2024-05-15 Minutes 24-152 5/15/2024
BOARD OF SUPERVISORS MINUTES May 15, 2024 Supervisors in Attendance:
Mr. James M. Holland, Chair
Dr. Mark Miller, Vice Chair
Mr. James A. Ingle, Jr.
Ms. Jessica L. Schneider
Mr. Kevin P. Carroll
Dr. Joseph P. Casey
County Administrator
Mr. Holland called the meeting to order at 2:00 p.m.
1. APPROVAL OF MINUTES On motion of Ms. Schneider, seconded by Dr. Miller, the Board approved the minutes of the April 30, 2024, Chamber RVA’s InterCity Visit, as submitted. Ayes: Holland, Miller, and Schneider. Nays: None. Abstain: Carroll and Ingle. On motion of Mr. Carroll, seconded by Ms. Schneider, the Board approved the minutes of the April 10, 2024, and April 24, 2024, Board of Supervisors meeting, as submitted. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. On motion of Ms. Schneider, seconded by Mr. Carroll, the Board approved the minutes of the May 9, 2024, RRTPO Policy Board meeting, as submitted. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None.
2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no requests to postpone agenda items and
additions, deletions or changes in the order of presentation. 3. EVERYDAY EXCELLENCE
Dr. Casey recognized Ms. Rachel Redd as the recipient of the
Everyday Excellence Award for her work related to medically
assisted treatments at the county jail. Due to federal laws
that govern and regulate medically assisted treatment, the
jail is not allowed to store methadone in the facility even
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though personnel administer it daily. Ms. Redd is tasked with
figuring out not only who is already medically assisted
treatment but also is responsible for verifying the
prescriptions at various other facilities.
(Note: The recognition can be viewed at the following link:
Board of Supervisors Meeting • Chesterfield County, Virginia
• CivicClerk)
4. WORK SESSIONS 4.A. AEDS IN PUBLIC SPACES
Mr. Clay Bowles provided the Board of Supervisors with an
update regarding deployment and management of Automated
External Defibrillators (AEDs) at county facilities.
Discussion and questions ensued relative to the information
provided during the presentation.
(Note: The presentation can be viewed at the following link:
Board of Supervisors Meeting • Chesterfield County, Virginia
• CivicClerk)
4.B. SHERIFF’S OFFICE ANNUAL UPDATE
Sheriff Karl Leonard provided the Board of Supervisors with
an update regarding current operations and future
initiatives.
Discussion and questions ensued relative to the information
provided during the presentation.
(Note: The presentation can be viewed at the following link:
Board of Supervisors Meeting • Chesterfield County, Virginia
• CivicClerk)
4.C. COUNTY WEBSITE UPDATE
Ms. Joanne Worsham and Mr. Chris Coleman provided the Board
of Supervisors with an update regarding the county website
redesign.
Discussion and questions ensued relative to the information
provided during the presentation.
(Note: The presentation can be viewed at the following link:
Board of Supervisors Meeting • Chesterfield County, Virginia
• CivicClerk)
4.D. ENVIRONMENTAL STEWARDSHIP UPDATE
Mr. Clay Bowles presented a video to the Board of Supervisors
describing several recent environmental stewardship success
stories.
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Discussion and questions ensued relative to the information
provided during the presentation.
(Note: The presentation can be viewed at the following link:
Board of Supervisors Meeting • Chesterfield County, Virginia
• CivicClerk)
4.E. CONSENT AGENDA HIGHLIGHTS Mr. Matt Harris and Mr. Jesse Smith updated the Board on various consent agenda highlights being proposed on this evening’s agenda. 5. REPORTS 5.A. REPORTS ON THE STATUS OF DISTRICT IMPROVEMENT OPERATING AND CAPITAL FUNDS, GENERAL FUND UNASSIGNED BALANCE AND DEBT POLICY RATIOS, AND INVESTMENTS
The Board approved reports on the status of district
improvement operating and capital funds, general fund
unassigned balance and debt policy ratios, and investments. 6. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. James Regal expressed concerns relative to amendments and enactments to Section 15 Article V as pertains to massage therapists. 7. CLOSED SESSION 7.A. 1) PURSUANT TO § 2.2-3711(A)(5), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS OR CONSIDER PROSPECTIVE BUSINESSES OR INDUSTRIES OR THE EXPANSION OF EXISTING BUSINESSES OR INDUSTRIES WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE BUSINESSES’ OR INDUSTRIES’ INTEREST IN LOCATING OR EXPANDING THEIR FACILITIES IN THE COMMUNITY, 2) PURSUANT TO § 2.2-3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC PURPOSE, OR THE DISPOSITION OF PUBLICLY HELD REAL PROPERTY, WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE PUBLIC BODY, AND 3) PURSUANT TO § 2.2-3711(A)(29), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE AWARD OF A PUBLIC CONTRACT INVOLVING THE EXPENDITURE OF PUBLIC FUNDS WHERE DISCUSSION IN OPEN SESSION WOULD ADVERSELY AFFECT THE BARGAINING POSITION OR NEGOTIATING STRATEGY OF THE PUBLIC BODY on motion of Dr. Miller, seconded by Ms. Schneider, the board went into closed session 1) pursuant to § 2.2-3711(a)(5), Code of Virginia, 1950, as amended, to discuss or consider prospective businesses or industries or the expansion of existing businesses or industries where no previous announcement has been made of the businesses’ or industries’
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interest in locating or expanding their facilities in the community, 2) pursuant to § 2.2-3711(a)(3), Code of Virginia, 1950, as amended, to discuss the acquisition by the county of real estate for a public purpose, or the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the public body, and 3) pursuant to § 2.2-3711(a)(29), Code of Virginia, 1950, as amended, to discuss the award of a public contract involving the expenditure of public funds where discussion in open session would adversely affect the bargaining position or negotiating strategy of the public body. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None.
On motion of Dr. Miller, seconded by Ms. Schneider, 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. Ingle: Aye. Ms. Schneider: Aye. Mr. Carroll: Aye. Dr. Miller: Aye. Mr. Holland: Aye. 8. RECESS FOR DINNER
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
recessed for dinner in Room 502.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. Reconvening:
9. INVOCATION
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The Honorable Jessica Schneider, Clover Hill District
Supervisor, gave the invocation.
10. PLEDGE OF ALLEGIANCE
Deputy County Administrator Matt Harris led the Pledge of
Allegiance.
11. COUNTY ADMINISTRATION UPDATE 11.A. YOUTH ADVISORY BOARD ANNUAL UPDATE
Ms. Chloe Carter, Community Engagement Coordinator of Youth,
provided details relative to the activities of this year’s
Youth Advisory Board.
