turner, Dir.,
Planning
Mr. Rick Witt,
Building Official,
Building Inspection
Dr. James Worsley, Dir.,
Parks and Recreation
Mr. Scott Zaremba, Dep.
County Administrator
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Mr. Elswick called the regularly scheduled meeting to order
at 3:00 p.m.
1. APPROVAL OF MINUTES FOR NOVEMBER 16, 2016
Ms. Blakley stated Board members had received a revision to
page 16-661 of the draft minutes.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved the minutes of November 16, 2016, as revised.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
2. COUNTY ADMINISTRATION UPDATE
Dr. Casey introduced Henrico County Manager John Vithoulkas
and Fire Chief Tony McDowell, joined by Chief Senter and
Firefighter Shawn Chambers, who updated the Board on the
Richmond Yacht Basin fire and expressed appreciation for the
help received from Chesterfield Fire and EMS. Fire Chief
McDowell stated several boats were destroyed and the cause of
the blaze is under investigation and thankfully no one was
injured. He further stated Henrico's fire boat was also
ruined in the fire. He noted Chesterfield Fire and EMS
assisted the Henrico Fire Department throughout the day
including Battalion Chief Vince Urquhart, Lieutenant Tyler
Murray, Lieutenant Bryce Ford, Firefighter Dwayne Elliot,
Firefighter Randall Parsons, Lieutenant Duane Garrison,
Firefighter Colin McCaffrey, Lieutenant Graham Lathrop,
Firefighter Travis Fand and Volunteer Firefighter Carl
Cencewizki.
Mr. Elswick expressed his appreciation to the Henrico Fire
Department and Chesterfield Fire and EMS personnel who
assisted that day.
2.A. EVERY DAY EXCELLENCE - COUNTY ATTORNEY
• Dr. Casey announced at its fall conference on October
28, the Local Government Attorneys of Virginia (LGA)
awarded its most prestigious award, the Edward J.
Finnegan Distinguished Service Award, to Chesterfield
County Attorney Jeffrey L. Mincks. He stated the
Finnegan Award is given annually to a single member of
the LGA who has made significant contributions to local
government law in Virginia. He noted that Mr. Mincks was
the first member of the organization to receive both the
Finnegan Award and the Cherin Award, which is awarded
annually to an outstanding deputy or assistant local
government attorney.
Mr. Mincks expressed his sincerest appreciation for the
special recognition and thanked his staff and the Board for
their continued support.
2.B. VACO GO GREEN AWARD PRESENTATION
Mr. Dean Lynch, Executive Director for VACo, presented the
VACo Go Green Award to the Board of Supervisors. He stated
the Go Green Government Challenge is a friendly competition
designed to encourage implementation of practical actions to
improve energy efficiency and reduce emissions generated by
both the local government and the broader community.
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2.C. SMALL BUSINESS JUMP START PROGRAM
2.D. NIAGARA BOTTLING PROJECT UPDATE
Mr. Hart updated the Board on the Small Business Jump Start
Program and introduced Mr. Aaron Bond, Project Manager for
Small Business Site Development. He stated the program will
provide financial incentives for starting and expanding small
businesses, while reducing regulations and increasing the
revenue threshold. He also provided an update to the Board on
this year's largest announced new business, Niagara Bottling
Company's progress by sharing a video.
Mr. Holland welcomed Mr. Bond to the county and stated he
looks forward to implementing new small business initiatives
in the future.
Mr. Winslow also welcomed Mr. Bond to the county.
In response to Mr. Elswick's request, Mr. Hart stated the
program's logo is in the process of being updated.
2.E. OTHER COUNTY ADMINISTRATION UPDATES
• Dr. Casey announced various sports tourism events that
took place in the county during November - the Capital
Fall Classic and the Shooting Star Field Hockey
Tournament. He also mentioned the Club Champions League
College Showcase and Tacky Light Run that took place
during the weekend of December 9-11.
3. BOARD MEMBER REPORTS
Ms. Haley announced she attended the 3rd Annual Tacky Lights
Run at Mid -Lothian Mines Park held on December 10th. She
described the successfulness of the event.
Ms. Jaeckle announced she was the Grand Marshal of this
year's Chester Kiwanis Christmas Parade held on December 11th.
She wished everyone a Merry Christmas and happy holidays.
Mr. Winslow announced Clover Hill High School's marching
band, the Marching Cavaliers, joined hundreds of other
student musicians from across the county on December 7th in
Honolulu as part of the 75th Pearl Harbor Mass Band.
Mr. Holland stated a Dale constituent, Ms. Angela Coleman,
Executive Director of the Commission on Virginia Alcohol
Safety Action Program was honored on November 30th for her
efforts relative to a program to prevent drunk driving
incidents.
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
replaced Item 9.B., Report of Planning Commission Substantial
Accord Determination for Chesterfield County Parks and
Recreation (Case 17PD0179) to Permit a Special Purpose Public
Park in a Light Industrial (I-1) District Located in the
Clover Hill Magisterial District (River City Sportsplex).
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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5. RESOLUTIONS
S.A. RECOGNIZING MR. JOSEPH A. "JOE" HORBAL, COMMISSIONER OF
THE REVENUE, UPON HIS RETIREMENT
Mr. Tim McPeters introduced Mr. Joseph A. Horbal, who was
present to receive the resolution.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Joseph A. "Joe" Horbal will retire as
Commissioner of the Revenue from Chesterfield County on
January 1, 2017; and
WHEREAS, armed with an undergraduate degree from the
University of Richmond, Mr. Horbal began serving Chesterfield
County on July 7, 1980, as a field auditor for the
Commissioner of Revenue, generating over $1 million in audit
revenue in his first year; and
WHEREAS, Mr. Horbal's exemplary performance and service
moved him rapidly through the ranks, earning him the
promotion to assistant commissioner in 1981, with a title
change to chief deputy commissioner in 1996, and ultimately
promotion to commissioner of the revenue on March 1, 2003,
with subsequent election and re -elections as commissioner of
the revenue to the present; and
WHEREAS, Mr. Horbal has served the citizens of
Chesterfield with marked integrity, making assessments and
other determinations pursuing the letter and intent of the
law, regardless of popular opinion, external pressures, or
consequences; and
WHEREAS, Mr. Horbal made customer service a continuous
hallmark of his office, by creating and improving processes
that followed a business model and put the taxpayers (his
"customers") first, insisting on direct accessibility to the
office, with a standard that each taxpayer reach a "live"
person on the phone or in person or receive a personal
response by mail when contacting the office for support; and
WHEREAS, during his more than 13 years as commissioner,
Mr. Horbal confidently managed growth and change in his
office and its processes, evaluating opportunities, rejecting
some and implementing others, most recently championing the
development of a new comprehensive tax management system to
ensure that the office and his successor are well-prepared
technologically for the future; and
WHEREAS, Mr. Horbal promoted professional development of
his staff, and thus high-quality service to the county, with
support for, and continuous evaluation of, career development
programs and professional associations allowing his staff to
grow in their work; and
WHEREAS, Mr. Horbal understood the importance of his
professional responsibility beyond the office, and in so
doing became an active proponent, in the General Assembly and
otherwise, of issues important to Chesterfield County and to
his fellow commissioners; and
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WHEREAS, Mr. Horbal achieved outstanding professional
recognition through certification as a Master Commissioner of
the Revenue from the University of Virginia Center for Public
Service, as well as through his participation as president of
the Central District and leadership in the Virginia
Commissioners of the Revenue Association; and
WHEREAS, more than anything else, Mr. Horbal has been a
committed and professional civil servant, a loyal friend to
many, a loving father, and a devoted husband, whose sense of
honor and integrity endures and leaves a legacy for us at the
county.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of December 2016,
publicly recognizes the contributions of Mr. Joseph A.
("Joe") Horbal to the citizens and administration of
Chesterfield County and extends appreciation for his
commitment 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. Horbal and that this
resolution be permanently recorded among the papers of the
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
Mr. Winslow presented the executed resolution to Mr. Horbal
and thanked him for his many years of loyal and dedicated
service to Chesterfield County.
Board members expressed their appreciation to Mr. Horbal for
his integrity, diligent service and valuable professionalism
and highly praised his many contributions to the community.
Dr. Casey presented Mr. Horbal with an acrylic statue and
county watch, expressed appreciation for his exceptional and
faithful service to the county and wished him well in his
retirement.
Mr. Horbal, accompanied by his wife, expressed his
appreciation to the Board for the special recognition and
kind sentiments.
S.B. RECOGNIZING MR. RICHARD A. CORDLE, COUNTY TREASURER,
UPON HIS RETIREMENT
Mr. Carey Adams introduced Mr. Richard A. Cordle, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Mr. Richard A. Cordle, after earning an
undergraduate degree from Virginia Commonwealth University
and holding positions of increasing responsibility in the
private sector and with the Commonwealth of Virginia, began
his career with Chesterfield County in 1988 as Chief Deputy
Treasurer; and
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WHEREAS, in June 1991, Mr. Cordle was appointed
Treasurer upon the retirement of Treasurer Mary Arline
McGuire; and
WHEREAS, in November 1991, Mr. Cordle was first elected
Treasurer by the citizens of the county and was subsequently
re-elected six times, each without opposition; and
WHEREAS, under Mr. Cordle's leadership, the county
became known as a leader in the Commonwealth for customer
service, innovation, and excellence in treasury management;
and
WHEREAS, Mr. Cordle was passionate about education and
self-improvement and believed that education should be a
life-long pursuit and that occupational education should be
meaningful, practical, job specific, and enjoyable; and
WHEREAS, Mr. Cordle worked diligently to create and
promote treasury education through the Treasurers'
Association of Virginia, participating in the development of
Treasurer and Deputy Treasurer certification programs and the
office accreditation program, and he also developed and
instructed numerous classes throughout his tenure on
important topics such as customer service; and
WHEREAS, Mr. Cordle served as the Dean of the School of
Applied Business and Technology for Chesterfield University
from August 2005 to July 2009, and during his term, he and
the board of advisors were instrumental in launching a
technology certificate program, which included hands-on
learning experiences; and
.WHEREAS, Mr. Cordle actively participated on numerous
boards and committees, including serving as chairman of the
VACo/VML Pooled OPEB Trust Board and the County Supplemental
Retirement Plan, and as a member of the Wells Fargo Treasury
Management Advisory Council and the county Information
Technology Steering Committee; and
WHEREAS, Mr. Cordle was recognized for his exceptional
leadership skills and abilities by being selected as
President of the Treasurers' Association of Virginia in 2003,
and, in addition, was awarded the Jefferson Award in 1996,
the President's Award in 2002, the Commonwealth Award in
2004, and the Treasurer of the Year Award in 2012 by the
Association for his excellent contributions; and
WHEREAS, Mr. Cordle implemented many innovations and
process improvements as Treasurer which enhanced customer
service and saved taxpayers tens of thousands of dollars,
which included the combination of personal property tax and
vehicle decal billings, the subsequent elimination of the
vehicle decal, the automation of delinquent collection
actions such as the State Set -Off Debt and Vehicle
Registration Withholding Programs, the automation of the real
estate tax billing and payment processes involving mortgage
companies and tax services, and the implementation of a
state-of-the-art cash receipts system; and
WHEREAS, Mr. Cordle commendably performed his duties as
the county's tax collector, consistently collecting over 99
percent of property taxes levied during his tenure; and
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WHEREAS, Mr. Cordle also performed his duties as the
county's chief investment officer in an outstanding manner by
maximizing the interest earned on collected funds and
consistently garnering rates of return exceeding state and
national benchmarks; and
WHEREAS, Mr. Cordle was responsible for safeguarding
county funds under his control, maintaining accurate
accounting records, and establishing and maintaining a strong
system of internal controls and management oversight that
ensured fiscal integrity and helped attain and maintain the
county's coveted AAA bond rating from all three rating
agencies; and
WHEREAS, Mr. Cordle was a talented leader and
consummate team player who genuinely cared about his staff
and worked persistently to cultivate an environment where
staff could grow and excel, always armed with a smile, a
quick wit and a great sense of humor; and
WHEREAS, Mr. Cordle worked diligently to hire and
retain exceptional personnel committed to customer service
and excellence; and
WHEREAS, Mr. Cordle was passionate about serving all
customers with fairness and excellence and, leading by
example, worked tirelessly alongside staff, assisting
hundreds of walk-in taxpayers around tax due dates; and
WHEREAS, Mr. Cordle sincerely appreciated the excellent
efforts of his staff to provide world-class service daily and
during stressful peak workload periods, and showed his
gratitude in many different ways including the Richard's
Rewards Program and single-handedly preparing holiday meals
for all staff; and
WHEREAS, Mr. Cordle solicited customer feedback to
monitor service and received consistently excellent feedback
on the service provided; and
WHEREAS, Mr. Cordle encouraged participation in each of
the county's employee satisfaction surveys, and his office
always ranked as one of the top departments within the county
to work; and
WHEREAS, Mr. Cordle will be sorely missed for his
exceptional leadership, his faithful service, his unwavering
commitment to education, and his dedication to excellence in
customer service and treasury management.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of December 2016,
publicly recognizes Mr. Richard A. Cordle for his 28 years of
exemplary service to the residents of Chesterfield County,
and conveys to Mr. Cordle best wishes for a long, happy, and
fulfilling retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Cordle and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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Mr. Holland presented the executed resolution to Mr. Cordle
and thanked him for his many years of loyal and dedicated
service to Chesterfield County.
Board members expressed their appreciation to Mr. Cordle for
his integrity, diligent service and valuable professionalism
and highly praised his many contributions to the community.
Dr. Casey presented Mr. Cordle with an acrylic statue and
county watch, expressed appreciation for his exceptional and
faithful service to the county and wished him well in his
retirement.
Mr. Cordle expressed his appreciation to the Board for the
special recognition and kind sentiments.
6. WORK SESSIONS
6.A. REVITALIZATION AND PRESERVATION AREAS FOR PURPOSES OF
IMPLEMENTING THE ROAD CASH PROFFER POLICY
Mr. Schlaudt stated the Board recently amended the Road Cash
Proffer Policy, which allows the county to consider unique
circumstances for revitalization or preservation projects
when the development proposal meets established locational or
other criteria for revitalization or preservation. He further
stated relief from the road cash proffer in Revitalization
Areas should encourage private investment, which can be a
catalyst for community revitalization. He stated criteria for
Revitalization Areas should be objective, measurable,
reliable, and valid indicators of revitalization needs. He
further stated the approach would help provide fairness,
consistency, and predictability in the zoning process. In
addition, he stated that such an approach would help focus
and prioritize revitalization initiatives in areas of
greatest need. He further stated revitalization indicator
data is already updated and reviewed annually as part of the
regular work of the Revitalization Office. He stated measures
of improved revitalization, such as investment and property
maintenance, are best observed over time. He noted the
benefits of showing Revitalization Areas on a map include
certainty and predictability for the development community,
efficient and expedient zoning application review,
transparency, and communicating a clear commitment to areas
in need of revitalization. He stated the Road Cash Proffer
Policy allows case-by-case evaluation of transportation
impacts of development projects outside of revitalization and
preservation areas. He further stated in some cases, the road
cash proffer amount may be significantly reduced. He stated
due to the complexity of evaluating locational and other
criteria, staff recommends a phased review process and
evaluation of criteria for preservation, village, or other
geographic areas where the road cash proffer would not be
accepted.
Mr. Winslow stated looking at the criteria of how lines are
drawn in county districts, it seems that some criteria may be
more indicative than others of a revitalization need. He
further stated he would like to create a greater discussion
relative to distinctive standards and how much it reflects a
need for revitalization.