11.B. FUTURE COMMUNITY LEADERS CERTIFICATE PROGRAM RECIPIENTS
Ms. Chloe Carter stated the Future Community Leaders
Certificate program provides Chesterfield County high school
students with the opportunity to learn about their local
government, interact with government officials, and engage in
volunteerism to support the community. She then recognized
and presented certificates to the program recipients.
11.C. 275TH ANNIVERSARY UPDATE
Ms. Emily Ashley, Director of Community Engagement and
Resources, provided an update the Board of Supervisors
regarding the county’s upcoming 275th anniversary. She stated
the anniversary celebration includes patriotic concert
performances, living history demonstrations, crafters and
exhibitors, children’s activities, and a fireworks display.
11.D. RECOGNITION OF OLDER AMERICANS MONTH AND OLDER AMERICANS MONTH STUDENT ESSAY CONTEST
Ms. Ashley stated Older Americans Month is observed in
Chesterfield County, the Commonwealth of Virginia, and the
nation in May to show appreciation for the older adults in
the community. She further stated the Older Americans Month
theme for this year is Powered by Connection, which
recognizes the profound impact that meaningful relationships
and social connections have on our health and well-being.
In celebration of Older Americans Month, the Board recognized
the winner, Miss Magz Gimenez from J.B. Watkins Elementary
School, who wrote an essay for the Older Americans Month
Student Essay Contest on her relationship with her
grandfather.
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11.E. SPORTS, VISITATION AND ENTERTAINMENT RECENT EVENTS UPDATE
Mr. J.C. Poma, Director of Sports, Visitation, and
Entertainment, provided an update to the Board of Supervisors
regarding the department’s recent successes, including the
inaugural Chesterfield Restaurant Week and Outdoor Fest, and
shared details about events and facilities on the horizon
that will further cement the county as a competitive sports
destination.
11.F. SMALL BUSINESS WEEK UPDATE AND CRACRE AWARD PRESENTATION
Ms. Latisha Jenkins, Managing Director of Small Business and
Entrepreneurship, and Mr. Jake Elder, Deputy Director of
Development Services for Economic Development, provided an
update to the Board of Supervisors relative to Small Business
Week and details of the Greater Richmond Association for
Commercial Real Estate (GRACRE) Award. 11.G. OTHER COUNTY ADMINISTRATION UPDATES
Ms. Natalie Spillman, Director of Intergovernmental Relations, provided an update to the Board of Supervisors relative to legislative matters. 12. BOARD MEMBER REPORTS Board members announced and provided details of several community meetings and county-related events they attended recently. 13. RESOLUTIONS AND SPECIAL RECOGNITIONS 13.A. RESOLUTION RECOGNIZING JOHN “JACK” BERRY, JR. UPON HIS RETIREMENT
Mr. J.C. Poma, Director of Sports, Visitation and
Entertainment, introduced Mr. Jack Berry, who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Mr. Carroll, the Board
adopted the following resolution:
WHEREAS, Mr. John F. “Jack” Berry, Jr. will be retiring
from Richmond Region Tourism effective June 30, 2024; and
WHEREAS, Mr. Berry has served the residents and visitors
of Chesterfield County with passion, humility, and
distinguished pride in making the Richmond Region a great
place to live, work, play, and stay; and
WHEREAS, among his many noteworthy achievements, Mr.
Berry led the development and creation of the Greater
Richmond Convention Center Authority and the Tourism
Improvement District; and
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WHEREAS, with exemplary leadership, Mr. Berry worked
tirelessly throughout two of our nation’s historic downturns
in tourism and hotel occupancy to continue to invigorate the
local economy with visitor spending; and
WHEREAS, Mr. Berry’s commitment to public service
extends beyond tourism, as is evident through his extensive
volunteerism to local nonprofits throughout his career; and
WHEREAS, the Chesterfield County Board of Supervisors
recognizes and sincerely appreciates the more than 31 years
of dedication that Mr. Berry has devoted to Chesterfield
County and the Richmond Region.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors hereby congratulates and extends
best wishes to Mr. Berry for a long and healthy retirement.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Berry and that on the 15th day
of May 2024, this resolution be permanently recorded among
the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. Mr. Holland presented an executed resolution to Mr. Berry, expressed appreciation for his valuable service and contributions to the county, and wished him a happy retirement. Mr. Berry, accompanied by members of his family, thanked the Board of Supervisors for the special recognition and kind sentiments. A standing ovation followed. 13.B. RESOLUTION RECOGNIZING MR. RICHARD “DICKY” FENNER, UTILITIES DEPARTMENT, UPON HIS RETIREMENT
Mr. George Hayes, Director of Utilities, introduced Mr. Dicky
Fenner, who was present to the receive the resolution.
On motion of Mr. Carroll, seconded by Ms. Schneider, the
Board adopted the following resolution:
WHEREAS, Mr. Dicky Fenner will retire from the Chesterfield County Utilities Department on June 1, 2024, after providing over 42 years of quality service to the residents of Chesterfield County; and WHEREAS, Mr. Fenner was hired by the Utilities Department in September 1981 as a Labor Foreman; and WHEREAS, Mr. Fenner received promotions to Utility Supervisor 1993, Assistant Water Operations Manager of Maintenance in 1995, Assistant Water Operations Manager of Operations in 2005, and Water Operations Manager in 2017; and WHEREAS, Mr. Fenner is commended for operating and maintaining the County’s water distribution system that grew in size from approximately 600 miles of waterline in 1981 to
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more than 2,100 miles of waterline in 2024; and WHEREAS, Mr. Fenner served as an instructor at the Virginia Polytechnic Institute and State University from 2000 to 2006 for the Health Department Water Treatment Plant Operator Short Course for water distribution topics; and WHEREAS, Mr. Fenner was instrumental in shaping the state’s “Miss-Utility Law” as part of the State Corporation Commission’s 2001 Task Force to improve the Underground Damage Prevention Act; and WHEREAS, Mr. Fenner was nominated by his peers and selected as the Utilities Department Employee of the Year in 2003; and WHEREAS, Mr. Fenner was recognized with the Life Member Award from the Virginia American Water Works Association (AWWA) Water Distribution Committee; and WHEREAS, Mr. Fenner facilitated Chesterfield County’s hosting of the AWWA’s Annual Distribution System Seminar and Utility Rodeo in 1990, 1996, 2005, 2011 and 2022; and WHEREAS, Mr. Fenner continuously served as head judge for the AWWA Annual Distribution System Seminar and Utility Rodeo since 1995; and WHEREAS, Mr. Fenner was responsible for maintaining uninterrupted water service to all County water customers after temporarily losing service from two of the County’s water supplies during the historic 700-year flood event of August 15, 2020; and WHEREAS, Mr. Fenner has provided the Chesterfield County Utilities Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Fenner’s diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 15th day of May 2024, publicly recognizes Mr. Dicky Fenner 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. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Fenner, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. Mr. Holland presented an executed resolution to Mr. Fenner, expressed appreciation for his valuable service and contributions to the county, and wished him a happy retirement. Dr. Casey presented Mr. Fenner with an engraved brick, expressed appreciation for his exceptional and faithful service to the county, and wished him well in his retirement.
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Mr. Fenner thanked the Board of Supervisors for the special recognition and kind sentiments. A standing ovation followed. 13.C. RECOGNITION OF 2024 SPRING GOVERNMENT CITIZENS ACADEMY GRADUATES
Ms. Kelly Booth, Community Engagement Coordinator, introduced
recent graduates of the 2024 Spring Government Citizens
Academy, who were present to be recognized and receive their
certificates. She stated the academy offers Chesterfield
residents the opportunity to learn about their local
government through interactive sessions. She further stated
during the nine-week program, participates receive a
comprehensive look at programs, and learn directly from
department leaders and members of the Board of Supervisors
about local government operations.
Ms. Mary Beth León, member of the academy class, addressed
the Board to give her perspective on what she learned over
the course of the academy.
14. NEW BUSINESS 14.A. APPROVE A PERFORMANCE GRANT AGREEMENT WITH TOPSOE SOEC PRODUCTION US INC.
Mr. Garrett Hart, Director of Economic Development, stated
Topsoe SOEC Production US Inc. plans to invest more than $400
million to build a factory at Meadowville Technology Park in
Chesterfield County. He further stated the new tax revenue,
increased economic activity, and new jobs created constitute
a benefit to the county and staff recommends that an economic
development grant be awarded to the company.
On motion of Dr. Miller, seconded by Mr. Carroll, the Board
approved a performance grant agreement with Topsoe SOEC
Production US Inc.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B. APPOINTMENTS 14.B.1. CHESTERFIELD COUNTY AIRPORT ADVISORY BOARD
On motion of Ms. Schneider, seconded by Mr. Ingle, the Board
nominated/reappointed Mr. Andrew McEnhimer, Dale District, to
serve on the Chesterfield County Airport Advisory Board,
whose term is effective May 23, 2024, and will expire May 22,
2027.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.2. CAMP BAKER MANAGEMENT BOARD
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On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
nominated/reappointed Mr. William “David” Meadows as the
county’s administrative liaison to the Camp Baker Management
Board those term is effective May 1, 2024, and will expire
April 30, 2027.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.3. COMMITTEE ON THE FUTURE
On motion of Mr. Carroll, seconded by Dr. Miller, the Board
nominated/appointed Mr. Mark A. Brumfield, III to serve on
the Committee on the Future representing the Midlothian
District, whose term is at the pleasure of the Board.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C. CONSENT ITEMS 14.C.1. ADOPTION OF RESOLUTIONS 14.C.1.a. RESOLUTION RECOGNIZING LIEUTENANT DONALD L. STORY, JR., POLICE DEPARTMENT, UPON HIS RETIREMENT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
WHEREAS, Lieutenant Donald L. Story, Jr., will retire
from the Chesterfield County Police Department on June 1,
2024 after providing over 24 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Lieutenant Story began his career with
Chesterfield Police as a pre-certified Police Officer with 9
years of law-enforcement experience and continued his
faithful service to the county as a Senior Police Officer,
Master Detective, Sergeant and Lieutenant; and
WHEREAS, during his tenure, Lieutenant Story also served
as a Field Training Officer, Evidence Technician, Desk
Officer, Breathalyzer Operator Patrol Rifle Operator and was
part of the Special Response Unit; and
WHEREAS, Lieutenant Story earned a Life Saving Award for
his efforts to administer CPR and first aid to an individual
who had taken steps to end their own life until rescue
personnel were able to enter the residence and render aid;
and
WHEREAS, Lieutenant Story was presented with a Chief’s
Commendation for contributions to major Police Department
changes that were implemented including addition of a third
operational division, new police beats and new call signs in
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addition to ensuring the associated changes were included in
all police operating systems; and
WHEREAS, Lieutenant Story was presented with an
Achievement Award for results he achieved with the
implementation of the Gatekeeper operation which utilized
crime and traffic violations statistics and a team of
motivated officers to drive down robberies by nearly forty
percent and achieve a major increase in traffic stops,
criminal arrests and weapon seizures; and
WHEREAS, Lieutenant Story was praised for his actions
upon arrival at a local day care center with audible alarms
and smoke in the building and 72 children inside ages 1 to 4
years, some in cribs, coordinating with a nearby business
suitable to house the children, assisting Fire Department
personnel to move them through cold and heavy rain and
establishing a plan to ensure that after relocation, each
child was accounted for and reunited with the proper parents;
and
WHEREAS, Lieutenant Story is recognized for his
professionalism, teamwork, and his excellent communications
and human relations skills, all of which he has utilized
within the Police Department and in assisting citizens of
Chesterfield County during his career; and
WHEREAS, Lieutenant Story, during his tenure, has
received numerous letters of commendation, thanks and
appreciation for services rendered; and
WHEREAS, Lieutenant Story 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 Lieutenant Story's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors publicly recognizes Lieutenant
Donald L. Story, Jr. 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: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.1.b. RESOLUTION RECOGNIZING BATTALION CHIEF VINCENT A. URQUHART, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
WHEREAS, Battalion Chief Vincent A. Urquhart retired
from the Chesterfield Fire and Emergency Medical Services
Department, on May 1, 2024; and
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WHEREAS, Chief Urquhart completed Recruit School #22, in
1989, and has faithfully served Chesterfield County for 35
years in various assignments, as a firefighter at the
Ettrick, Wagstaff, Bensley, Airport, Clover Hill Fire and EMS
stations; and
WHEREAS, Chief Urquhart was promoted to lieutenant in
October 2002, serving as a company officer at the Clover
Hill, and Enon Fire and EMS Stations, in addition to serving
as the tactical safety officer; and
WHEREAS, Chief Urquhart was promoted to captain in May
2008 and served as the station captain at the Bensley and
Matoaca Fire and EMS stations; and
WHEREAS, Chief Urquhart was promoted to Battalion Chief
in December 2009, serving the central, southern, northern and
western battalions, and served as Chief of the Training
Division from January 2014 through November 2015; and
WHEREAS, Chief Urquhart served as a member of the
Richmond Metro High-Rise Workgroup, Richmond Metro Big Box
Workgroup, Recruitment and Retention Workgroup, Structural
Firefighting Glove Replacement Workgroup, Thermal Imaging
Camera Replacement Workgroup, Metro Operations Chiefs High-
Rise subcommittee, Work Performance Evaluation Facilitator,
Department Safety Review Board, Chesterfield Fire and EMS
Combat Challenge Team; and
WHEREAS, Chief Urquhart served as a member of the
Chesterfield Fire and EMS New Hire Interview Panel from 1998-
2011 and served as the Panel Chair from 2011 through 2017;
and
WHEREAS, Chief Urquhart coordinated the visit of the 44th
President of the United States of America, Barack Obama, to
the Buford Fire and EMS station in 2011; and
WHEREAS, Chief Urquhart served as an adjunct instructor