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In response to Mr. Holland's question, Mr. Schlaudt stated
individual criteria means something different in various
communities. He further stated real estate assessment change
is influenced by many different factors. He stated when
weighting assessment change as the primary indicator, it may
be misleading by incorrectly indicating that newer
communities in the western part of the county have a greater
revitalization need.
Mr. Holland stated there may not be a revitalization need in
certain broad areas of the county, for example building age
could trump owner occupancy. He expressed concerns relative
to precluding the receiving of any revenue and exemption of
tax increases on housing assessments.
In response to Mr. Holland's question relative to age
demographics, Mr. Schlaudt stated staff has not yet discussed
that particular topic.
Mr. Holland stressed the importance of efficient zoning
application review and transparency relative to
revitalization areas.
Ms. Jaeckle expressed concerns relative to the complications
of the plan. She stated there is a pattern of development
going westward in the county. She further stated Chester does
not have much new development; however, the transportation
network has already been established for the opportunity to
bring in younger families and build larger homes. In regards
to tax credits, she stated there needs to be more indicators
in order to meet certain criteria. She expressed concerns
relative to disincentives to new development in and around
the Jefferson Davis Corridor. She stressed the importance of
weighting criteria in regards to assessment trends in
revitalization areas.
Ms. Haley stressed the importance of identifying areas that
could fall into a category not yet recognized. She stated
reforming the proffer policy and attracting development in
revitalization areas is also very important. She noted the
possibility of identifying other revitalization areas and
refining those locations on a case-by-case basis. She
recommended revisiting the issue sooner rather than the
suggested one-year timeframe.
Mr. Elswick stated program effectiveness should be evaluated
sooner than every few years or as significant community
changes occur to determine which desires must be met. He
recommended that staff report to the Board every 12 months in
regards to accomplishments and specific modifications to the
policy. He expressed concerns relative to language regarding
the determination of geographic areas where the road cash
proffer would not be accepted. He suggested creating
flexibility in regards to evaluating criteria for road cash
proffers.
Ms. Jaeckle state Route 288 seems to be a dividing line
relative to age of housing. She inquired whether there are
any major road improvements planned to relieve any future
development that may happen east of Route 288. She stated
major transportation improvements and infrastructure would be
essential in order to accommodate new development in the
western part of the county.
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In response to Ms. Jaeckle's question, Mr. Schlaudt stated
there is new development potential for about 11,000
additional units in the proposed revitalization area. He
noted 5,500 are zoned residential, and 30 percent of these
potential units are on vacant or undeveloped properties. He
stated the average age of housing is about 38 years in the
eastern part of the county.
Mr. Holland expressed concerns relative to substandard
roadways in the proposed map area and stressed the importance
of maintaining the quality of secondary county roadways.
Dr. Casey stressed the importance of focusing on defining
where interest should be placed to focus on the cause and
goal of establishing revitalization areas and incremental
steps to incentivize maintaining the quality of
infrastructure within communities. He suggested creating a
team of staff members, as well as business investment
partners, to define needs and wants within certain areas of
the county.
Discussion ensued relative to Board action.
Mr. Winslow made a motion, seconded by Ms. Jaeckle, for the
Board to defer consideration of determining locational
criteria for designating Revitalization Areas for purposes of
implementing the Road Cash Proffer Policy to January 25,
2016.
In response to Mr. Holland's question, Mr. Schlaudt stated
there are several zoning cases moving through the pipeline
that may be impacted by the Board's decision. He stressed the
importance of Board guidance on the matter.
Mr. Dupler stated if the Board feels comfortable with the
proposed designated revitalization areas, staff can bring
forward additional criteria pertaining to those areas on
January 25, 2016. He further stated designating an area map
will provide certainty for applicants interested in
purchasing property.
Mr. Holland stated he feels comfortable with the concept and
outlined areas. He expressed concerns relative to postponing
the approval of pending zoning cases.
Ms. Jaeckle stated the proffer policy already allows case-by-
case evaluation of development without proffers because of
certain circumstances.
Mr. Holland stated the goal was to eliminate ambiguity in the
process of zoning relative to the cash proffer.
In response to Mr. Holland's question, Mr. Turner stated
there is a Board adopted document which sets the geography,
and the applicant has a clear message from the Board that
within that geography they are not expected to pay a cash
proffer. He further stated Planning staff can make an
assessment based upon information provided and make a
recommendation to the Board.
Mr. Elswick called for a vote on Mr. Winslow's motion,
seconded by Ms. Jaeckle, for the Board to defer consideration
of determining locational criteria for designating
Revitalization Areas for purposes of implementing the Road
Cash Proffer Policy to January 25, 2016.
Ayes: Elswick, Jaeckle, Winslow and Haley.
Nays: None.
Abstain: Holland.
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7.
7.A.
DEFERRED ITEMS
CONSIDERATION OF VARIOUS CHANGES TO THE COUNTY CHARTER
Mr. Mincks stated staff has gathered citizen input on the
proposed charter amendments through individual meetings and
conversations; the November 16 public hearing; and the
community meeting held on December 1, 2016. He further stated
the amendments reflect changes to the original charter
amendment proposal based on the feedback received both from
citizens and Board members. He stated staff recommends the
proposed charter amendments be adopted by the Board and
forwarded to the General Assembly for its consideration
during the 2017 General Assembly session.
Mr. Winslow made a motion for the Board to adopt the proposed
charter amendments, forward them to the General Assembly and
have the County Attorney prepare amendments to the county's
substantial accord policy to coincide with Freddy Boisseau's
suggestion at the community meeting related to the County
Charter.
Ms. Jaeckle seconded Mr. Winslow's motion.
Ms. Jaeckle expressed her appreciation to those citizens who
provided their feedback at the community meeting.
Mr. Holland
amendments.
changes for
input.
Ms. Haley
remarks.
voiced his support of the proposed charter
He recommended deferring consideration of future
citizens to have ample time to provide their
concurred with Ms. Jaeckle and Mr. Holland's
Mr. Elswick called for a final vote on Mr. Winslow's motion,
seconded by Ms. Jaeckle, for the Board to adopt the following
proposed charter amendments, forward them to the General
Assembly and have the County Attorney prepare amendments to
the county's substantial accord policy to coincide with
Freddy Boisseau's suggestion at the community meeting related
to the County Charter:
PART I THE CHARTER
CHAPTER 1. CHARTER AND BOUNDARIES
S 1.1. Charter.
The General Assembly hereby charters the County of
Chesterfield, a political subdivision of the Commonwealth of
Virginia, as a county within the Commonwealth of Virginia and
as such shall have perpetual succession and all other powers
and responsibilities granted by this charter or general law.
S 1.2. Transition to charter form of government.
Upon granting of this charter, the County of Chesterfield
shall be liable for the bonded indebtedness and current debts
and obligations of the County of Chesterfield as such
obligations exist immediately preceding existence of the
Charter. The County of Chesterfield shall succeed in right
and title to all assets, properties, contracts and rights of
every nature then possessed by the county, including all
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money belonging to the county and its books, records, papers
and all other things of value. All ordinances, rules,
regulations, policies and orders made by the County of
Chesterfield, all Special Acts of the General Assembly
conferring any authority, powers and privileges upon the
County of Chesterfield, in force at the effective date of
this charter insofar as they, or any portion thereof are not
inconsistent herewith, shall remain in full force and effect
until amended or repealed in accordance with the provisions
of this charter and general law.
The County of Chesterfield shall succeed to all rights and
privileges of the former county with respect to laws under
which its water supply system and its sewerage and sewage
disposal system have been and are being installed, maintained
and operated. All the county levies and taxes, both current
and delinquent, and all school and other funds held by the
Commonwealth to the credit of the County of Chesterfield
shall be turned over to the chartered County of Chesterfield.
The tax levy and assessments made for the current and ensuing
year or years shall stand as the levy and assessment of the
county. All contracts entered into by the county for
materials or supplies or construction work in force on the
date of chartering shall thereby become the contracts of the
chartered county.
§ 1.3. Transition of office holders.
Upon granting of the charter the persons holding office as
members of the board of supervisors of the county at the
moment of the granting of a charter shall become members of
and shall constitute the Board of Supervisors of the County
of Chesterfield and shall continue to constitute such board
until the election and qualification of their successors
subject to the following specific requirements and
qualifications:
As members of the new board of supervisors they shall
continue to have and exercise all of the rights, powers, and
privileges conferred on such board, and shall be subject to
all of the duties, liabilities and restrictions now imposed
by law on the government of counties using the nonoptional
form of government and as vested in members of the board by
the provisions of this charter.
Those persons who shall hold office as Commonwealth's
attorney, clerk of the circuit court, sheriff, treasurer and
commissioner of revenue, immediately preceding granting of a
charter, shall by virtue of such chartering become
respectively the Commonwealth's attorney, clerk of the
circuit court, sheriff, treasurer and commissioner of revenue
of the County of Chesterfield, and shall continue to hold
office until the expiration of the respective terms for which
they were elected or appointed and until their successors
have been elected and have qualified. Such officers and their
successors shall have and exercise all of the rights, powers
and privileges conferred upon them and shall be subject to
all of the duties, liabilities and restrictions imposed by
law upon such officers of counties of the Commonwealth.
S 1.4. Effective date.
This charter shall be in effect from January 1, 1988, and
thereafter until repealed or amended as provided by law.
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CHAPTER 2. POWERS OF COUNTY
§ 2.1. General grant of powers.
The powers set forth in title 15.2 of the Code of
Virginia, and all other powers which are now or may be
conferred upon or delegated to counties under the
Constitution and laws of the Commonwealth and all other
powers pertinent to the conduct of a county are hereby
specifically conferred upon the County of Chesterfield, and
no enumeration of particular powers in this charter shall be
held to be exclusive but shall be held to be in addition to
this general grant of powers. The scope of all powers
conferred by this charter shall be liberally interpreted so
as to best effectuate the responsibility of the board of
supervisors to perform its duty to govern the county.
S 2.2. Additional powers.
In addition to the powers granted by other sections of
this charter and general law, the county shall have the power
to raise annually by taxes and assessments as permitted by
general law, such sums of money as the board shall deem
necessary to pay the debts and defray the expenses of the
county, in such manner as the board shall deem expedient. In
addition to, but not as a limitation upon this general grant
of power the county shall have power to levy and collect ad
valorem taxes on real estate and tangible personal property
and machinery and tools; to levy and collect taxes on hotel
and motel rooms; to levy and collect business taxes, local
general retail sales and use tax as provided by law; unless
prohibited by general law to require licenses, prohibit the
conduct of any business, profession, vocation or calling
without such a license, require taxes to be paid on such
licenses in respect of all businesses, professions, vocations
and callings which cannot, in the opinion of the board be
reached by the ad valorem system; to franchise any business
or calling so as to protect the public interest; and to
require licenses of all owners of vehicles of all kinds.
In addition to the other powers conferred by law, the
County of Chesterfield shall have the power to impose, levy
and collect, in such manner as its board may deem expedient,
a consumer tax upon the amount paid for the use of water,
gas, electricity, communications services, and any other
public utility service within the county or upon the amount
paid for any one or more of such public utility services,
subject to provisions of general law and may provide that
such tax shall be added to and collected with bills rendered
consumers and subscribers for such services. The county may
establish and collect such fees as the board of supervisors
may deem reasonable for the rendering of special services.
§ 2.3. Acquisition of real estate.
In addition to the powers granted by other sections of
this charter the county may acquire property within or
without its boundaries for any of its facilities or
functions, in fee simple or lesser interest or estate, by
purchase, gift, devise, lease, or eminent domain for property
within the county, and may sell, lease, hold, manage, and
control such property as the county's interest may require.
No judicial process need precede the exercise of these powers
except for acquisition of property by eminent domain.
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S 2.4. Special districts.
The county, in addition to any other authority provided by
law, may by ordinance create special districts or areas
within the county if those areas desire additional or more
complete governmental services than are desired in the county
as a whole. The board of supervisors shall have the power to
levy a higher tax in such areas, and the proceeds therefrom
shall be so segregated as to enable the same to be expended
in the areas in which raised.
S 2.5. Abandonment of road.
The governing body of the county on its own motion may
cause any section of the secondary system of highways deemed
by it to be no longer necessary for the uses of the secondary
system of highways to be abandoned altogether as a public
road by complying substantially with the procedure provided
for in § 33.2-909 of the Code of Virginia including notice of
intention to abandon any such road by publication in two (2)
or more issues of some newspaper having general circulation
in the county. Such notice shall specify the time and place
of the hearing at which persons affected may appear and
present their view, which shall not be less than six (6) days
nor more than twenty-one (21) days after the second newspaper
advertisement.
A finding by the governing body, after a public hearing,
that a section of the secondary system of highways is no
longer necessary for the uses of the secondary system may be
made if the following conditions exist:
1. The road is located within a residence district as the
latter is defined in § 46.2-100 of the Code of Virginia;
2. Continued operation of the section of road in question
constitutes a threat to the public safety and welfare;
and
3. Alternate routes for use after abandonment of the road
are readily available. Any order of abandonment issued
in compliance with this section shall give rise in
subsequent proceedings, if any, to a presumption of
adequate justification for the abandonment.
Appeals from any order of abandonment may be made as
provided for in § 33.2-910 et seq. of the Code of Virginia.
CHAPTER 3. BOARD OF SUPERVISORS
§ 3.1. Composition and election.
The County of Chesterfield shall be divided into five (5)
magisterial districts, which shall comprise the five (5)
magisterial districts of the County of Chesterfield as
existing immediately preceding the effective date of this
charter and shall be known as the Districts of Bermuda,
Clover Hill, Dale, Matoaca and Midlothian. The county board
shall consist of five (5) members and shall be elected one
(1) from each district. Such board members shall qualify and
be elected as provided by general law for members of county
boards of supervisors. The board may redistrict or change the
number, form of the membership or manner of electing board
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members in accordance with general law without the necessity
of amending the charter.
Vacancies in the office of supervisor, from whatever
cause, shall be filled within sixty (60) days by an interim
appointment by a majority vote of the remaining members of
the board; provided that, so long as any supervisor is
elected from a magisterial district, such vacancy shall be
filled by a qualified voter residing in the same magisterial
district. If a vacancy is not filled by the board within
sixty (60) days as provided herein, the vacancy shall be
filled in accordance with general law. In either event the
person so appointed shall serve until the vacancy is filled
by an elected member in accordance with general law.
Members of the board of supervisors shall act in
accordance with the Virginia State and Local Government
Comprehensive Conflict of Interests Act, as now written or as
amended.
§ 3.2. Compensation.
The board members shall receive as compensation for their
services such amounts as the board may determine, provided
that no salary increase approved by the board shall be
effective during the term of such board. The salary in effect
upon chartering shall remain in effect until changed by the
board. No member of the board shall be appointed to any paid
office under the county government during the term for which
elected and for one (1) year thereafter. In addition to a
salary, members of the board may receive reimbursement for
reasonable expenses incurred in the conduct of county
business.
§ 3.3. Presiding officer.
The board at its first meeting and annually thereafter,
unless otherwise provided by the board, shall elect one (1)
of its members, who shall have the title of chairman and
shall preside at meetings of the board and shall be
recognized as head of the county government for all official
ceremonial purposes. The chairman shall be selected as the
person best able to lead the board in its responsibility to
act collectively on behalf of the county as a whole. The
board shall elect a new chairman when a vacancy occurs in
that office. The board shall also elect a vice-chairman who
shall act as chairman during the absence or disability of the
chairman. The chairman shall have the same powers and duties
as other members of the board and shall have a vote but no
power of veto.