to recruit schools from 1995-2015, In-service programs from
2006-2014; and
WHEREAS, Chief Urquhart served as an instructor for the
Applied Leadership for Company Officers Program beginning in
2012; and
WHEREAS, Chief Urquhart served as an instructor for the
Chief Officer Development Program beginning in 2014; and
WHEREAS, Chief Urquhart served as an assessor for
Chesterfield Fire and EMS promotional panels beginning in
2010; and
WHEREAS, Chief Urquhart was awarded a Lifesave Award for
his involvement in the successful outcome of residents
trapped due to an apartment fire on December 13, 1996; and
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WHEREAS, Chief Urquhart was awarded an EMS Lifesave
Award for his involvement in the successful outcome of a
resident suffering cardiac arrest on May 5, 2003; and
WHEREAS, Chief Urquhart was awarded an EMS Unit Citation
Award for his involvement in the successful outcome of two
residents suffering life threatening injuries as a result of
a serious motor vehicle crash on January 1, 2004; and
WHEREAS, Chief Urquhart was awarded a Lifesave Award for
his involvement in the successful outcome of a resident and
her grandchildren who were trapped in a burning vehicle on
July 13, 2010; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Battalion Chief Vincent A. Urquhart, expresses the
appreciation of all residents for his service to the county,
and extends their appreciation for his dedicated service and
their congratulations upon his retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None. 14.C.1.c. RESOLUTION RECOGNIZING LIEUTENANT COLONEL DANIEL W. KELLY, POLICE DEPARTMENT, UPON HIS RETIREMENT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
WHEREAS, Lieutenant Colonel/Deputy Chief of Police
Daniel W. Kelly will retire from the Chesterfield County
Police Department on June 1, 2024 after providing over 36
years of outstanding quality service to the residents of
Chesterfield County; and
WHEREAS, Lieutenant Colonel Kelly began his law-
enforcement career path in 1987 as a Police Recruit and
continued his faithful service to the county as a Patrol
Officer, Detective, Sergeant, Lieutenant, Captain, Major and
Lieutenant Colonel/Deputy Chief of Police; and
WHEREAS, earlier in his tenure, Lieutenant Colonel Kelly
also served as a General Instructor and Emergency Response
Team member; and
WHEREAS, Lieutenant Colonel Kelly was presented with a
Chief’s Award for Excellence for his career long commitment
to the department and its officers as evidenced by his four-
year focused leadership effort culminating in the
implementation of a department-wide wellness program that
addresses the physical and mental health of department
members during their extensive careers and positioning them
to retire as healthy and functioning members of the
community; and
WHEREAS, Lieutenant Colonel Kelly led a team to submit
the department’s safety and wellness programs to the National
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Law Enforcement Officers Memorial Fund, Destination Zero
National Officer Safety and Wellness awards program which
recognizes agencies across the country that have implemented
cutting edge officer safety and wellness programs that
provide best practices and material to help reduce the number
of officer fatalities and increase officer safety and
wellness, and the department was recognized as the top law
enforcement agency in the country for two consecutive years
in the categories of Comprehensive Officer Safety (2022) and
Traffic Safety (2023); and
WHEREAS, Lieutenant Colonel Kelly earned a Chief’s
Commendation early in his tenure as a Detective for his
critical role in the arrest of eight robbery suspects
involving twenty-three open felony cases and property
recovery valued at over $100,000, an effort that required
long hours and full coordination with two other officers who
were involved in the case; and
WHEREAS, Lieutenant Colonel Kelly received a Chief’s
Commendation for his role on the committee charged with
evaluating the sworn officer salary program, requiring months
of weekly meetings to develop a fair and equitable pay plan
which would not generate future pay inequities, and after
presenting the plan to the County Administrator, nearly all
of the plan recommendations received his approval, a major
one being the increase in the starting pay for Police
Officers, making it very competitive in the region; and
WHEREAS, Lieutenant Colonel Kelly was presented with an
Achievement Award for his leadership of the body worn camera
pilot project including research, information gathering,
policy development, training and detailed analysis of pilot
data to prepare following county approval for the successful
deployment of the technology to all police officers; and
WHEREAS, Lieutenant Colonel Kelly worked with staff to
found the first Chesterfield Police Athletic League in 2017,
and through the dedicated efforts of department members the
program evolved into the Chesterfield Police Activities
League serving youth across the county with activities such
as summer camp, sports camps, bowling league, movie nights,
State Park trips, Read with a Cop, visits to Virginia State
University, Annual Haunted Woods and Fall Fest, school supply
drives, Star Wars Reading Day, and numerous other events to
build police-community relations and leadership skills; and
WHEREAS, Lieutenant Colonel Kelly served on several
boards of directors to include: Chesterfield Federal Credit
Union, Chesterfield Court Appointed Special Advocates, John
Tyler Alcohol Safety Action Program, and Communities in
Schools of Chesterfield and volunteered for several years as
a mentor to students at local elementary schools and was
recognized as Mentor of the Year in 2013; and
WHEREAS, Lieutenant Colonel Kelly is recognized for his
professionalism, his excellent human relations skills and
teamwork as well as his strong work-ethic, all of which he
has utilized within the Police Department and in assisting
residents of Chesterfield County during his career; and
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WHEREAS, Lieutenant Colonel Kelly, during his tenure,
has received numerous letters of commendation, thanks and
appreciation for services rendered; and
WHEREAS, Lieutenant Colonel Kelly 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 Lieutenant Colonel Kelly's diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors publicly recognizes Lieutenant
Colonel Daniel W. Kelly 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: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None. 14.C.1.d. RESOLUTION RELATING TO THE ISSUANCE OF UP TO $90,000,000 OF GENERAL OBLIGATION BONDS FOR COUNTY AND SCHOOL CAPITAL PROJECTS AS APPROVED VIA THE NOVEMBER 2022 BOND REFERENDUM
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
RESOLUTION PROVIDING FOR THE ISSUANCE,
SALE AND AWARD OF GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, IN THE MAXIMUM
AGGREGATE PRINCIPAL AMOUNT OF
$90,000,000, HERETOFORE AUTHORIZED, AND
PROVIDING FOR THE FORM, DETAILS AND
PAYMENT THEREOF
WHEREAS, by resolution adopted on June 29, 2022 (the
“Authorizing Resolution”), the Board of Supervisors (the
“Board”) of the County of Chesterfield, Virginia (the
“County”) (a) authorized the issuance of general obligation
capital improvement bonds in the maximum principal amount of
$540,000,000 to finance various capital improvement projects
for (i) public school system purposes, (ii) public safety
purposes, (iii) public library purposes and (iv) parks and
recreation purposes (collectively, the “Projects”), subject
to the approval of the voters at a special election, and (b)
requested the Circuit Court of the County of Chesterfield to
order a special election on the issuance of such bonds;
WHEREAS, pursuant to a special election held on November
8, 2022 (the “Election”), the qualified voters of the County
approved the issuance of general obligation bonds of the
County in the maximum principal amount of $540,000,000 to
finance the Projects, none which of bonds have been issued
and sold;
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WHEREAS, the County has previously issued $50,000,000 of
principal amount of such general obligation bonds to finance
various capital improvements for public school system
purposes and $54,800,000 of principal amount of such general
obligations bonds to finance various capital improvement
projects for other governmental purposes;
WHEREAS, the Board desires to (a) issue up to
$90,000,000 of additional principal amount of such general
obligation bonds (as further described herein, the “Bonds”)
authorized by the Authorizing Resolution and approved by the
qualified voters of the County pursuant to the Election and
(b) use the proceeds thereof to (i) finance a portion of the
costs of the Projects, including but not limited to (A)
development of conservation areas, (B) development of Falling
Creek Park, (C) development of Horner Park, (D) replacement
of Ettrick Fire and Rescue Station, (E) development of
Western Hull Street Road (Swift Creek) Police Station, (F)
replacement of A.M. Davis Elementary School and Bensley
Elementary School and (G) development of a new elementary
school in the western area of the County, and (ii) pay
related costs of issuance; and
WHEREAS, the County administration, in consultation with
Davenport & Company LLC, acting as the County’s financial
advisor (the “Financial Advisor”), has recommended that the
County sell the Bonds through one of the following methods:
(a) a public offering through a competitive sale or (b) a
public offering through a negotiated underwriting;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA:
1. Issuance of Bonds. Pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the
Public Finance Act of 1991, and in accordance with the
authorization of the Authorizing Resolution and the approval
of the qualified voters pursuant to the Election, the Board
hereby provides for the issuance and sale of the Bonds in an
aggregate principal amount not to exceed $90,000,000 to
finance a portion of the costs of the Projects and to pay
related costs of issuance.
2. Bond Details.
(a) The Bonds shall be designated “General
Obligation Public Improvement Bonds, Series 2024” or such
other designation as the County Administrator (such term as
used herein to include the County Administrator and the
Deputy County Administrator for Finance and Administration)
may determine, shall be in registered form, shall be dated
such date as may be determined by the County Administrator,
shall be in denominations of $5,000 and integral multiples
thereof and shall be numbered R-1 upward. Subject to the
provisions and limitations of this Resolution, the Board
authorizes the County Administrator to undertake the issuance
and sale of the Bonds and to determine the final pricing
terms of the Bonds as he shall deem to be in the best
interests of the County; provided, however, that the Bonds
shall (i) be issued in an aggregate principal amount not
exceeding the limit set forth in Section 1, (ii) have a
“true” or “Canadian” interest cost not to exceed 6.00%
(taking into account any original issue discount or premium),
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(iii) be sold at a price not less than 95% of the original
aggregate principal amount thereof (excluding any original
issue discount or premium), and (iv) mature, or be subject to
mandatory sinking fund redemption in annual installments, in
years ending no later than December 31, 2054.
(b) Principal of the Bonds shall be payable
annually on dates determined by the County Administrator.
Each Bond shall bear interest from its date at such rate as
shall be determined at the time of sale, calculated on the
basis of a 360-day year of twelve 30-day months, payable
semiannually on dates determined by the County Administrator.
Principal and premium, if any, shall be payable to the
registered owners upon surrender of Bonds as they become due
at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the
registered owners at their addresses as they appear on the
registration books kept by the Registrar on a date prior to
each interest payment date that shall be determined by the
County Administrator (the “Record Date”); provided, however,
that at the request of the registered owner of the Bonds,
payment may be made by wire transfer pursuant to the most
recent wire instructions received by the Registrar from such
registered owner. If any payment date with respect to the
Bonds is not a Business Day (as hereinafter defined), such
payment shall be made on the next succeeding Business Day
with the same effect as if made on the stated payment date
and no additional interest shall accrue. “Business Day”
shall mean a day on which banking business is transacted, but
not including a Saturday, Sunday or legal holiday, or any
other day on which banking institutions are authorized by law
to close in the Commonwealth of Virginia. Principal,
premium, if any, and interest shall be payable in lawful
money of the United States of America.
(c) Initially, one Bond certificate for each
maturity of the Bonds shall be issued to and registered in
the name of The Depository Trust Company (“DTC”) or its
nominee. The County has heretofore entered into a Letter of
Representations relating to a book-entry system to be
maintained by DTC with respect to the Bonds. “Securities
Depository” shall mean DTC or any other securities depository
for the Bonds appointed pursuant to Subsection 2(d).
(d) In the event that (i) the Securities
Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the
Registrar, and the County discharges the Securities
Depository of its responsibilities with respect to the Bonds,
or (ii) the County in its sole discretion determines (A) that
beneficial owners of the Bonds shall be able to obtain
certificated Bonds or (B) to select a new Securities
Depository, then its Deputy County Administrator for Finance
and Administration or Director of Budget and Management,
either of whom may act, shall, at the direction of the
County, attempt to locate another qualified securities
depository to serve as Securities Depository and authenticate
and deliver certificated Bonds to the new Securities
Depository or its nominee, or authenticate and deliver
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certificated Bonds to the beneficial owners or to the
Securities Depository participants on behalf of beneficial
owners substantially in the form provided for in Section 5;
provided, however, that such form shall provide for interest
on the Bonds to be payable (X) from the date of the Bonds if
they are authenticated prior to the first interest payment
date or (Y) otherwise from the interest payment date that is
or immediately precedes the date on which the Bonds are
authenticated (unless payment of interest thereon is in
default, in which case interest on such Bonds shall be
payable from the date to which interest has been paid). In
delivering certificated Bonds, the Deputy County
Administrator for Finance and Administration or Director of
Budget and Management, either of whom may act, shall be
entitled to rely on the records of the Securities Depository
as to the beneficial owners or the records of the Securities
Depository participants acting on behalf of beneficial
owners. Such certificated Bonds will then be registrable,
transferable and exchangeable as set forth in Section 7.