§ 3.4. Procedural powers.
The board shall have the power, subject to the provisions
of this charter, to adopt its own rules of procedure and
other guidelines controlling the actions of its members. Such
rules shall provide for the time and place of holding regular
meetings of the board which shall be not less frequently than
once a month. The procedure for calling special meetings
shall be as provided by general law in the Code of Virginia.
A majority of the board shall constitute a quorum for the
transaction of business. The board collectively has the power
to censure or otherwise discipline its members, excluding
removal from office, for failure to comply with its rules of
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procedure or
voting except
own official
interests are
guidelines.
on matters
conduct or
involved.
§ 3.5. Powers.
No member shall be excused from
involving the consideration of his
where his financial or personal
The board of supervisors shall be the policy determining
body of the county and shall be vested with all rights and
powers conferred on governing bodies by general law not
inconsistent with this chapter. All powers vested in the
county by this charter, and to counties generally by the Code
of Virginia, shall be exercised by the board collectively
except as otherwise provided in this charter, or in the
Constitution of Virginia. In addition to the foregoing, the
board shall have the following powers:
a. To control and manage the fiscal affairs of the
county and all property, real and personal,
belonging to the county.
b. To provide revenue for the county and appropriate
the revenue for expenses, also to provide the
annual assessments of taxable persons and property
in the county, and it may adopt such ordinances,
orders and bylaws relating to the powers of this
charter as it shall deem proper and necessary.
C. To adopt such ordinances, bylaws, orders and
regulations as it may deem desirable to carry out
the following powers which are hereby vested in
them:
(1) To provide for the preservation of the general
health of the inhabitants of the county.
(2) To provide and regulate county -owned or
county -operated hospitals or nursing homes
within the county limits.
(3) To require and compel the abatement and
removal of all nuisances within the county, at
the expense of the person or persons causing
the nuisance, or the occupant or owner of the
ground where the nuisance may be.
(4) To preserve public peace and good order; to
prevent and quell riots, disturbances,
disorderly assemblages, environmental hazards
and shortages; and the board shall also have
the power to adopt such additional ordinances
as it may deem necessary for the general
welfare of the county.
d. To create, alter or abolish departments, bureaus,
divisions, offices or agencies except where such
bureaus, divisions, offices or agencies are
specifically defined by this charter or general
law.
e. To create, alter and abolish commissions and
advisory boards to assist the county in
accomplishing its statutory responsibilities except
where such commissions and advisory boards are
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specifically defined by this charter or general
law.
f. To provide for the number, title, qualifications,
powers, duties, classification and compensation for
all officers and employees of the county.
g. To provide for the form of oaths who shall
administer oaths and the amount and condition of
surety bonds to be required of certain officers and
employees of the county.
h. To make such investigation relating to the
financial affairs and internal operations of the
county government as they may deem necessary.
i. As a collective body, to make appointments to
boards, commissions and other bodies as provided by
law or board action provided that all such
appointments shall serve as county -wide
appointments and make decisions reflective of
general county needs rather than magisterial
district needs.
j. To cause to be abandoned as a public road, a street
or section of a street within a recorded
subdivision upon a finding by the board that (i)
continued operation of the street or section
constitutes a threat to the public safety and
welfare and (ii) alternate transportation routes
will be readily available after abandonment of such
street or section.
Nothing contained herein shall be construed to deprive the
board of supervisors or county of any of the powers conferred
upon them, either by general or special laws of the
Commonwealth of Virginia, except insofar as the same may be
inconsistent with the provisions of this charter.
§ 3.6. County clerk.
The board may appoint a county clerk who shall serve at
the pleasure of the board. He shall be clerk of the board and
custodian of the corporate seal of the county and he shall
have such other public duties as prescribed by general law or
as the board may prescribe. The clerk shall in addition:
(1) Record in a book to be provided for that purpose
all of the proceedings of the board.
(2) Make regular entries of all the board's resolutions
and decisions on all questions concerning the
raising of money.
(3) Record the vote of each board member on any
question submitted to the board if required by any
member present.
(4) Preserve and file all accounts and papers acted
upon by the board with its action thereon.
If the board chooses not to appoint a county clerk, such
duties and responsibilities shall be performed by the county
administrator.
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CHAPTER 4. COUNTY ADMINISTRATOR
S 4.1. Appointment of county administrator.
The board shall appoint a county administrator who shall
be the administrative head of the county government
responsible for the proper administration of the government
as reflected by the legislative and policy directions of the
board and by general law. He shall be chosen solely on the
basis of his executive and administrative qualifications. He
shall serve at the pleasure of the board and shall enforce
the laws of the county and, where applicable, the
Commonwealth and shall ensure the faithful performance of all
administrative duties required by the board. The board may
enter into an employment agreement with the county
administrator, defining terms of employment.
§ 4.2. Duties and responsibilities.
The county administrator shall have all the responsibility
and shall carry out all the duties prescribed by § 15.2-407
of the Code of Virginia, as now and hereafter may be amended
and in addition, such other duties and responsibilities as
may be established by the board of supervisors.
The county administrator shall devote his full time to the
work and services of the county under the direction of the
board of supervisors to whom he shall be accountable. He need
not be a resident of the county at the time of his
appointment but .must become an actual resident of the county
within a time prescribed by the board.
Any person, other than a member of the board, holding an
elective office may be appointed county administrator but his
qualification for office shall not be valid until the
expiration of one year from the time he shall resign his
elected office.
In the case of the absence or disability of the county
administrator, the board shall designate a county official to
perform the duties of his office.
In addition to such responsibilities, it shall be the duty
of the county administrator:
(1) To execute and enforce all lawful resolutions and
orders of the board concerning any department in
the county government, and to see that all laws of
the Commonwealth required to be enforced through
the board are faithfully executed.
(2) To make reports to the board in regard to matters
of administration, and keep it fully advised as to
the financial condition of the county.
(3) To appoint qualified officers and employees to head
the administrative departments of the county and to
dismiss, suspend and discipline, in accordance with
duly adopted personnel regulations, all officers
and employees in such departments, except as
otherwise specifically provided by law or this
charter. Department heads who are appointed by the
county administrator shall serve at the pleasure of
the county administrator. Deputy county
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administrators shall be appointed by the county
administrator upon the approval of the board of
supervisors. The real estate assessor shall be
appointed by the county administrator.
(4) To designate himself or some other officer or
employee to perform the duties of any office or
position of the administrative service under his
control which is vacant or which lacks
administration due to the absence or disability of
the incumbent.
(5) To recommend to the board appropriate ordinances to
carry out the policies of the board.
(6) To assign any employee of the county to any
department requiring services in accordance with
duly adopted personnel regulations.
(7) To prescribe such rules and regulations as he deems
necessary or expedient for the conduct of
administrative departments or agencies subject to
his authority, and he shall have the power to
revoke, suspend or amend any rule or regulation of
any such department or agency, promulgated by any
officer or employee subject to his control, so long
as such rules or regulations are not promulgated by
the board of supervisors.
(8) To investigate and examine or inquire into the
affairs or operation of any department, division,
office or agency of the county.
(9) To attend and address the board at any meeting
thereof.
(10) May direct any department, division or agency of
the county to perform work for any other
department, division or agency and may, subject to
his retention of general supervision and control,
delegate any powers and duties conferred upon him
by this charter to any other officer or employee
who is subject to his supervision.
In addition to the foregoing enumerated duties and
responsibilities, the county administrator shall have all
other duties and responsibilities imposed upon or granted to
him by other provisions of this charter or conferred upon him
by the board of supervisors.
CHAPTER 5. BUDGET AND ACCOUNTING
§ 5.1. Fiscal year.
The fiscal year of the county shall begin on the first
day
of July of
each year and shall also constitute
the budget
and
accounting
year. Except as provided for in this charter,
the
provisions
of title 15.2 of the Code of
Virginia shall
control
the preparation, consideration,
adoption
and
execution
of the budget of the county.
S 5.2. Submission of budget and budget message.
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The county administrator shall submit to the board a
recommended operating and capital improvement budget and a
budget message by March 15th of each year.
The budget message shall contain the recommendation of the
county administrator concerning the fiscal policy of the
county, a description of the important features of the
budget, a five-year capital budget, a three-year projection
for revenues and expenditures and an explanation of all
significant changes in the budget as to estimated receipts
and recommended expenditures as compared with the current and
last preceding fiscal years. No later than March 1st of each
year, the superintendent of schools shall submit to the
county administrator his estimate of projected revenues and
expenditures for the next fiscal year in a form requested by
the county administrator as well as a five-year capital
improvements program. By January 1st of each year the
director of social services, the director of mental health
support services, the extension agent, the circuit court and
district court and the constitutional officers shall submit
to the county administrator their estimates of projected
revenues and expenditures for the next fiscal year in a form
requested by the county administrator.
S 5.3. Introduction of appropriation resolution.
At the same time that he submits the budget, the county
administrator shall recommend to the board an appropriation
resolution and any ordinances recommending new taxes or
altering the rate of any existing tax necessary to balance
the budget.
§ 5.4. Adoption of budget.
After the public hearing as required by law the board may
make such changes in the budget as it may determine, except
that no item of expenditure for debt service shall be reduced
or omitted below what the county is obligated to pay. The
operating budget and capital improvements budget shall be
adopted by resolution by the vote of at least a majority of
all members of the board not later than May 1st of each year.
Appropriations in addition to those contained in the general
appropriation ordinance may be made by the board only if
there is available in the general fund an unencumbered and
unappropriated sum sufficient to meet such appropriations.
§ 5.5. Borrowing.
The board of supervisors may incur indebtedness by issuing
bonds, notes or other obligations for the purposes, in the
manner and to the extent provided for by the Constitution of
Virginia and the Code of Virginia. The term indebtedness
shall not include contractual obligations of the county,
lease/purchase agreements subject to annual appropriations
and revenue bonds payable solely from revenue producing
properties or activities.
CHAPTER 6. ADMINISTRATION
§ 6.1. Departments and divisions.
The departments and divisions of the county in existence
on July 1, 2017 shall remain in existence unless changed in
accordance with this charter.
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The board of supervisors, in consultation with the county
administrator, may create, combine, or abolish existing
departments or divisions, distribute the functions thereof,
and establish temporary departments or divisions for special
work, provided, however, that neither the county
administrator nor the board shall have the power to abolish,
transfer or combine the functions of the constitutional
officers or public school functions.
§ 6.2. Responsibilities of department heads.
here shall be a director at the head of each department.
The director of each department, except the constitutional
officers, chief of police and the county attorney, shall be
appointed by the county administrator in consultation with
the board in advance of such proposed appointment and such
appointment shall be subject to board veto in accordance with
this charter. Such directors shall serve in accordance with
applicable personnel policies and may be removed by the
county administrator upon advising and informing the board in
advance of such decisions. The director of each department
shall be chosen on the basis of his executive and
administrative ability, experience and education. The
director of social services and the director of mental health
support services shall be appointed in accordance with this
charter.
S 6.3. Responsibility of department directors to the board
and county administrator.
The directors of each department, except the
constitutional officers and those departments not appointed
by the county administrator or board of supervisors, shall be
responsible to the county administrator and board for the
administration of their respective departments and their
advice may be required by the board on all matters affecting
their departments. They shall make reports and
recommendations concerning their departments, but unless
specifically requested, such reports and recommendations
shall be made by the county administrator under such rules as
the board may prescribe.
S 6.4. Personnel rules and regulations.
Personnel system shall be established by the board of
supervisors for county officials and employees. Such a system
shall be based on merit and professional ability without
regard to race, national origin, religion, sex or political
affiliation. The personnel system shall include a
classification plan for service, a staff development plan, a
uniform pay plan and a procedure for resolving grievances for
employees of the county as provided by general law. Employees
of constitutional officers and other agencies may participate
in the personnel system at the discretion of the board and
upon the concurrence of the constitutional officer.
S 6.5. County attorney.
The county attorney shall be the chief civil legal advisor
of the board, the county administrator and of all
departments, boards, commissions and agencies of the county
in all matters affecting the interests of the county and
shall represent such departments and its employees in all
civil litigation arising out of the provision of services. In
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addition to the duties of the county attorney provided by
general law, the county attorney shall perform such other
appropriate responsibilities as are assigned to him by the
board. The county attorney shall be appointed by the board,
shall serve at its pleasure, and his compensation shall be
fixed by the board. He shall devote his full time and
attention to the work and services of the county and the
board may authorize the employment of assistant county
attorneys as needed.
S 6.6. Reserved.
S 6.7. Department of police.
The police department shall be composed of a chief of
police and such officers, patrolmen and other employees as
the board of supervisors may determine. The powers and duties
set forth in § 15.2-1704 of the Code of Virginia shall apply
to the police force. The chief of police shall be responsible
for the immediate direction and control of the department.
The chief shall solely, within his discretion and subject to
the other provisions herein, select, employ, promote, and
terminate such officers, patrolmen and employees. He shall
also select, employ, promote, and terminate the animal warden
and his deputies, provided that all other provisions of §
3.2-6555 of the Code of Virginia remain in effect. The chief
may adopt rules and regulations for the police department in
the same manner as rules and regulations are adopted for
other departments.
The chief shall be appointed by the board of supervisors
on recommendation of a committee of not more than five (5)
persons. The committee shall consist of the county
administrator and at least one (1), but not more than one
(1), of the following:
(a) one (1) member of the board of supervisors,
(b) one (1) citizen from�the community, who is not at
the time he serves on the committee an employee of the
Chesterfield County department of police, appointed by the
chief circuit court judge, and
(c) one (1) member with police experience appointed by
the board.
The remaining member, if any, shall be appointed by the
board and shall be neither an elected nor an appointed county
official. The chief of police can only be dismissed by the
board of supervisors for cause.
S 6.8. Reserved.
§ 6.9. Department of social services.
The department of social services shall consist of the
director of social services, a social services board, and
such other officers and employees organized in such manner as
may be provided by the director. The department shall be
responsible for the duties imposed by the laws of the
Commonwealth of Virginia relating to public assistance and
relief of the poor and such other powers and duties as may be
assigned by the board of supervisors or the social services
board. The director of social services shall be appointed by
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the social services board and he shall have general
management and control of the department. The director shall
in all ways cooperate with the county administrator so that
the provision of social services is fairly coordinated with
the provision of other governmental services. The social
services board shall consist of members appointed in the same
fashion as existed prior to the adoption of a charter or
modified in accordance with general law. The social services
board shall have such authority as is vested in it by general
law and may adopt necessary rules and regulations not in
conflict with this charter or general law concerning such
department. The social services board and the board of
supervisors shall meet jointly at least annually for the
purpose of discussing common issues and methods of providing
the most efficient services to the public. In addition, at
least annually prior to January 1st, the director shall meet
with the county administrator to discuss program plans and
budgetary needs for the next fiscal year.
S 6.10. Department of mental health support services.
The department of mental health support services shall
consist of the director of mental health support services, a
community services board, and such officers and employees
organized in such manner as may be provided by the director.
The department shall be responsible for the duties imposed by
the laws of the Commonwealth of Virginia relating to mental
health support services and such other powers and duties as
may be assigned by the board of supervisors or the community
services board. The director of mental health support
services shall be appointed by the community services board
and he shall have general management and control of the
department. The director shall in all ways cooperate with the
county administrator so that the provision of mental health
support services is fairly coordinated with the provision of
other governmental services. The community services board
shall consist of members appointed in the same fashion as
existed prior to the adoption of a charter. The community
services board shall have such authority as is vested in it
by general law and may adopt necessary rules and regulations
not in conflict with this charter or general law concerning
such department. The community services board and the board
of supervisors shall meet jointly at least annually for the
purpose of discussing common issues and methods of providing
the most efficient services to the public. In addition, at
least annually prior to January 1st, the director shall meet
with the county administrator to discuss program plans and
budgetary needs for the next fiscal year.