(e) So long as there is a Securities Depository
for the Bonds, (i) it or its nominee shall be the registered
owner of the Bonds, (ii) notwithstanding anything to the
contrary in this Resolution, determinations of persons
entitled to payment of principal, premium, if any, and
interest, transfers of ownership and exchanges and receipt of
notices shall be the responsibility of the Securities
Depository and shall be effected pursuant to rules and
procedures established by such Securities Depository, (iii)
the Registrar and the County shall not be responsible or
liable for maintaining, supervising or reviewing the records
maintained by the Securities Depository, its participants or
persons acting through such participants, (iv) references in
this Resolution to registered owners of the Bonds shall mean
such Securities Depository or its nominee and shall not mean
the beneficial owners of the Bonds and (v) in the event of
any inconsistency between the provisions of this Resolution
and the provisions of the above-referenced Letter of
Representations such provisions of the Letter of
Representations, except to the extent set forth in this
paragraph and Subsection 2(d), shall control.
3. Redemption Provisions.
(a) Subject to the limitations contained herein,
the County Administrator is authorized to determine the
redemption provisions of the Bonds, including provisions for
optional, extraordinary and mandatory sinking fund
redemption.
(b) The Bonds may be subject to redemption prior
to maturity at the option of the County at any time on or
after the dates, if any, determined by the County
Administrator, in whole or in part, at redemption price(s)
that the County Administrator determines to be in the best
interests of the County based on financial market conditions,
together with any interest accrued to the date fixed for
redemption. Such redemption price terms may include
traditional redemption prices not to exceed 102% of the
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principal amount to be redeemed as well as “make whole”
redemption prices.
(c) Any Bonds sold as term bonds may be subject to
mandatory sinking fund redemption upon terms determined by
the County Administrator.
(d) If less than all of the Bonds are called for
redemption, the maturities of the Bonds to be redeemed shall
be selected by the Deputy County Administrator for Finance
and Administration or Director of Budget and Management,
either of whom may act, in such manner as such officer may
determine to be in the best interests of the County. If less
than all of the Bonds of a particular maturity are called for
redemption, the Bonds (or portions thereof) within such
maturity to be redeemed shall be selected by the Securities
Depository pursuant to its rules and procedures or, if the
book-entry system is discontinued, shall be selected by the
Registrar by lot in such manner as the Registrar in its
discretion may determine. In either case, (i) the portion of
any Bond to be redeemed shall be in the principal amount of
$5,000 or some integral multiple thereof and (ii) in
selecting Bonds for redemption, each Bond shall be considered
as representing that number of Bonds that is obtained by
dividing the principal amount of such Bond by $5,000. The
County shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to
be sent by facsimile or electronic transmission, registered
or certified mail or overnight express delivery, not less
than 30 nor more than 60 days prior to the date fixed for
redemption, to the registered owner(s) of the Bonds. The
County shall not be responsible for giving notice of
redemption to anyone other than DTC or another qualified
securities depository then serving or its nominee unless no
qualified securities depository is the registered owner(s) of
the Bonds. If no qualified securities depository is the
registered owner of the Bonds, notice of redemption shall be
mailed to the registered owners of the Bonds. If a portion
of a Bond is called for redemption, a new Bond in principal
amount equal to the unredeemed portion thereof will be issued
to the registered owner upon the surrender thereof.
(e) In the case of an optional redemption, the
notice may state that (i) it is conditioned upon the deposit
of moneys, in an amount equal to the amount necessary to
effect the redemption, no later than the date fixed for
redemption or (ii) the County retains the right to rescind
such notice on or prior to the date fixed for redemption (in
either case, a “Conditional Redemption”), and such notice and
optional redemption shall be of no effect if such moneys are
not so deposited or if the notice is rescinded as described
herein. Any Conditional Redemption may be rescinded at any
time. The County shall give prompt notice of such rescission
to the affected bondholders. Any Bonds subject to
Conditional Redemption where redemption has been rescinded
shall remain outstanding, and the rescission shall not
constitute an event of default. Further, in the case of a
Conditional Redemption, the failure of the County to make
funds available on or before the date fixed for redemption
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shall not constitute an event of default, and the County
shall give immediate notice to all organizations registered
with the Securities and Exchange Commission (the “SEC”) as
securities depositories or the affected bondholders that the
redemption did not occur and that the Bonds called for
redemption and not so paid remain outstanding.
4. Execution and Authentication. The Bonds shall be
signed by the manual or facsimile signature of the Chair or
Vice Chair of the Board, and the Board’s seal shall be
affixed thereto, or a facsimile thereof printed thereon, and
shall be attested by the manual or facsimile signature of the
Clerk or Deputy Clerk of the Board; provided, however, that
no Bond signed by facsimile signatures shall be valid until
it has been authenticated by the manual signature of the
Registrar or, if a bank has been appointed registrar pursuant
to Section 7, an authorized officer or employee of the
Registrar and the date of authentication noted thereon.
5. Bond Form. The Bonds shall be in substantially the
form of Exhibit A attached hereto, with such completions,
omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the officers signing the
Bonds, whose approval shall be evidenced conclusively by the
execution and delivery of the Bonds.
6. Pledge of Full Faith and Credit. The full faith
and credit of the County are irrevocably pledged for the
payment of principal of and premium, if any, and interest on
the Bonds. Unless other funds are lawfully available and
appropriated for timely payment of the Bonds, the Board shall
levy and collect an annual ad valorem tax, over and above all
other taxes authorized or limited by law and without
limitation as to rate or amount, on all locally taxable
property in the County sufficient to pay when due the
principal of and premium, if any, and interest on the Bonds.
7. Registration, Transfer and Owners of Bonds.
(a) The County Treasurer is hereby appointed
paying agent and registrar for the Bonds (the “Registrar”).
The County Administrator is authorized, on behalf of the
County, to appoint a qualified bank or trust company as
successor paying agent and registrar for the Bonds if at any
time the County Administrator determines such appointment to
be in the best interests of the County. The Registrar shall
maintain registration books for the registration of the Bonds
and transfers thereof. Upon presentation and surrender of
any Bonds to the Registrar, or its corporate trust office if
the Registrar is a bank or trust company, together with an
assignment duly executed by the registered owner or the
owner’s duly authorized attorney or legal representative in
such form as shall be satisfactory to the Registrar, the
County shall execute, and the Registrar shall authenticate,
if required by Section 4, and deliver in exchange, a new Bond
or Bonds having an equal aggregate principal amount, in
authorized denominations, of the same form and maturity,
bearing interest at the same rate, and registered in the
name(s) as requested by the then registered owner or the
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owner’s duly authorized attorney or legal representative.
Any such exchange shall be at the expense of the County,
except that the Registrar may charge the person requesting
such exchange the amount of any tax or other governmental
charge required to be paid with respect thereto.
(b) The Registrar shall treat the registered owner
as the person exclusively entitled to payment of principal,
premium, if any, and interest and the exercise of all other
rights and powers of the owner, except that interest payments
shall be made to the person shown as owner on the
registration books on the applicable Record Date.
8. Sale of Bonds. The Board approves the following
terms of the sale of the Bonds:
(a) The Bonds shall be sold through a competitive
sale or a negotiated sale, as the County Administrator, in
collaboration with the Financial Advisor, determines to be in
the best interests of the County.
(b) If the County Administrator determines that
the Bonds shall be sold by competitive sale, the County
Administrator is authorized to receive bids for such Bonds
and award such Bonds to the bidder(s) providing the lowest
“true” or “Canadian” interest cost, subject to the
limitations set forth in Sections 1 and 2. Following a
competitive sale, the County Administrator shall file a
certificate with the Clerk of the Board setting forth the
final terms of the Bonds. The actions of the County
Administrator in selling the Bonds by competitive sale shall
be conclusive, and no further action with respect to the sale
and issuance of the Bonds shall be necessary on the part of
the Board.
(c) If the Bonds are sold by competitive sale, the
County Administrator, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps
to advertise the Bonds for sale in accordance with the terms
and conditions as shall be provided in the notice of sale
relating to the Bonds. The County Administrator is further
authorized to cause to be prepared and disseminated a notice
of sale of the Bonds in such form and containing such terms
and conditions as the County Administrator may deem
advisable, subject to the provisions of this Resolution.
(d) If the County Administrator determines that
the Bonds shall be sold by negotiated sale, the County
Administrator is authorized, in collaboration with the
Financial Advisor, to choose one or more investment banks or
firms to serve as underwriter(s) for the Bonds and to execute
and deliver to the underwriter(s) a bond purchase agreement
(the “Bond Purchase Agreement”) in a form to be approved by
the County Administrator in consultation with the County
Attorney and the County’s bond counsel. The execution of the
Bond Purchase Agreement by the County Administrator shall
constitute conclusive evidence of his approval thereof.
Following a negotiated sale, the County Administrator shall
file a copy of the Bond Purchase Agreement with the records
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of the Board. The actions of the County Administrator in
selling the Bonds by negotiated sale to the underwriter(s)
shall be conclusive, and no further action with respect to
the sale and issuance of the Bonds shall be necessary on the
part of the Board.
9. Approval of Preparation and Execution of Official
Statement.
(a) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare and distribute, or cause to be
prepared and distributed, to prospective purchasers of the
Bonds a Preliminary Official Statement (the “Preliminary
Official Statement”) describing the Bonds and the County in a
form consistent with the provisions of this Resolution. All
actions taken by the County Administrator and such other
officials and employees of the County with respect to the
preparation and distribution of the Preliminary Official
Statement are hereby ratified and confirmed.
(b) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare, or cause to be prepared, a final
Official Statement (the “Official Statement”), which shall be
in substantially the form of the Preliminary Official
Statement with such completions, omissions, insertions and
changes as are necessary to complete the Official Statement
and deem it final for purposes of Rule 15c-12 (the “Rule”) of
the SEC.
(c) The County Administrator is hereby authorized
and directed to execute and deliver to the underwriter(s) of
the Bonds the final Official Statement. The County shall
arrange for the delivery to the underwriter(s) of the Bonds
of a reasonable number of printed copies of the final
Official Statement, within seven business days after the
Bonds have been sold, for delivery to each potential investor
requesting a copy of the Official Statement and to each
person to whom the underwriter(s) initially sells Bonds.
10. Official Statement. The draft Preliminary Official
Statement describing the Bonds, copies of which have been
made available to the Board prior to this meeting, is hereby
approved as the form of the Preliminary Official Statement by
which the Bonds may be offered for sale to the public;
provided that the County Administrator, in collaboration with
the Financial Advisor, may make such completions, omissions,
insertions and changes in the Preliminary Official Statement
not inconsistent with this Resolution as the County
Administrator may consider to be in the best interests of the
County. After the Bonds have been sold, the County
Administrator, in collaboration with the Financial Advisor,
shall make such completions, omissions, insertions and
changes in the Preliminary Official Statement not
inconsistent with this Resolution as are necessary or
desirable to complete it as a final Official Statement. In
addition, the County shall arrange for the delivery to the
underwriter(s) of the Bonds of a reasonable number of printed
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copies of the final Official Statement, within seven business
days after the Bonds have been sold, for delivery to each
potential investor requesting a copy of the Official
Statement and to each person to whom the underwriter(s)
initially sells Bonds.
11. Official Statement Deemed Final. The County
Administrator is authorized, on behalf of the County, to deem
the Preliminary Official Statement and the Official Statement
in final form, each to be final as of its date within the
meaning of the Rule, except for the omission from the
Preliminary Official Statement of certain pricing and other
information permitted to be omitted pursuant to the Rule.
The distribution of the Preliminary Official Statement and
the execution and delivery of the Official Statement in final
form shall be conclusive evidence that each has been deemed
final as of its date by the County, except for the omission
in the Preliminary Official Statement of such pricing and
other information permitted to be omitted pursuant to the
Rule.
12. Preparation and Delivery of Bonds. After the Bonds
have been awarded, the Chair or Vice Chair and the Clerk or
Deputy Clerk of the Board are authorized and directed to take
all proper steps to have the Bonds prepared and executed in
accordance with their terms and to deliver the Bonds to the
underwriter(s) thereof upon payment therefor.
13. Arbitrage Covenants. The County covenants that it
shall not take or omit to take any action the taking or
omission of which will cause any of the Bonds to be
“arbitrage bonds” (within the meaning of Section 148 of the
Internal Revenue Code of 1986, as amended, and regulations
issued pursuant thereto (the “Code”)), or otherwise cause
interest on any of the Bonds to be includable in the gross
income for federal income tax purposes of the registered
owners thereof under existing law. Without limiting the
generality of the foregoing, the County shall comply with any
provision of law that may require the County at any time to
rebate to the United States any part of the earnings derived
from the investment of the gross proceeds of the Bonds,
unless the County receives an opinion of nationally
recognized bond counsel that such compliance is not required
to prevent interest on any of the Bonds from being includable
in the gross income for federal income tax purposes of the
registered owners thereof under existing law. The County
shall pay any such required rebate from its legally available
funds.
14. Non-Arbitrage Certificate and Elections. Such
officers of the County as may be requested by the County’s
bond counsel are authorized and directed to execute an
appropriate certificate setting forth (a) the expected uses
and investment of the proceeds of the Bonds in order to show
that such expected uses and investment will not violate the
provisions of Section 148 of the Code and (b) any elections
such officers deem desirable regarding rebate of earnings to
the United States for purposes of complying with Section 148
of the Code. Such certificate shall be prepared in
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consultation with the County’s bond counsel, and such
elections shall be made after consultation with bond counsel.