§ 6.11. Department of health.
The department of health shall perform such
responsibilities as are placed on local health departments by
the general laws of the Commonwealth and shall be responsible
for the protection of the public health as existed prior to
the adoption of a charter. The director of health shall be
appointed from a list of eligible appointees in accordance
with general law after consultation with the board of
supervisors. The management of the department shall be the
responsibility of the director of health who shall coordinate
the provision of services with the county administrator. The
director shall appoint and remove such employees in such a
manner as is authorized by the Commonwealth of Virginia and
in accordance with established state and county personnel
policies.
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5 6.12. Internal auditor.
The internal auditor shall be responsible for providing
internal accounting and auditing controls to assure
compliance with applicable laws, contractual obligations and
accepted accounting practices to safeguard against loss or
inefficiency. Such internal auditor shall have access to all
records or documents .of the county and the school board of
the county subject to applicable law.
§ 6.13. Department of economic development.
The department of economic development shall consist of a
director and such officers and employees organized in such a
manner as may be provided by the county administrator. The
department shall be responsible for administering a
comprehensive economic development program which focuses on
attracting new businesses to the county and expanding
existing businesses. In addition to these duties, the
department shall perform such other responsibilities as may
be assigned by the county administrator or board of
supervisors.
CHAPTER 7. PLANNING AND ZONING
§ 7.1. Planning commission.
There shall be a county planning commission which shall
consist of five (5) members, one (1) from each magisterial
district, who shall be appointed and organized as provided by
general law. If the size of the board of supervisors is
revised, the size and composition of the planning commission
shall be changed so that the number of its members shall be
consistent with the size of the board of supervisors.
§ 7.2. Functions of planning commission.
The planning commission shall be responsible for making
recommendations to the board of supervisors on all phases of
county planning, including a master plan, long-range
planning, zoning, and subdivision regulations. It shall have
the powers and duties provided by general law and such other
powers and duties as may be assigned by the board of
supervisors.
S 7.3. Board of zoning appeals.
There shall be a board of
provided by law and with those
S 7.4. Director of planning.
zoning appeals appointed as
powers granted by general law.
The director of planning shall perform such
responsibilities as are imposed by general law and as may be
assigned by the planning commission and board of supervisors.
The director of planning shall have immediate direction and
control of the planning department, shall be appointed by the
county administrator and shall serve subject to the same
terms and conditions as are applicable to other department
heads. In addition to the authority granted to the board of
zoning appeals pursuant to § 15.2-2309 of the Code of
Virginia, the board of supervisors by ordinance may authorize
the director of planning to grant a variance of not more than
two (2) feet from any building setback requirement contained
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in the county's zoning or subdivision ordinance if he finds
in writing: (i) that the strict application of the ordinance
would produce undue hardship; (ii) that such hardship is not
shared generally by other properties in the same zoning
district and in the same vicinity; and (iii) that the
authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the
zoning district will not be changed by the granting of the
variance.
§ 7.5. Committees
The board of supervisors may appoint a committee on the
future of the county consisting of equal representation from
each magisterial district. The board of supervisors may
appoint other committees as the board deems advisable.
§ 7.6. Substantial accord review of public facilities.
Any public area, facility or use, as defined by § 15.2-
2232 of the Code of Virginia, which has been approved by the
board of supervisors following a public hearing held pursuant
to the county's zoning ordinance shall be exempt from the
requirement for submittal to and approval by the county's
planning commission or governing body under § 15.2-2232 of
the Code of Virginia, so long as such public area, facility
or use remains subject to the requirements of the zoning
ordinance. Once a public facility has been determined to be
in substantial accord with the county's comprehensive plan or
is shown on the public facilities plan, then additional
property for such facility may be added without submittal and
approval under § 15.2-2232 of the Code of Virginia. In
addition, all telecommunications facilities of the nature
defined in the county's zoning ordinance as "communication
small cell" shall be exempt from the requirements for
submittal and approval under § 15.2-2232 if the facilities
are located within a zoning district where such use is
either permitted by right, or permitted with restrictions
provided that all such restrictions are satisfied.
§ 7.7. Transportation improvement districts.
The board of supervisors may create transportation
improvement districts relating to interstate, primary and
secondary roads in commercial or industrial areas, subject to
the procedures, conditions and limitations provided in
chapter 47 of title 15.2 of the Code of Virginia, to the
extent that such procedures, conditions and limitations are
not inconsistent with the authority granted by this section.
The provisions of §§ 15.2-4526 and 15.2-4533 of the Code of
Virginia shall also apply, mutatis mutandis. The petitions
required to create or enlarge a district must be signed by
fifty-one (51) percent of the owners of land within the
proposed district. Each district which may be created shall
include only one (1) highway project, and the boundaries of
one district may not overlap those of any other district.
CHAPTER 8. EDUCATION
§ 8.1. Election of school board members.
The school board of the county shall consist of five (5)
members and shall be elected one (1) from each magisterial
district. The terms of the members of the school board shall
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be the same as the members of the board of supervisors and
elections of school board members shall be held
simultaneously with the election of board of supervisors.
If the size of the board of supervisors is revised, the
size and composition of the
school board shall be changed so that the number of its
members shall be consistent with the new size of the board of
supervisors.
S 8.2. Management of school system.
The administration of the public school system shall
remain the responsibility of the school board in accordance
with the Constitution and general laws of the Commonwealth.
The superintendent shall be appointed by a majority vote of
the school board members. The superintendent of schools shall
be responsible for providing in a timely fashion to the
county administrator all financial documents, long-term
projections and other materials that the county administrator
and the board deem necessary to make appropriate decisions
regarding budget and appropriation decisions by the board of
supervisors. The County of Chesterfield shall receive state
aid for education in the same manner as existed prior to the
adoption of the charter. Title to all real property of the
school system shall be vested in the County of Chesterfield.
CHAPTER 9. MISCELLANEOUS PROVISIONS
S 9.1. Immunity from liability.
The county and all its officers, employees and agents
shall retain all immunities from liability available to
counties in the Commonwealth of Virginia. No actions or
claims shall be instituted against the county unless the
claimant shall have complied with all procedural
prerequisites to such actions or claims as are contained in
the Constitution and general laws of the Commonwealth.
S 9.2. Retention of funding.
Unless revised or changed by this charter, the County of
Chesterfield shall continue to receive state and federal
funds in the same manner as if the County of Chesterfield had
no charter.
§ 9.3. Amendments to charter.
This charter may be amended upon approval of any
amendments by the Virginia General Assembly in accordance
with the Constitution and general law of the Commonwealth.
S 9.4. Severability.
Should any part of this charter be declared
unconstitutional by a court of competent jurisdiction, such
action shall have no effect on the constitutionality or
validity of any other part of this charter.
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§ 9.5. Incorporation of statutes in ordinances.
Ordinances enacted by the governing body may incorporate
into such ordinances by reference statutes related to traffic
infractions or misdemeanors involving a motor vehicle which
are contained within the following chapters and articles: (i)
Chapter 1; Articles 1, 6. 1, 8, 9, 11 and 15 of Chapter 3;
Articles 1, 2 and 7 through 11 of Chapter 6; Chapter 8;
Articles 1 and 3 through 22 of Chapter 10; Chapter 12;
Chapter 15; and Chapter 16 of Title 46.2 of the Code of
Virginia; (ii) Article 2 (§ 18.2-266 et seq.) of Chapter 7 of
Title 18.2 of the Code of Virginia; and (iii) Article 9 of
Chapter 11 of Title 16.1 of the Code of Virginia upon the
effective date of such amendments; such incorporation shall
include all future amendments to the incorporated statutes
without further legislative action by the governing body
unless a contrary intent is stated. Nothing contained in this
section shall require the reenactment of ordinances
heretofore validly adopted.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8. NEW BUSINESS
8.A. APPOINTMENTS
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
suspended its rules to allow simultaneous nomination/
appointment/reappointment of members to the County
Supplemental Retirement Plan Trustees, Richmond Region
Tourism Board and the Agricultural and Forestry Committee.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.A.1. COUNTY SUPPLEMENTAL RETIREMENT PLAN TRUSTEE
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
simultaneously nominated/appointed Ms. Patsy Brown as Trustee
to the County Supplemental Retirement Plan, whose term is
effective January 1, 2017.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.A.2. RICHMOND REGION TOURISM BOARD
On motion of Mr. Holland, seconded by Ms. Haley, the Board
simultaneously nominated/ reappointed Mr. Neil Amin to serve
on the Richmond Region Tourism Board, whose term is effective
immediately and will expire December 31, 2019.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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8.A.3. AGRICULTURAL AND FORESTRY COMMITTEE
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
simultaneously nominated/reappointed Mr. Mark Landa, Mr.
George Beadles, Mr. Howard Nester, Mr. Lawrence Taylor, Ms.
Claire Durham, Mr. Stephen Lindberg and Mr. Stuart Jones to
serve on the Richmond Region Tourism Board, whose terms are
effective immediately and will expire December 31, 2018.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8.B.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.B.1.a.l. FIREFIGHTER DAVID K. SWINNEY, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Firefighter David K. Swinney retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on January 1, 2015; and
WHEREAS, Firefighter Swinney started his career in
Recruit School #21 in November 1989, and has faithfully
served the county and its residents for 25 years as a
Firefighter/Paramedic at the Dale, Buford, Manchester,
Airport, Matoaca, Bon Air, Midlothian, Philips and Beach Road
Fire and EMS Stations; and
WHEREAS, Firefighter Swinney was certified as one of the
original 13 ALS providers serving Chesterfield Fire and EMS;
and
WHEREAS, Firefighter Swinney served on the ALS
workgroup, supervised the electrical repair shop and assisted
in fire station renovations at Ettrick, Buford and Beach Road
Fire Stations; and
WHEREAS, Firefighter Swinney was recognized with an
Emergency Medical Services Award for his advance lifesaving
actions for a patient in cardiac arrest in October 1990; and
WHEREAS, Firefighter Swinney was recognized with an EMS
Lifesave Award for his exemplary care to a patient who was in
cardiac arrest in June 1996; and
WHEREAS, Firefighter Swinney was recognized with an EMS
Unit Citation and EMS Lifesave Award for the extraordinary
teamwork and providing exemplary care to a patient who was
involved in a vehicle accident in April 2005; and
WHEREAS, Firefighter Swinney was recognized with an EMS
Unit Citation and EMS Lifesave Award for exemplifying a high
level of teamwork and patient care to a citizen with an acute
medical condition in January 2009.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the valuable
contributions of Firefighter David K. Swinney 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: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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8.B.1.a.2. LIEUTENANT DAVID K. WHITLOCK, FIRE AND EMERGENCY
MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Lieutenant David K. Whitlock will retire from
the Chesterfield Fire and Emergency Medical Services
Department, Chesterfield County, on January 1, 2017; and
WHEREAS, Lieutenant Whitlock began his career with the
Police Communications Center as a dispatcher in 1983, where
he rose to the position of Assistant Shift Supervisor, and
faithfully served for four years then worked as a part-time
communications officer from 2002 through 2009; and
WHEREAS, Lieutenant Whitlock attended Recruit School #18
in 1987, and has faithfully served the County of Chesterfield
and its citizens for over 29 years as a firefighter at the
Manchester, Midlothian, Matoaca, Dale, Ettrick, Centralia,
Enon, Winterpock, and Courthouse Fire and EMS Stations; and
WHEREAS, Lieutenant Whitlock became an Advanced Life
Support provider in 1990, was promoted to the rank of
lieutenant in 2009; and served in the role of an acting
captain intermittently since 2014; and
WHEREAS, Lieutenant Whitlock served as the Adjunct EMS
and Fire Instructor, Lead Advanced Life Support Field
Training Officer; and
WHEREAS, Lieutenant Whitlock served as a member of the
Emergency Communications Center and Fire and EMS workgroups,
the EMS Tactical Medic Team, Emergency Operations Center
Response Team, as well as the Awards Committee; and
WHEREAS, Lieutenant Whitlock was recognized with an EMS
Lifesave Award for his actions in August 2012 when he
provided exemplary care to a patient who was having a seizure
and was not breathing; and
WHEREAS, Lieutenant Whitlock was also recognized with a
Chiefs Commendation Award as a result of his diligent,
dedicated and selfless service for serving on the SWAT
Tactical Medic Team in 2011; and
WHEREAS, Lieutenant Whitlock was recognized with a
number of EMS Unit Citation Awards over his career for the
extraordinary teamwork and outstanding level of care provided
to patients with life-threatening injuries and illnesses; and
WHEREAS, Lieutenant Whitlock was recognized with a Unit
Lifesave Award for the effective teamwork and lifesaving
measures for a patient having a severe asthma attack
ultimately resulting in cardiac arrest in October 2015.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the valuable
contributions of Lieutenant David K. Whitlock 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: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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8.B.1.a.3. DEPUTY JOHN E. MALLORY, SHERIFF'S OFFICE
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Mr. John E. Mallory joined the Chesterfield
County Sheriff's Office on December 18, 1989, as a deputy in
Corrections Security at the jail; and
WHEREAS, Deputy Mallory has faithfully served
Chesterfield County for 27 years under John Mutispaugh,
Walter Minton, Clarence Williams, Jr., Dennis Proffitt, and
current Sheriff Karl S. Leonard; and
WHEREAS, Deputy Mallory was transferred to Court
Services in March 2001, where he was responsible for security
of the courtroom, and safety of the judges and civilian
population that enters the Courthouse; and
WHEREAS, Deputy Mallory was transferred to the
Transportation Unit in April 2006, where he was responsible
for implementing process improvements, along with cooperating
with other agencies to maximize the efficiency of inmate
transportation runs; and
WHEREAS, Deputy Mallory was transferred to the Jail
Security Unit in October 2010, where he served until his
retirement, with responsibility for the security and health
and welfare of the inmates who were detained at the
Chesterfield County Jail; and
WHEREAS, Deputy Mallory has demonstrated his
versatility, skill and strong work ethic in a wide range of
departmental assignments in both the Correctional and Court
Services sections of the department; and
WHEREAS, Deputy Mallory has received several letters of
appreciation and commendation for his dedication and service
to the employees and citizens of Chesterfield County,
including recognitions for a job well done in helping to
remove inmates and extinguish a fire on tier 12 of the old
jail, and helping the medical staff with CPR of an inmate who
had attempted to take his own life in isolation, where his
fast thinking and caring for preservation of life allowed
that individual to leave the jail alive.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. John E. Mallory, expresses the
appreciation of all residents for his service to Chesterfield
County and extends appreciation for his dedicated service to
the county and congratulations upon his retirement, as well
as best wishes for a long and happy retirement.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.1.a.4. FIREFIGHTER MICHAEL C. HARRELL, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Firefighter Michael C. "Chris" Harrell retired
from the Chesterfield Fire and Emergency Medical Service
Department, Chesterfield County Virginia, on December 1,
2016; and
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WHEREAS, Firefighter Harrell attended Recruit School #20
in 1988 and has faithfully served the county for 28 years in
various assignments as a firefighter at the Dale, Chester,
Ettrick, Buford, Dutch Gap, Enon, Rivers Bend, and Matoaca
Fire and EMS Stations; and
WHEREAS, Firefighter Harrell achieved the Emergency
Medical Technician -Cardiac Certification in July 1993; and
WHEREAS, Firefighter Harrell achieved the Nationally
Registered Emergency Medical Technician -Paramedic
Certification in August 1996; and
WHEREAS, Firefighter Harrell was among the first group
of advanced life support emergency medical technicians to
provide care at the Ettrick, Dutch Gap, and Enon Fire and EMS
Stations; and
WHEREAS, Firefighter Harrell advanced in career
development as a firefighter specialist in January 2005; and
WHEREAS, Firefighter Harrell was awarded the
Chesterfield Fire and Emergency Medical Services Department
Medal of Valor as well as an EMS Lifesave Award for his
heroic actions during Tropical Storm Gaston in August 2004,
including breaching a roof and masonry walls and carrying
people to safety over a makeshift ladder bridge during the
rescue of occupants at the Falling Creek Apartments; and was
also recognized by the International Association of Fire
Chiefs receiving the Benjamin Franklin Fire Service Award of
Valor for those actions; and
WHEREAS, Firefighter Harrell was recognized with a Unit
Citation Award in May 2008 for his extraordinary teamwork
during a structure fire with trapped occupants; and
WHEREAS, Firefighter Harrell was recognized with an EMS
Lifesave Award in May 2008 when he provided exemplary
lifesaving measures to a patient in cardiac arrest; and
WHEREAS, Firefighter Harrell was recognized with an EMS
Unit Citation Award for his extraordinary teamwork care
provided to a patient having an asthma attack in June 2008;
and
WHEREAS, Firefighter Harrell was recognized with an EMS
Unit Citation Award for his exemplary team efforts in
assisting a patient in a motor vehicle accident in September
2010; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Michael C. Harrell, 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: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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8.B.1.a.5. CORPORAL TROY A. BUNKER, POLICE DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Corporal Troy A. Bunker will retire from the
Chesterfield County Police Department on January 1, 2017,
after providing over 20 years of outstanding quality service
to the residents of Chesterfield County; and
WHEREAS, Corporal Bunker has faithfully served the
county in the capacity of Patrol Officer, Senior Police
Officer, Senior Detective, Master Detective, Career Detective
and Corporal; and
WHEREAS, during his tenure, Corporal Bunker also served
as Firearms Instructor, General Instructor, Field Training
Officer, Evidence Technician and as a member of the Special
Response Unit; and
WHEREAS, Corporal Bunker received the National Service
Award for his two-week deployment to Mississippi in 2006 to
assist fellow law enforcement officers and the citizens of
Mississippi while under extreme conditions following the
devastation of Hurricane Katrina; and
WHEREAS, for many years, Corporal Bunker was a member of
the Central Virginia Regional Narcotics Task Force where he
served as an informal leader and was the "go to" detective
due to his knowledge and experience; and
WHEREAS, while serving as a member of the Vice and
Narcotics Unit, Corporal Bunker was the recipient of a Unit
Citation Award in recognition of the dedication and diligence
displayed during two major investigations which resulted in
the seizure of nearly $400,000, over 15 vehicles and a large
supply of illegal drugs, and the unit's actions contributed
to making Chesterfield County a safer place in which to live
and work; and
WHEREAS, Corporal Bunker received a Unit Citation for
his role in the Street Drug Enforcement Section's major
accomplishments during 2003, which included over 900 arrests,
the seizure of drugs, currency, weapons and vehicles, all
while the unit was understaffed; and
WHEREAS, Corporal Bunker is recognized for his excellent
communications and human relations skills, his strong work
ethic and his teamwork, all of which he has utilized within
the Police Department and in assisting residents of
Chesterfield County; and
WHEREAS, during his tenure, Corporal Bunker has received
numerous letters of commendation, thanks and appreciation for
services rendered; and
WHEREAS, Corporal Bunker 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 Bunker's diligent service.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Troy A.
Bunker 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: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.1.a.6. SERGEANT MITCHELL R. DAWSON, POLICE DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Sergeant Mitchell R. Dawson will retire from
the Chesterfield County Police Department on January 1, 2017,
after providing nearly 24 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Sergeant Dawson has faithfully served the
county in the capacity of Patrol Officer and Sergeant; and
WHEREAS, during his tenure, Sergeant Dawson also served
as a General Instructor, Police Recruiter, Community Policing
Officer, and Certified Crime Prevention Specialist; and
WHEREAS, for many years, Sergeant Dawson performed in an
outstanding manner as he served as the community policing
officer of the Bermuda Run/Tinsbery Trace area where he
fostered positive relationships with the residents, apartment
managers and business owners of the community; and
WHEREAS, Sergeant Dawson has served as a member of the
Special Response Unit in the role of team leader and
assistant commander; and
WHEREAS, Sergeant Dawson has served in various
positions, including Administrative Sergeant in both the
Uniformed Operation and Investigations Bureaus, Special
Victims Sergeant, Persons Sergeant, Economic Crime Sergeant,
and Criminal Investigations Evening Shift supervisor; and
WHEREAS, Sergeant Dawson received an Achievement Award
for coordinating with his fellow officers to identify,
capture and obtain confessions from several suspects involved
with felony vandalism against businesses in the northern
section of the county; and
WHEREAS, Sergeant Dawson was the recipient of a National
Service Award for the assistance provided during a national
security special event where he and his fellow officers
worked 12 -hour shifts for one week under all conditions to
ensure the highest level of security for all involved; and
WHEREAS, Sergeant Dawson is recognized for his excellent
communications and human relations skills, his strong work
ethic, teamwork and professionalism, all of which he has
utilized within the Police Department and in assisting
residents of Chesterfield County during his exemplary career;
and
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WHEREAS, during his tenure, Sergeant Dawson has received
numerous letters of commendation, thanks and appreciation for
services rendered; and
WHEREAS, Sergeant Dawson 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 Sergeant Dawson's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Sergeant Mitchell R.
Dawson 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: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.1.a.7. CORPORAL SCOTT A. EARLEY, POLICE DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Corporal Scott A. Earley will retire from the
Chesterfield County Police Department on January 1, 2017,
after providing over 31 years of outstanding quality service
to the residents of Chesterfield County; and
WHEREAS, Corporal Earley has faithfully served the
county in the capacity of Patrol Officer, Senior Police
Officer, Master Police Officer, Career Police Officer and
Corporal; and
WHEREAS, during his tenure, Corporal Earley also served
as Desk Officer, Field Training Officer, Evidence Technician,
Breathalyzer Operator, Certified Instructor, and
Administrative Corporal; and
WHEREAS, Corporal Earley was selected as Chesterfield
County Police Officer of the Year for 2007; and
WHEREAS, Corporal Earley was a Crash Team Investigator
and a federally certified Motor Carrier Inspector; and
WHEREAS, Corporal Earley was a member of the Special
Response Unit and Peer Support Team; and
WHEREAS, Corporal Earley received a Life Saving Award
for his quick and efficient efforts in applying pressure to
the wounds of a homicidal and suicidal suspect who had cut
his wrist in an attempt to end his life; and
WHEREAS, Corporal Earley received a Chief's Commendation
for his quick response and teamwork in the apprehension of
three suspects involved in fraudulent activities at a branch
of a Chesterfield County bank; and
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WHEREAS, Corporal Earley received a Chief's Commendation
for exceptional performance of his duty when he successfully
resolved an incident involving an armed individual with
suicidal tendencies, after negotiating with the individual
for 90 minutes while standing directly in the line of fire;
and
WHEREAS, Corporal Earley was the recipient of a National
Service Award for the assistance provided during a national
security special event where he and his fellow officers
worked 12 -hour shifts for one week under all conditions to
ensure the highest level of security for all involved; and
WHEREAS, Corporal Earley was recognized with an
Achievement Award for 14 years of outstanding coordination
and tireless support efforts for the annual 110+ mile "Bike
for the Blue" event to Washington, D.C., and he has been a
vital member of the support crew, dedicating his time for the
benefit of others; and
WHEREAS, Corporal Earley is recognized for his excellent
communications and human relations skills, his strong work
ethic and his teamwork, all of which he has utilized within
the Police Department and in assisting residents of
Chesterfield County; and
WHEREAS, during his tenure, Corporal Earley has received
numerous letters of commendation, thanks and appreciation for
services rendered; and
WHEREAS, Corporal Earley 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 Earley's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Scott A.
Earley 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: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.1.a.8. MS. CHARLOTTE MEREDITH, SOCIAL SERVICES
DEPARTMENT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Ms. Charlotte Meredith began her career in the
Virginia Social Services System with the Petersburg
Department of Social Services as an Eligibility Worker; and
WHEREAS, Ms. Meredith was hired as an Eligibility Worker
by the Chesterfield -Colonial Heights Department of Social
Services on August 9, 1993; and
WHEREAS, Ms. Meredith was promoted to Social Worker on
October 13, 2003; and
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WHEREAS, Ms. Meredith had considerable knowledge of
public assistance programs, including Supplemental Nutrition
Assistance Program, Temporary Assistance for Needed Families,
General Relief, Medicaid and Child Care Services; and
WHEREAS, Ms. Meredith graduated from Total Quality
Improvement in February 2000, earning an Advisor
Certification Certificate; and
WHEREAS, Ms. Meredith earned her Masters of Social Work
degree in May 1997 while working full time for the
Department; and
WHEREAS, Ms. Meredith assisted with the creation of the
by-laws for the W.I.N.G.S. (Winning Independence through
Nurturing, Guidance and Support) mentoring program, in
collaboration with other community leaders; and
WHEREAS, Ms. Meredith assisted with providing disaster
Food Stamps to over 5,000 citizens following Hurricane
Isabelle; and
WHEREAS, Ms. Meredith consistently demonstrated
flexibility and willingness to meet the needs of her team
throughout her tenure in the Department; and
WHEREAS, Ms. Meredith contributed greatly to the success
of the reorganization of the team and the merger of the Child
Care team with the Families and Children Medicaid team for
the department in 2014; and
WHEREAS, Ms. Meredith assisted with training of new
employees on her team; and
WHEREAS, Ms. Meredith demonstrated dedication and
commitment to serving the citizens of Chesterfield County and
the City of Colonial Heights; and
WHEREAS, Ms. Meredith was attentive to the needs of
customers and exhibited a level of customer service that
served as a model for others.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Charlotte Meredith, expresses the
appreciation of all residents for her services to the county
and the City of Colonial Heights and extends congratulations
upon her retirement, as well as best wishes for a long and
happy retirement.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.l.b. RECOGNIZING MRS. SUSAN GALYEN, JUDICIAL
ADMINISTRATIVE ASSISTANT, CHESTERFIELD JUVENILE AND
DOMESTIC RELATIONS DISTRICT COURT, UPON HER
RETIREMENT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following resolution:
WHEREAS, Mrs. Susan Galyen retired from the Chesterfield
Juvenile and Domestic Relations District Court on November 1,
2016, after providing 16 years of faithful service to
Chesterfield County; and
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WHEREAS, Mrs. Galyen graduated from Meadowbrook High
School in Chesterfield County and received a B.S. in Business
Education from Virginia Commonwealth University in 1971; and
WHEREAS, Mrs. Galyen served as the Department Head of
the Secretarial Science Department of Paul D. Camp Community
College in Franklin, Virginia, upon her graduation from VCU;
and
WHEREAS, Mrs. Galyen moved back to Richmond, Virginia,
to be with her fiance and present husband, Stephen Galyen,
and taught Business Education at George Wythe High School in
Richmond, Virginia, from 1972-1973; and
WHEREAS, from 1974-1983, Mrs. Galyen raised her three
boys and taught business classes in the evenings and on
weekends for Chesterfield County Adult Education and also for
John Tyler Community College; and
WHEREAS, from 1983-1985, Mrs. Galyen served Chippenham
Hospital's Radiology Department as their secretary; and
WHEREAS from 1986-2000, Mrs. Galyen served as assistant
teacher at St. Mark's Preschool in Midlothian, Virginia; and
WHEREAS, Mrs. Galyen served as the Judicial
Administrative Assistant to the Judges of the Chesterfield
Juvenile and Domestic Relations District Court in a part-time
capacity from August 2000 - August 2006, and full-time from
August 2006 - November 2016; and
WHEREAS, Mrs. Galyen never let a colleague or judge's
birthday pass without making a baked treat to celebrate, and
always used her creativity to decorate offices with signs for
every special occasion, birthday, retirement, welcome, etc.;
and
WHEREAS, Mrs. Galyen was the recipient of the "Employee
of the Year" award in December 2012; and
WHEREAS, Mrs. Galyen was the first recipient of the
"Susan Galyen Legacy Award," an honor bestowed upon her at
her retirement in recognition of her tireless pursuit of
service to her family, community, and the court; and
WHEREAS, Mrs. Galyen successfully built strong
relationships with court -related agencies and departments,
fostering a true sense of community amongst the judges,
clerks, and other court staff; and
WHEREAS, Mrs. Galyen leaves a legacy of timeless grace,
class, kindness and generosity to all who came to know and
love her.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Susan Galyen, and
extends on behalf of its members and citizens of Chesterfield
County, appreciation for her more than 16 years of unwavering
dedication to Chesterfield County and the Chesterfield
Juvenile and Domestic Relations District Court.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
16-732
12/14/16
8.B.2. DESIGNATION OF SURPLUS AMMUNITION TO THE VIRGINIA
DEPARTMENT OF FORENSIC SCIENCE
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved the donation of surplus ammunition from the Police
Department to the Virginia Department of Forensic Science.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.3. REQUEST OF PROSEAL AMERICA TO MODIFY AIRPORT
INDUSTRIAL PARK RESTRICTIVE COVENANTS RELATING TO THE
TEN -FOOT PARKING SETBACK ON WHITEPINE ROAD AND
VIRGINIA PINE COURT TO CONSTRUCT A CONNECTIVE
nRTUR.WAV
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved a request by Proseal America to modify the Airport
Industrial Park restrictive covenants relating to the ten -
foot parking setback at 7611 Whitepine Road and 8140 Virginia
Pine Court to construct a connecting driveway.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.4. AWARD CONSTRUCTION CONTRACT TO BROOKS AND COMPANY
GENERAL CONTRACTORS INCORPORATED FOR RENOVATIONS TO
THE LICENSE INSPECTOR OFFICES
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
authorized the Director of Purchasing to execute a contract
with Brooks and Company General Contractors Incorporated in
the amount of $126,600 to renovate 1,901 square feet of
office area which houses the License Inspector.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.6. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
FUNDS FROM THE DEPARTMENT OF HOMELAND SECURITY AND
THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE 2016
STATE HOMELAND SECURITY GRANT PROGRAM
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
authorized the Fire and EMS Department to receive and
appropriate grant funding from the Department of Homeland
Security and the Federal Emergency Management Agency in the
amount of $94,000 for the 2016 State Homeland Security Grant
to enhance emergency preparedness regionally and to continue
the support of the county's Community Emergency Response Team
program.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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8.B.7. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR THE
ENON ELEMENTARY SCHOOL REPLACEMENT PROJECT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved the purchase of a parcel of land containing .5610
acres, more or less, with improvements, for $190,000 from
Jamie B. Winner, Judy L. Taylor, Janet L. Watko, John C. Bane
and Joyce B. Hill for the Enon Elementary School Replacement
Project, and authorized the County Administrator to execute
the sales contract and deed.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.8. APPROVAL OF THE PURCHASE OF A PARCEL OF LAND FOR THE
NEW MIDLOTHIAN ELEMENTARY SCHOOL
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved the purchase of a parcel of land containing 82.7
acres, more or less, with improvements, for $2,278,000 from
Albert Joseph Anderson and Judson Cary Anderson, executors of
the Virginia A. Justis Estate, for the new Midlothian
Elementary School, and authorized the County Administrator to
execute the sales contract and deed.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.9. REQUEST TO QUITCLAIM A PORTION OF A VARIABLE WIDTH
SIGHT DISTANCE EASEMENT ACROSS PROPERTY OF MAGNOLIA
LAKES, L.L.C.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a variable width sight distance easement across
property of Magnolia Lakes, L.L.C.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.10. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.B.10.a. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
SCHOOL BOARD TO PURCHASE EQUIPMENT FOR MATOACA
HIGH SCHOOL'S WINTER GUARD PROGRAM
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
transferred $2,200 from the Matoaca District Improvement Fund
to the School Board to purchase equipment for a Winter Guard
program at Matoaca High School.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
16-734
12/14/16
8.B.10.b. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
DEPARTMENT OF PARKS AND RECREATION TO PURCHASE AND
INSTALL AN INTERNALLY ILLUMINATED MONUMENT SIGN AT
ELIZABETH DAVIS MIDDLE SCHOOL
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
transferred $3,000 in Bermuda District Improvement Funds to
the Department of Parks and Recreation to purchase and
install an internally illuminated monument sign at Elizabeth
Davis Middle School.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.10.c. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
DEPARTMENT OF PARKS AND RECREATION TO PURCHASE AND
INSTALL A SCOREBOARD AT THE GOYNE PARK ATHLETIC
FIELD
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
transferred $3,600 from the Bermuda District Improvement Fund
to the Parks and Recreation Department to purchase and
install a scoreboard at the Goyne Park athletic field.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.10.d. STREETLIGHT COST APPROVAL IN THE MEADOWBROOK FARMS
SUBDIVISION AND TRANSFER OF DALE DISTRICT
IMPROVEMENT FUNDS TO STREETLIGHTS TO FUND THE
PROJECT
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
approved the following streetlight installation in the
Meadowbrook Farms Subdivision and authorized the transfer of
Dale District Improvement Funds to streetlights to fund the
project:
• In the Meadowbrook Farm subdivision
At the intersection of Country Manor Lane and
Ironhorse Road
Cost to install streetlight: $4,771.89
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.11. TRANSFER COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO
THE PARKS REVITALIZATION PROJECT AT PROVIDENCE
MIDDLE SCHOOL AND DAVIS ELEMENTARY SCHOOL
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
transferred $117,480 (2011-2012 allocation) and $125,000
(2012-2013 allocation) in CDBG funds from the proposed
Chesterfield Avenue Mixed Use Project to the Parks
Revitalization Project at Providence Middle School and Davis
Elementary School.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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On motion of Mr. Winslow, seconded by Ms. Haley, the Board
removed the following items for public comment: Item 8.B.5.,
Designation of Adventure Hill Lane as a Rural Rustic Road;
and Item 8.B.10.e., Request for Exception to County
Streetlight Policy for the Smoketree Streetlight Project and
Transfer of Clover Hill District Improvement Funds to
Streetlights to Fund the Project.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
8.B.5. DESIGNATION OF ADVENTURE HILL LANE AS A RURAL RUSTIC
ROAD
Mr. George Beadles, Clover Hill resident, urged the Board to
approve the designation of Adventure Hill Lane as a Rural
Rustic Road and future unpaved roads deemed for designation.
Mr. Elswick wished Mr. Beadles a happy birthday.
Mr. Elswick called for public comment.
No one else spoke to the issue.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
adopted the following resolution designating Adventure Hill
Lane as a Rural Rustic Road:
WHEREAS, Section 33.2-332 of the Code of Virginia,
permits the hard surfacing of certain unpaved roads deemed to
qualify for designation as a Rural Rustic Road; and
WHEREAS, any such road must be located in a low-density
development area and have no more than 1,500 vehicles per
day; and
WHEREAS, the Board of Supervisors of Chesterfield
County, Virginia ("Board") desires to consider whether
Adventure Hill Lane (Route 660), From: Winterpock Road (Route
621) To: 0.57 mile south of Winterpock Road (Route 621)
should be designated a Rural Rustic Road; and
WHEREAS, the Board is unaware of pending development
that will significantly affect the existing traffic on this
road; and
WHEREAS, the Board believes that this road should be so
designated due to its qualifying characteristics; and
WHEREAS, this road is in the Board's six-year plan for
improvements to the secondary system of state highways.
NOW, THEREFORE, BE IT RESOLVED the Board hereby
designates this road a Rural Rustic Road, and requests that
the Residency Administrator for the Virginia Department of
Transportation concur with this designation.
AND, BE IT FURTHER RESOLVED the Board requests that this
road be hard surfaced and, to the fullest extent prudent, be
improved within the existing right-of-way and ditch -lines to
preserve as much as possible the adjacent trees, vegetation,
side slopes, and rural rustic character along the road in
their current state.
AND, BE IT FURTHER RESOLVED that a certified copy of
this resolution be forwarded to the Virginia Department of
Transportation Residency Administrator.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley
Nays: None.
16-736
12/14/16
8.B.10.e. REQUEST FOR EXCEPTION TO COUNTY STREETLIGHT POLICY
FOR THE SMOKETREE STREETLIGHT PROJECT AND TRANSFER
OF CLOVER HILL DISTRICT IMPROVEMENT FUNDS TO
STREETLIGHTS TO FUND THE PROJECT
Mr. Beadles stressed the importance of sidewalks in
conjunction with streetlights for public safety.
Mr. Elswick called for public comment.
No one else spoke to the issue.
Mr. Winslow stated the project was federally funded and those
funds could be used for streetlights. He noted the request
was made in 2014.
Mr. Winslow then made a motion, seconded by Mr. Holland, for
the Board to authorize an exception to the County Streetlight
Policy to allow the installation of streetlights within 200
feet of existing or proposed streetlights for the Smoketree
Streetlight Project; and authorized the transfer of $4,000 in
Clover Hill District Improvement funds to streetlights to
fund the project.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT OF PLANNING COMMISSION SUBSTANTIAL ACCORD
DETERMINATION FOR CHESTERFIELD COUNTY PARKS AND
RECREATION (CASE 17PD0179) TO PERMIT A SPECIAL PURPOSE
PUBLIC PARK IN A LIGHT INDUSTRIAL (I-1) DISTRICT LOCATED
IN THE CLOVER HILL MAGISTERIAL DISTRICT (RIVER CITY
SPORTSPLEX)
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report of Planning Commission
Substantial Accord Determination for Chesterfield County
Parks and Recreation (Case 17PD0179) to Permit a Special
Purpose Public Park in a Light Industrial (I-1) District
Located in the Clover Hill Magisterial District (River City
Sportsplex).
Mr. Elswick noted an email all Board members received from
Ms. Brenda Stewart regarding the River City Sports Complex
substantial accord determination. He stated he has advised
staff to answer her questions relative to the matter.
Ms. Jaeckle stated she read the email.
Mr. Elswick called for a vote on the motion of Ms. Jaeckle,
seconded by Ms. Haley, for the Board to accept the following
reports: a Report on Developer Water and Sewer Contracts; and
a Report of Planning Commission Substantial Accord
Determination for Chesterfield County Parks and Recreation
(Case 17PD0179) to Permit a Special Purpose Public Park in a
Light Industrial (I-1) District Located in the Clover Hill
Magisterial District (River City Sportsplex).
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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10. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. George Beadles expressed concerns relative to Access
Chesterfield.
Mr. Elswick advised Dr. Casey to examine Mr. Beadles'
suggestions.
Mr. Cliff Bickford addressed the Board relative to management
of the River City Sportsplex facility.
Mr. Rodney Martin expressed concerns relative to public
comment regarding the County Charter and the Sportsplex
purchase.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(1), CODE
OF VIRGINIA, 1950, AS AMENDED, RELATING TO THE
PERFORMANCE OF A SPECIFIC COUNTY EMPLOYEE
On motion of Ms. Haley, seconded by Mr. Holland, the Board
went into closed session pursuant to Section 2.2-3711(A)(1),
Code of Virginia, 1950, as amended, relating to the
performance of a specific county employee.
Ayes: Elswick, Jaeckle, Winslow, Holland and Haley.
Nays: None.
Reconvening:
On motion of Ms. Haley, seconded by Mr. Holland, 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.
Ms.
Haley:
Aye.
Mr.
Holland:
Aye.
Ms.
Jaeckle:
Aye.
Mr.
Elswick:
Aye.
13.
INVOCATION
The Honorable Christopher Winslow,
Supervisor, gave the invocation.
16-738
Clover Hill District
12/14/16
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Members of Boy Scout Pack 178, Sponsored by Ivey Memorial
United Methodist Church, led the Pledge of Allegiance to the
Flag of the United States of America.
15. RESOLUTIONS AND SPECIAL RECOGNITIONS
15.A. RECOGNIZING MS. JANET M. STEPHENS FOR HER SERVICE AS A
MEMBER OF THE CHESTERFIELD COMMUNITY SERVICES BOARD
Ms. Burcham introduced Ms. Janet M. Stephens, who was present
to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
adopted the following resolution:
WHEREAS, Ms. Janet M. Stephens served as a dedicated and
faithful member of the Chesterfield County Community Services
Board since her appointment by the Board of Supervisors on
February 13, 2008; and
WHEREAS, Ms. Stephens served three consecutive terms as
the Dale Magisterial District representative; and
WHEREAS, Ms. Stephens served with distinction as member
of the Employment and Day Options Committee, Service Quality
Committee and five years on the Public Relations Task Force
Committee; and
WHEREAS, Ms. Stephens was elected by her peers as the
Chesterfield Community Services Board Secretary for 2016 and
served on the Executive Committee; and
WHEREAS, Ms. Stephens advocated for the individuals
served by the Chesterfield Mental Health Support Services
Department through meetings with local and state legislators.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of December 2016,
publicly recognizes Ms. Janet M. Stephens and expresses
sincere appreciation for her many years of commitment and
significant contributions in the provision of quality mental
health, intellectual disability and substance abuse services
to the citizens of Chesterfield County.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ms. Janet M. Stephens and that it
be permanently recorded among the papers of the Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
Mr. Holland presented the executed resolution to Ms. Stephens
and expressed his appreciation for her many years of
commitment and valuable contributions as a member of the
Chesterfield Community Services Board.
Ms. Stephens sincerely thanked the Board for the special
recognition and kind sentiments.
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15.B. PRESENTATION OF CARNEGIE MEDAL TO DR. MATTHEW R.
BARTHOLOMEW
Chief Senter introduced Dr. Matthew R. Bartholomew and
family, and past Carnegie Medal recipient, Mr. Steve Bingham.
Chief Senter stated on Monday, February 16, 2015, Dr. Matthew
R. Barthelomew helped to save Joyce A. Byrd from drowning. He
further stated Mrs. Byrd, 65, remained in the driver's seat
of a sedan after it left the roadway in wintry conditions and
entered a retention pond that was covered in ice. He stated
driving by, Dr. Bartholomew saw the car in the water, stopped
at the scene, and descending the bank, learned that the car
was occupied. He further stated despite an air temperature of
18 degrees, with a wind-chill in the single digits, and the
water at freezing, Dr. Bartholomew removed his shirt, entered
the pond, and swam to the driver's door. He stated he tried
unsuccessfully to open it and break out its window. He
further stated when the door submerged, he was able to open
it, but he could not locate Mrs. Byrd, nor could he find the
rear door's interior handle. He stated Dr. Bartholomew then
swam toward the bank where a responding police officer gave
him a police baton and one end of a rescue rope. He further
stated returning to the vehicle, much of it having submerged
by then, Dr. Bartholomew broke out the rear window with the
baton, and when Mrs. Byrd's head then emerged through the
opening, he grabbed her by the jacket and pulled her from the
vehicle. He stated he supported her as the officer pulled
them to the bank with the rope. He noted Mrs. Byrd required
hospital treatment for hypothermia and a cut to her hand. He
stated Dr. Bartholomew also received hospital treatment, for
cuts to his arm and finger, which required suturing.
Mr. Steve Bingham, representing the Carnegie Hero Fund
Commission. presented the Carnegie Medal to Dr. Matthew R.
Bartholomew for his actions on February 16, 2015. He stated
the Carnegie Hero Fund awards the medal to individuals in the
United States and Canada who risk their lives to an
extraordinary degree saving or attempting to save the lives
of others.
A standing ovation followed.
Ms. Haley commended Dr. Bartholomew on his heroic actions.
Dr. Bartholomew, accompanied by his family, expressed his
sincere appreciation to the Board for the special
recognition.
16. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Ms. Susan Siegfried addressed the Board relative to a metro -
wide bus transit in the county.
Mr. Eric Fly expressed concerns relative to the county's
towing contract.
16-740
12/14/16
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES WHERE
THE APPLICANT ACCEPTS THE RECOMMENDATION AND THERE IS NO
OPPOSITION - CASES WHERE THE APPLICANT DOES NOT ACCEPT
THE RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION
WILL BE HEARD AT SECTION 19
16SN0704
(AMENDED) In Clover Hill Magisterial District, Sports Frog,
LLC, Waterford Park, LLC and Waterford Business Center, LC
request rezoning from Community Business (C-3) and Light
Industrial (I-1) to Regional Business (C-4) with conditional
use to permit multifamily, townhouse, outside storage, public
address system, electronic message center signs and brewery
uses, and conditional use planned development to permit boat
sales, model homes and exceptions to ordinance requirements
and amendment of zoning district map on 105.2 acres located
in the northeast and northwest quadrants of Genito Road and
Genito Place at Rt. 288. Density will be controlled by zoning
conditions or Ordinance standards. The Comprehensive Plan
suggests the property is appropriate for Regional Mixed use.
Tax IDs 731-689-5633; 731 -691 -Part of 3176; 732-688-0178 and
732-689-5376.
Mr. Turner stated staff is requesting a deferral to the
January 25, 2017 regularly scheduled meeting. He noted the
applicant's representative was unable to attend the meeting;
however, he consented to the deferral in writing.
Mr. Elswick called for public comment.
There being no one to address the deferral, the public
hearing was closed.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
deferred Case 16SN0704 until January 25, 2017.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
iwjxZ%l 111p)
In Clover Hill Magisterial District, Christian C. Briggs
requests conditional use to permit a two family dwelling and
amendment of zoning district map in a Residential (R-15)
District on 0.7 acre known as 2320 Dorking Road. Density will
be controlled by zoning conditions or Ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Suburban Residential II use (2.0 to 4.0 dwellings per
acre). Tax ID 754-694-0625.
Mr. Turner presented a summary of Case 17SN0502 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions. He noted staff has been instructed
to review the term "two-family dwelling."
Mr. Richard Collier, representing the applicant, accepted the
conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
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On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved Case 17SN0502, subject to the following conditions:
1. Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption
or guardianship, foster children, guests and any
domestic servants. (P)
2. For the purpose of providing record notice, within
thirty (30) days of approval of this request, a deed
restriction shall be recorded setting forth the
limitation in Condition 1. The deed book and page number
of such restriction and a copy of the restriction as
recorded shall be submitted to the Planning Department.
(P)
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
M&WIS%L-fiTi
In Bermuda Magisterial District, Wolfgang P. Webner requests
conditional use to permit a two family dwelling and amendment
of zoning district map in an Agricultural (A) District on 1.4
acres known as 210 Enon Church Road. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II use (2.0 to 4.0 dwellings per acre)
Tax ID 815-643-2878.
Mr. Turner presented a summary of Case 17SN0506 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Mr. Wolfgang Webner accepted the conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Haley, the Board
approved Case 17SN0506, subject to the following conditions:
1. Occupancy of the second dwelling unit shall be limited
to: the occupants of the principal dwelling unit,
individuals related to them by blood, marriage, adoption
or guardianship, foster children, guests and any
domestic servants. (P)
2. For the purpose of providing record notice, within
thirty (30) days of approval of this request, a deed
restriction shall be recorded setting forth the
limitation in Condition 1. The deed book and page number
of such restriction and a copy of the restriction as
recorded shall be submitted to the Planning Department.
(P)
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
16-742
12/14/16
179N0S77
In Matoaca Magisterial District, Chesterfield County Planning
Commission requests conditional use planned development to
permit exception to ordinance requirements relative to road
frontage and amendment of zoning district map in an
Agricultural (A) District on 18.6 acres located at the
northern terminus of Winnie Drive, northeast of Derrick Lane.
Residential use of up to 0.05 unit per acre is permitted in
an Agricultural (A) District. The Comprehensive Plan suggests
the property is appropriate for Suburban Residential II use
(2.0 to 4.0 dwellings per acre). Tax ID 797-617-2452.
Mr. Turner presented a summary of Case 17SN0577 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions. As agent, he consented to the
conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Elswick, seconded by Mr. Winslow, the Board
approved Case 17SN0577, subject to the following conditions:
1. Building Permit for Single-family Dwelling. Prior to
issuance of a building permit for a single-family
dwelling, the road network within recorded Piedmont
Estates subdivision shall be accepted into the
Virginia Department of Transportation State system.
(EE & P)
2. Future Divisions of Property. The subject property
shall not be further subdivided, including any family
subdivisions, unless public road frontage is
provided. (P)
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
17SN0595
In Matoaca Magisterial District, Judith G. Kohnen requests
conditional use to permit a business (professional healing
arts) incidental to a dwelling and amendment of zoning
district map in an Agricultural (A) District on 40 acres
known as 11932 Winterpock Road. Density will be controlled by
zoning conditions or Ordinance standards. The Comprehensive
Plan suggests the property is appropriate for Rural
Residential/Agricultural use. Tax ID 712-651-5774.
Mr. Turner presented a summary of Case 17SN0595 and stated
both the Planning Commission and staff recommended approval,
subject to the conditions.
Ms. Judith Kohnen accepted the conditions.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
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On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved Case 17SN0595, subject to the following conditions:
1. Non -Transferable Ownership. This conditional use shall
be granted to and for Judith G. Kohnen, exclusively, and
shall not be transferable nor run with the land. (P)
2. Use Permitted. This Conditional Use approval shall be for
the operation of a business (professional healing arts)
with group instruction and assembly, incidental to a
dwelling. (P)
3. Time Limitation. This Conditional Use approval shall be
granted for a period not to exceed five (5) years from
the date of approval. (P)
4. Hours of Operation. Hours of operation shall be limited
to the following:
a. 6:00 p.m. to 8:00 p.m. on Tuesday;
b. 10:00 a.m. to 3:00 p.m. on Wednesday and Saturday;
C. 1:00 p.m. to 5:00 p.m. on Sunday;
d. There shall be no operation of the use on Monday,
Thursday or Friday. (P)
5. Expansion of Use. No new building construction shall be
permitted to accommodate this use. The use shall be
located within the existing dwelling, detached garage or
in the outdoor group assembly area shown on Exhibit A,
dated October 12, 2016. (P)
6. Employees. No employees shall be permitted to work on
the premises, other than family member employees that
live on the premises. (P)
7. Group Instruction & Assembly. No more than twenty (20)
clients shall be permitted on the property at any one
time. No more than four (4) group instruction and
assembly activities shall be held in a week (Monday
through Sunday). (P)
8. Signage. One (1) sign, not exceeding one (1) square foot
in area, shall be installed along the fork in the
existing driveway to identify the applicant's residence
and direct clients to the property, as shown on Exhibit
A. The sign shall not identify the business name. This
sign shall be installed within ninety (90) days of
approval. (P)
9. Parking. No more than twenty (20) vehicles for clients
shall be parked on the premises at any one time. Parking
for these vehicles shall be restricted to the area
designated as "Parking Area for Clients" on Exhibit A.
(P)
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
17SWOR99
In Dale Magisterial District, Proseal America, Inc. requests
conditional use planned development to permit exceptions to
ordinance requirements and amendment of zoning district map
in a Light Industrial (I-1) District on 3.3 acres known as
7611 Whitepine Road and 8140 Virginia Pine Court. Density
will be controlled by zoning conditions or Ordinance
standards. The Comprehensive Plan suggests the property is
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appropriate for Industrial use and Airport Operational Area.
Tax IDs 765-670-8959 and 766-670-3163.
Mr. Turner presented a summary of Case 17SN0599 and stated
both the Planning Commission and staff recommended approval,
subject to the condition.
Mr. Brent Puckett, representing the applicant, accepted the
condition.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved Case 17SN0599, subject to the following condition:
The Textual Statement dated October 27, 2016 shall be
considered the Master Plan.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
17RNnSnR
(AMENDED) In Midlothian Magisterial District, Amy D. Varela
requests rezoning from Agricultural (A) and Community
Business (C-3) to General Business (C-5) plus conditional use
planned development to permit exceptions to ordinance
requirements and amendment of zoning district map on 2.2
acres known as 17401 Midlothian Turnpike. Density will be
controlled by zoning conditions or Ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Corporate Office, Research and Development and Light
Industrial uses. Tax ID 706-707-8099.
Mr. Turner presented a summary of Case 17SN0505 and stated
the Planning Commission recommended approval because the
proposed permits continued commercial use with limitations
and the use was consistent with existing C-5 zoning north of
Midlothian Turnpike. He further stated staff recommended
denial because the proposed zoning and land use represent a
deviation from the corporate office/research and
development/light industrial land use suggested by the
Comprehensive Plan, and the proposed land use was
inconsistent with existing and anticipated area development.
Ms. Amy Varela stated the proposal is for rezoning of the
request property to General Business (C-5) to permit
commercial uses typically associated with increased outside
storage and display. She further stated she desires the
rezoning to be able to better market the property for
leasing. She urged the Board to approve her request.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Ms. Jaeckle, the Board
approved Case 17SN0505 and accepted the following proffered
conditions:
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1. The Textual Statement dated October 24, 2016 shall be
considered the master plan. (P)
2. The following uses shall be permitted:
A. Except as provided herein, uses permitted in the
Community Business (C-3) District.
B. Automobile (including motorcycle) sales, service
and repair; excluding body, major engine and
transmission repair and consignment sales,
provided:
i. Except for minimal repairs necessary to allow
a vehicle to be moved into a service area,
repair activities and storage of new or
replaced repair materials shall occur inside a
building.
ii. Elevated display of automobiles shall not
occur.
iii. A maximum of fifteen (15) vehicles for sale
shall be permitted at any one time to be
displayed outside of a building. Such display
shall only occur within the area identified as
"Display Area" on Exhibit A and as outlined
herein.
C. Contractor's shop and storage yard, provided any
associated outside equipment/material storage shall
only occur in the area identified as "Storage Area"
on Exhibit A and as outlined herein. This does not
preclude contractors from having outside displays
of products (such as a landscaped outdoor patio)
provided such display shall only occur in the area
identified as "Display Area" on Exhibit A and as
outlined herein.
D. Electrical, plumbing or heating supply sales,
service and related display rooms.
E. Carport sales provided only one (1) carport shall
be permitted to be displayed outside of a building.
Such display shall only occur within the area
identified as "Display Area" on Exhibit A and as
outlined herein.
F. Utility trailer sales, service and repair provided
a maximum of five (5) utility trailers for sale
shall be permitted to be displayed outside of the
building. Such display shall only occur within the
area identified as "Display Area" on Exhibit A and
as outlined herein. (P)
3. Outside Display: Outside display shall only be
permitted accessory to uses permitted in Proffered
Condition 2.B. through F. and only in the area
identified as "Display Area" on Exhibit A. Such display
area shall not exceed 30 feet by 40 feet in area. The
display is reserved for product display (such as with
carport sales, patio display, and automobiles for sale).
Outside storage of equipment, parts or materials is not
permitted within this area. (P)
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4. Outside Storage: Outside storage shall only be
permitted as accessory to a permitted use; shall only be
permitted behind the existing principal building in the
area identified as "Outside Storage Area" on Exhibit A;
and shall be screened in accordance with the
requirements of the Zoning Ordinance. (P)
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
18. PUBLIC HEARINGS
18.A. TO CONSIDER THE REAL ESTATE TAX EXEMPTION REQUEST OF
GOODWILL INDUSTRIES OF CENTRAL VIRGINIA, INCORPORATED
Mr. Mincks stated this date and time has been advertised for
the Board to consider the real estate tax exemption request
of Goodwill Industries of Central Virginia, Incorporated. He
further stated the assessment exceeds the $5,000 cap which
the Board's policy permits for the consideration of tax
exemptions. He stated accordingly, to consider the request
above $5,000, the Board would have to waive its policy by
unanimous vote.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the real estate tax exemption request of Goodwill
Industries of Central Virginia, Incorporated, in an amount
not to exceed $5,000, and adopted the following ordinance:
WHEREAS, subsection 6(A)(6) of Article X of the
Constitution of Virginia, on and after January 1, 2003,
authorizes localities to designate as exempt from local
taxation the real or personal property, or both, owned by a
non-profit organization that uses such property for
religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes; and
WHEREAS, the County has received a request from Goodwill
Industries of Central Virginia, Inc. to consider granting it
a tax exemption for a specific piece of real property owned
by it in Chesterfield County and described as County Property
Tax Parcel ID No. 719671035600000; and
WHEREAS, in accordance with Va. Code, §58.1-3651 the
Board has conducted a public hearing and considered each of
the questions required to be considered before adopting an
ordinance granting any such exemption; and
WHEREAS, the Board has determined that Goodwill
Industries of Central Virginia, Inc. meets the requirement
for the real property tax exemption that it has requested by
reason of its being a non-profit organization which uses the
real property for which it is requesting the exemption for
charitable and benevolent purposes;
WHEREAS, it is the policy of the Board to limit tax
exemptions for real estate to a maximum amount of $5,000.
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A
NOW THEREFORE BE IT ORDAINED by the Board of Supervisors
of Chesterfield County:
1. Goodwill Industries of Central Virginia, Inc. is
hereby designated a charitable and benevolent organization
within the context of Section 6(A)(6) of Article X of the
Constitution of Virginia.
2. The real property located in Chesterfield County
owned by Goodwill Industries of Central Virginia, Inc. and
described as County Property Tax Parcel ID No.
719671035600000 is used by such organization exclusively for
charitable and benevolent purposes on a non-profit basis as
set forth in Section 1 of this ordinance and is hereby
determined to be exempt from local taxation up to a maximum
amount of $5,000. This exemption shall be contingent on the
continued use of the property in accordance with the purpose
for which the organization is designated as exempt in Section
1.
3. This real property tax exemption shall be effective
as of January 1, 2017.
4. This ordinance shall not be set out in the County
Code but shall be kept on file in the offices of the real
estate assessor and commissioner of revenue.
5. This ordinance shall be in effect immediately upon
its adoption.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
18.B. TO CONSIDER AMENDING SECTIONS 9-11, 9-29, 9-30, 9-31
AND 9-32 OF THE COUN'T'Y CODE RELATING TO PARTIAL TAX
EXEMPTIONS FOR REHABILITATED STRUCTURES
Mr. Schlaudt stated this date and time has been advertised
for the Board to consider amending Sections 9-11, 9-29, 9-30,
9-31 and 9-32 of the County Code relating to partial tax
exemptions for rehabilitated structures. He further stated
the proposed amendments would expand rehabilitation tax
exemption program benefits for residential, commercial, and
industrial properties in the county. He stated the program
provides partial real estate tax exemption based on the
increased assessed value of rehabilitated, renovated, or
replaced older structures. He further stated the proposed
amendments would:
1) Allow persons to apply for an exemption within one year
of building permit application. The current code
requires applications for rehabilitation exemptions to
be submitted prior to undertaking any rehabilitation,
renovation, or replacement of a structure.
2) Remove the requirement for an application fee. This fee
is currently $20 for historic properties and $50 for all
other properties.
3) Increase the number of years that properties may receive
a partial exemption. The current code allows a five-year
exemption for commercial and industrial properties and
an eight-year exemption for residential properties. The
16-748
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proposed amendment would increase this to seven years
for commercial and industrial properties and to fifteen
years for residential properties.
4) Remove obsolete language pertaining to former enterprise
zones and technology zones.
5) Allow larger commercial rehabilitation projects (i.e.,
those with an improvement value of at least $10 million)
to be eligible for an exemption with an improvement
value of at least five percent instead of the current
improvement requirement of 150.
In response to Mr. Holland's question, Mr. Schlaudt stated
both Henrico and Richmond have successfully used the
rehabilitation tax exemption program. He further stated
anyone who is involved with issuing a building permit should
know about the benefit of the program and market it as such.
In response to Ms. Jaeckle's questions, Mr. Schlaudt stated
an individual can obtain access to information through the
county's GIS system relative to when a building was
constructed and if that twenty-five year threshold has been
met. He further stated under the proposal an applicant could
apply for building permit, as well as for the tax exemption.
He stated contractors are encouraged to reach out to
residential, commercial and industrial groups.
Mr. Winslow commended the efforts of Mr. Schlaudt and voiced
his support of the rehabilitation tax exemption program to
encourage investment in county housing stock.
Mr. Schlaudt acknowledged the work of the county's Real
Estate Assessor's office and County Attorney's office.
Mr. Elswick called for public comment.
Ms. Kim Marble, Vice President of the Jefferson Davis
Association, urged the Board to adopt the proposed
amendments. She stated the tax exemption program is essential
for rehabilitation and revitalization of the Jefferson Davis
Corridor.
Mr. Freddy Boisseau, Bermuda District resident, voiced his
support of the proposed amendments. He stressed the
importance of advertising the advantages of the tax exemption
program.
Mr. Elswick commended Mr. Boisseau on his recommendation for
changes to the county's charter.
There being no one to address the issue, the public hearing
was closed.
Mr. Holland commended the efforts of Mr. Schlaudt and county
staff. He also stressed the importance of advertising the
advantages of the tax exemption program.
Mr. Holland then made a motion, seconded by Ms. Haley, 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 SECTIONS 9-11, 9-29, 9-30, 9-31 and 9-32
RELATING TO FINANCE AND TAXATION
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BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 9-I1, 9-29, 9-30, 9-31 and 9-32 of the
Code of the County of Chesterfield, 1997, as amended, are
amended and re-enacted to read as follows:
Chapter 9
FINANCE AND TAXATION
Sec. 9-11. - Real estate assessor.
(a) The board of supervisors shall appoint a professional
assessor, who shall:
(1) Assess all real estate in the county at its fair
market value as of January 1 of each year, correct
errors in tax assessment records, add to the
assessment rolls any real property erroneously
omitted, and remove property from tax rolls when
acquired by owners not subject to taxation;
(2) Maintain appraisal records on a uniform and
comparable basis with comprehensive descriptive
matter for each separate parcel of taxable real
estate in the county;
(3) Maintain appraisal record indices, tax assessment
maps and other devices to provide for ready and
convenient use of records and data in the real estate
assessment department or from other departments
possessing information pertinent to real property
assessments;
(4) Accumulate and maintain current records of changes in
real estate values, including such information as may
be available from building permits, zoning
records, documents dealing with real estate
transactions, and other sources;
(5) Support and justify all assessments and changes in
assessments before the board of equalization of real
estate assessments;
(6) Attend all hearings of the board of equalization and
act as clerk for, or administrative assistant to, the
board, and to furnish such board with information and
data pertaining to real property assessments in the
county.
(b) The board of supervisors hereby authorizes the county
assessor to implement any policies or procedures
necessary to effectively implement sections 9-29 through
9-32.
Sec. 9-29. - Rehabilitated historic residential real estate.
• • •
(b) Within twelve (12) months after the filing date of the
building permit application for the rehabilitation, the
owner of any real estate meeting the criteria stated in
16-750
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this section may apply for an exemption. The application
shall be made on forms provided by the county assessor.
. . .
Sec. 9-30. - Rehabilitated historic commercial real estate.
•zz.1
(b) Within twelve (12) months after the building permit
application filing date for the rehabilitation, the owner
of any real estate meeting the criteria stated in this
section may apply for exemption on forms provided by the
county assessor.
Sec. 9-31. - Partial exemption for certain rehabilitated,
renovated or replaced commercial or industrial structures.
0 0 0
(b) For real property to qualify for the partial exemption
granted by this section, the following criteria must
apply:
(1) Any real estate upon which there is an existing
commercial or industrial structure shall be deemed
to have been substantially rehabilitated, renovated
or replaced when a structure 25 years old or older
has been improved so as to increase the assessed
value of the structure by 15 percent or more, or
increase the assessed value of the structure by
five percent or more for structures with an
assessed value of at least $10,000,000 (ten million
dollars). For a motel or hotel, the structure shall
be no less than 35 years of age. Subject to the
limitations set forth below, the rehabilitated,
renovated or replaced structure may be used for any
purpose, including mixed use, that is allowed by
the building code and the applicable zoning
regulations for the property.
(2) The base value of the commercial or industrial
structure shall be the assessed value of the
structure prior to the commencement of the work as
determined by the county assessor.
0 0 0
(4) The exemption shall run with the real estate for
seven years.
0 0 0
(c) Within twelve (12) months after the filing date of the
building permit application for the rehabilitation,
renovation or replacement the owner of any real estate
meeting the criteria stated in this section may apply
for the exemption. The application shall be made on
forms provided by the county assessor. Upon receiving
the application, the county assessor shall determine the
base value of the structure. This base value
determination shall be effective for two years from the
date of determination, but applicants may reapply after
this time period expires.
0 0 0
Sec. 9-32. - Partial exemption for certain rehabilitated,
renovated or replaced residential structures.
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(b) For real property to qualify for the partial exemption
granted by this section, the following criteria must
apply:
O O O
(4) The rehabilitation, renovation or replacement must
increase the assessment of the structure by ten
percent or more and must be complete.
O O O
(c) Within twelve (12) months after the filing date of the
building permit application for the rehabilitation,
renovation or replacement the owner of any real estate
meeting the criteria stated in this section may apply
for the exemption. The application shall be made on
forms provided by the county assessor. Upon receiving
the application, the county assessor shall determine the
base value of the structure. This base value
determination shall be effective for two years from the
date of determination, but applicants may reapply after
this time period expires.
(d) If the assessor determines that the property for which
an application has been filed qualifies for the partial
exemption under this section, the property shall be
exempt from the increase in real estate taxation
resulting solely from the rehabilitation, renovation or
replacement. This exemption shall become effective on
January 1 of the year following the determination made
by the assessor and shall run with the real estate for a
period of fifteen tax years. The amount of the exemption
shall not change over such fifteen -year period. Upon
completion of the rehabilitation, renovation or
replacement the county assessor shall be notified in
writing and shall inspect the property to determine the
assessed value of the structure and the amount, if any,
of the rehabilitated real estate tax exemption for that
structure. No property shall be eligible for exemption
unless the appropriate building permits have been
acquired, and the county assessor has verified that the
rehabilitation, renovation or replacement indicated on
the application has been completed and meets the
requirements of this section. In determining the base
value and the increased value resulting from the
substantial rehabilitation, renovation or replacement
the county assessor shall employ usual and customary
methods of assessing real estate.
O O O
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
18.C. TO CONSIDER AMENDING SECTION 19.1-236 OF THE COUNTY
CODE RELATING TO REQUIRED PARKING SPACES FOR
RESTAURANTS
Mr. Haasch stated this date and time ha:
the Board to consider amending Section 11
Code relating to required parking spaces
further stated benchmarking results with
well as recently considered zoning acti
reduce parking requirements are desi
restaurant types. He stated based upo:
Board initiated the amendment to reduce
of spaces for freestanding restaurants,
Special Design Districts which already
parking requirements.
16-752
; been advertised for
� . 1-236 of the County
for restaurants. He
other localities as
ons by the Board to
gnated to specific
:z the findings, the
the required number
excluding those in
benefit from reduced
12/14/16
In response to Mr. Holland's question relative to business
feedback, Mr. Haasch stated there have been a couple of
applicants that have come forward who have sought exceptions
to the county's current ordinance standards for reductions to
parking requirements.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTION 19.1-236
OF THE ZONING ORDINANCE RELATING TO REQUIRED PARKING SPACES
FOR RESTAURANTS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19.1-236 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted, to
read as follows:
Chapter 19.1
ZONING
000
000
Number of Spaces Required
Specific Use All Area
General Use Sxclud1x Special Design
Category or Special Design Districts
Size of Use Districts 121 [31
[l] [al [3I
000
1 per 100 s/f
"!-- I
of gfa 4.4 per 1000
Restaurant s/f of gfaE'l
affif
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
16-753
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18.D. TO CONSIDER A PROPOSED AMENDMENT TO THE COMPREHENSIVE
PLAN RELATING TO TRACTOR TRAILER SERVICE STATIONS
18.E. TO CONSIDER AMENDING SECTIONS 19.1-52 AND 19.2-53 OF
THE COUNTY CODE RELATING TO TRACTOR TRAILER SERVICE
emnmrnNc
Mr. Haasch stated this date and time has been advertised for
the Board to consider a proposed amendment to the
Comprehensive Plan relating to tractor trailer service
stations and amendments to Sections 19.1-52 and 19.2-53 of
the County Code relating to tractor trailer service stations.
He further stated the proposed amendment to the Land Use Plan
Chapter of the Comprehensive Plan, would provide further
guidance as to where tractor trailer service stations should
be located. He stated the guidelines would limit such
facilities to areas designated for Industrial on the Land Use
Plan Map, and allow only if impacts on surrounding
development are mitigated and facilities are in proximity to
limited access interchanges. He further stated under the
current ordinance a tractor trailer service station is
permitted as a restricted use in the C-5 District, permitted
by right in I-2 and I-3 Districts, and permitted by
conditional use in the Agricultural (A) District. He stated
the proposed amendment would provide that a tractor trailer
service station no longer be permitted in the C-5 District
and only be permitted by conditional use in A, I-2 and I-3
Districts.
Mr. Elswick called for public comment.
Mr. Freddy Boisseau expressed concerns relative to
restrictions on locations of tractor trailer service
stations. He stated there is a need for a service station in
the Enon area.
There being no one to address the issue, the public hearing
was closed.
Ms. Jaeckle stated the intention of the change is to mitigate
traffic impacts of tractor trailer trucks.
Ms. Jaeckle then made a motion, seconded by Mr. Winslow, for
the Board to adopt the following amendment to the
Comprehensive Plan:
Proposed Amendments to Moving Forward ... The
Comprehensive Plan for Chesterfield County
(;Mn1RAi US1#ES9
Equivalent Zoning: C-5; I -Z
Uses
The following uses are appropriate:
o Intense commercial uses which normally have outside
display and storage areas. Typical commercial uses could
include motor vehicle related uses, contractor shops and
16-754
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storage yards, manufactured home sales, repair services
or other uses that serve customers' specialized needs.
o Light industrial/ research and development uses. Typical
uses could include various types of laboratories;
offices; warehousing; and optical goods, cosmetic,
jewelry, musical instruments and artist materials
manufacturing.
(Chapter 10, Land Use Plan Map Categories, Page 108)
INDUSTRIAL
Equivalent Zoning: L-2; I-3
Uses
The following uses are appropriate:
o Moderate to intense manufacturing uses that are
generally dependent upon the processing of raw
materials, and uses normally have associated outside
storage areas. Typical uses could include paint, tobacco
products, paper, rubber, plastic and cement
manufacturing; truck terminals; and boat repair.
o Under certain circumstances, and in proximity to limited
access interchanges, tractor trailer service stations.
o Under certain circumstances, within larger tracts
developed for industrial uses, integrated supporting
retail and service uses.
(Chapter 10, General _ Use Guidelines,•
➢ Tractor Trailer Service Stations. Limit the provision of
these facilities to areas recommended on the Land Use Plan
Map for Industrial, and allow only if impacts on
surrounding development are mitigated and the use is in
proximity to a limited access interchange.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS
19.1-52 AND 19.1-53 OF THE ZONING ORDINANCE RELATING TO
TRACTOR TRAILER SERVICE STATIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 19.1-52 and 19.1-53 of the Code of the
County of Chesterfield, 1997, as amended, is amended and re-
enacted, to read as follows:
Chapter 19.1
ZONING
000
000
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9
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A
Sec. 19.1-53. Restricted Uses Listed as "R" or "RS".
All$]
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
18.F. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF PROPERTY FOR THE ARCH ROAD (ROUTE 60
TO ARBORETUM PARKWAY) WIDENING AND ROUNDABOUT PROJECT
Mr. Smith stated this date and time has been advertised for
the Board to consider the exercise of eminent domain for the
acquisition of property for the Arch Road (Route 60 to
Arboretum Parkway) Widening and Roundabout Project. He
further stated the county's right-of-way acquisition
consultant has been successful in acquiring right-of-way and
easements from nine (9) property owners. He stated during the
review of the acquisitions by staff, a previously
unidentified parcel was discovered adjacent to Arch Road
which was believed to already be county owned right-of-way.
He further stated court records indicate the parcel was not
conveyed to the county. He stated the property is titled
under the Shenandoah Corporation and there are no records on
file with the State Corporation Commission regarding the
existence or dissolution of the corporation. He stated staff
has been unable to identify and locate any successors in
interest of the corporation despite diligence to do so. He
further stated the property is encumbered by Arch Road,
associated drainage structures and driveways to adjacent
properties.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Winslow, seconded by Ms. Jaeckle, the Board
authorized the exercise of eminent domain including the
filing of certificate of deposit for the acquisition of the
subject parcel located along Arch Road being a portion of
Title Number 748702000000000 from the Shenandoah Corporation
for the Arch Road (Route 60 to Arboretum Parkway) Widening
and Roundabout Project.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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18.G. TO CONSIDER THE EXERCISE OF EMINENT DOMAIN FOR THE
ACQUISITION OF RIGHT-OF-WAY AND EASEMENTS FOR THE
MAGNOLIA GREEN COMMUNITY DEVELOPMENT AUTHORITY ROAD
WIDENING PROJECT
Mr. Smith stated this date and time has been advertised for
the Board to consider the exercise of eminent domain for the
acquisition of right-of-way and easements for the Magnolia
Green Community Development Authority Road Widening Project.
He further stated during the course of this large project,
the county's right-of-way acquisition consultant has been
successful in acquiring right-of-way and easements from
thirty-eight (38) property owners. He stated the county's
consultant has been unable to reach agreement with four (4)
property owners. He further stated the county's consultant
has recommended eminent domain on nine (9) parcels in order
to allow the third, and final, phase of utility relocations
to take place such that construction advertisement can occur
without further delay.
In response to Mr. Winslow's question relative to parcel
4011, Mr. Smith stated the final amount negotiated was around
$36,000, with additional compensation after the appraisal. He
further stated the property owner of parcel #009 could submit
another appraisal for consideration.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Elswick urged Mr. Smith to continue to negotiate with the
property owners in an attempt to reach a settlement after the
certificate is filed.
Mr. Elswick then made a motion, seconded by Ms. Jaeckle, the
Board authorized the exercise of eminent domain on the
following parcels, including the filing of a certificate of
deposit, for the acquisition of right-of-way and easements
for the Magnolia Green Community Development Authority Road
Widening Project:
1. Douglas L. Gill and Wendy
Road, GPIN 7096724239; and,
2. Henry L. Gill, Jr., 6900
7086719185; and,
Long Gill, 6910 Otterdale
Otterdale Road Road, GPIN
3. Stewart Family, RLLP, GPIN 7086748562; and,
4. RREF II -TFC, WYNWOOD, LLC. GPIN 7086757097, 7116771083,
7126774664, 7116779744, and 7126772942.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
18.H. TO CONSIDER AN ORDINANCE TO VACATE LOTS 43, 44, 47
AND 48, MAP OF WESTOVER FARMS
Mr. Harmon stated this date and time has been advertised for
the Board to consider an ordinance to vacate Lots 43, 44, 47
and 48, map of Westover Farms.
Mr. Elswick called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Jaeckle, seconded by Ms. Haley, the Board
adopted the following ordinance:
16-757
12/14/16
PE
It
P]
A
A
AN ORDINANCE whereby the COUNTY OF
CHESTERFIELD, VIRGINIA, ("GRANTOR")
vacates to EVB, INC. ("GRANTEE") a
portion of Lots 43 and 44; and to
EMERSON -ROPER COMPANIES, LLC, a
Virginia liability company
("GRANTEE"), a portion of Lots 43
and 44, and Lots 47 and 48, Map of
Westover Farms, BERMUDA Magisterial
District, Chesterfield County,
Virginia, as shown on a plat thereof
duly recorded in the Clerk's Office,
Circuit Court, Chesterfield County,
Virginia in Plat Book 4, at Pages
118 and 119.
WHEREAS, EMERSON -ROPER COMPANIES, LLC, petitioned the
Board of Supervisors of Chesterfield County, Virginia to
vacate Lots 43, 44, 47 and 48, Map of Westover Farms, BERMUDA
Magisterial District, Chesterfield County, Virginia more
particularly shown on a plat of record in the Clerk's Office
of the Circuit Court of said County in Plat Book 4, Pages 118
and 119, by J.W. PUGH, dated NOVEMBER 29, 1927, recorded
FEBRUARY 11, 1928. The lots petitioned to be vacated are
more fully described as follows:
Lots 43, 44, 47 and 48, Map of Westover
Farms, the location of which is more
fully shown on a plat made by HIGHMARK
ENGINEERING, dated NOVEMBER 18, 2016, a
copy of which is attached hereto and made
a part of this Ordinance.
WHEREAS, notice has been given pursuant to Section 15.2-
2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance
of the lots sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid lots be and are
hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office,
Circuit Court, Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Virginia, 1950, as amended.
The effect of this
2274 is to destroy the
the portion of the plat
fee simple title to the
property owners of Lots
Farms, free and clear of
Ordinance pursuant to Section 15.2 -
force and effect of the recording of
vacated. This Ordinance shall vest
lots hereby vacated in the underlying
43, 44, 47 and 48, Map of Westover
any rights of public use.
Accordingly, this Ordinance shall be indexed in the
names of the GRANTOR and GRANTEES, or their successors in
title.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
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19. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits or zoning
requests at this time.
20. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
21. ADJOURNMENT
Mr. Elswick wished everyone a happy and joyous holiday
season.
Mr. Winslow, Ms. Haley and Mr. Holland commended Mr. Elswick
on his leadership as Chairman this year.
On motion of Mr. Winslow, seconded by Ms. Haley, the Board
adjourned at 7:49 p.m. until January 11, 2017 at 6 p.m. for
the Board's annual organizational meeting.
Ayes: Elswick, Jaeckle, Holland, Winslow and Haley.
Nays: None.
z_------ -SkA,- L&9al."t -
seph P. Casey Step en A. Elswick
County Administrator Chairman
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12/14/16
D