15. Limitation on Private Use. The County covenants
that it shall not permit the proceeds of the Bonds or the
facilities financed therewith to be used in any manner that
would result in (a) 5% or more of such proceeds or facilities
being used in a trade or business carried on by any person
other than a governmental unit, as provided in Section 141(b)
of the Code, (b) 5% or more of such proceeds or facilities
being used with respect to any output facility (other than a
facility for the furnishing of water), within the meaning of
Section 141(b)(4) of the Code, or (c) 5% or more of such
proceeds being used directly or indirectly to make or finance
loans to any persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however,
that if the County receives an opinion of nationally
recognized bond counsel that any such covenants need not be
complied with to prevent the interest on any of the Bonds
from being includable in the gross income for federal income
tax purposes of the registered owners thereof under existing
law, the County need not comply with such covenants.
16. Continuing Disclosure Agreement. The Chair or Vice
Chair of the Board or the County Administrator, any of whom
may act, are hereby authorized and directed to execute a
continuing disclosure agreement (the “Continuing Disclosure
Agreement”) setting forth the reports and notices to be filed
by the County and containing such covenants as may be
necessary to assist the underwriter(s) of the Bonds in
complying with the provisions of the Rule promulgated by the
SEC. The Continuing Disclosure Agreement shall be
substantially in the form of the County’s prior continuing
disclosure agreements, which is hereby approved for purposes
of the Bonds; provided that the County Administrator, in
collaboration with the Financial Advisor, may make such
changes in the Continuing Disclosure Agreement not
inconsistent with this Resolution as the County Administrator
may determine to be in the best interests of the County. The
execution thereof by such officers shall constitute
conclusive evidence of their approval of any such
completions, omissions, insertions and changes.
17. Deposit of Bond Proceeds. The County Treasurer is
hereby authorized and directed to provide for delivery of the
proceeds of the Bonds to or at the direction of the County in
such manner as necessary to pay costs of the Projects and
related costs of issuance.
18. SNAP Investment Authorization. The Board has
previously received and reviewed the Information Statement
describing the State Non-Arbitrage Program of the
Commonwealth of Virginia (“SNAP”) and the Contract Creating
the State Non-Arbitrage Program Pool (the “Contract”), and
the Board hereby authorizes the County Treasurer in her
discretion to use SNAP in connection with the investment of
the proceeds of the Bonds. The Board acknowledges that the
Treasury Board of the Commonwealth of Virginia is not, and
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shall not be, in any way liable to the County in connection
with SNAP, except as otherwise provided in the Contract.
19. Reimbursement of Expenditures. The County intends
that the proceeds of the Bonds may be used to reimburse
expenditures for the Projects made prior to the date hereof.
As such, the County intends that the adoption of this
Resolution confirms the “official intent” within the meaning
of Treasury Regulations Section 1.150-2 promulgated under the
Code.
20. Other Actions. All other actions of officers of
the County and the Board in conformity with the purposes and
intent of this Resolution and in furtherance of the issuance
and sale of the Bonds and the financing of the Projects are
hereby ratified, approved and confirmed. The officers of the
County are hereby authorized and directed to execute and
deliver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in
connection with the issuance, sale and delivery of the Bonds
and the financing of the Projects.
21. Repeal of Conflicting Resolutions. All resolutions
or parts of resolutions in conflict herewith are repealed.
22. Effective Date. This Resolution shall take effect
immediately.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.1.e. RESOLUTION RELATING TO THE ISSUANCE OF UP TO $350,000,000 OF TRANSPORTATION REVENUE BONDS AS OUTLINED IN THE FY2025 BUDGET
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
adopted the following resolution:
RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF
THE COUNTY OF CHESTERFIELD APPROVING A PLAN TO
FINANCE LOCAL MOBILITY IMPROVEMENTS THROUGH THE
ISSUANCE OF REVENUE BONDS IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $350,000,000
WHEREAS, the Economic Development Authority of the County
of Chesterfield (the “Authority”), pursuant to the Industrial
Development and Revenue Bond Act, Chapter 49, Title 15.2,
Code of Virginia of 1950, as amended (the “IDA Act”), under
which it was created, is authorized to exercise all the
powers set forth in the IDA Act, which include, among other
things, the power to make loans to, among others, a county in
furtherance of the purposes of the IDA Act, to finance or
refinance facilities for use by, among others, a county, to
issue its revenue bonds, notes and other obligations from
time to time for such purposes and to pledge all or any part
of its revenues and receipts derived from payments received
by the Authority in connection with its loans or from any
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other source, as security for the payment of the principal of
and premium, if any, and interest on any such obligations;
WHEREAS, pursuant to Chapter 37, Title 33.2, Code of
Virginia of 1950, as amended (the “CVTA Act”), the County of
Chesterfield, Virginia (the “County”), is entitled to receive
its allocable share of certain motor fuels and sales and use
tax revenues collected by the Commonwealth and returned to
the County through the Central Virginia Transportation
Authority (the “Mobility Improvement Revenues”);
WHEREAS, the CVTA Act provides that any Mobility
Improvement Revenues returned to the County must be deposited
to a separate, special fund (the “County Mobility
Improvements Fund”) and used to improve local mobility, which
may include construction, maintenance or expansion of roads,
sidewalks, trails, mobility services or transit located in
the County;
WHEREAS, the Board of Supervisors of the County (the “Board
of Supervisors”) desires to undertake, in conjunction with
the Authority, the financing of the acquisition, construction
and equipping of various local mobility improvements,
including but not limited to (a) Powhite Parkway Extension
Phase I and II, (b) Upper Magnolia Access Improvements, (c)
Center Pointe Parkway Extension, (d) Woolridge Road (Route
360 – Old Hundred Road) Extension, (e) Woolridge Road (Lacoc
Road – Genito Road) Widening, (f) Nash Road (Beach Road –
Route 10) Extension and (g) Otterdale Road/Swift Creek
Crossing Drainage Improvements (collectively, the “2024
Project”);
WHEREAS, on May 15, 2024, the Board of Supervisors adopted
a resolution requesting the Authority issue a series of
revenue bonds (as hereinafter described, the “Bonds”) and
loan the proceeds thereof to the County to finance the 2024
Project and to the related costs of issuance;
WHEREAS, the Bonds will be secured by payments appropriated
from time to time by the Board of Supervisors and payable to
the Authority in accordance with the terms of the Financing
Agreement (as hereinafter defined);
WHEREAS, the Board of Supervisors has stated its intention
to appropriate amounts on deposit in the County Mobility
Improvements Fund for the purpose of satisfying the County’s
undertakings to make payments due under the Financing
Agreement, provided that (a) the Board of Supervisors will
not be obligated to appropriate any amounts from the County
Mobility Improvements Fund for such purpose and (b) no
amounts on deposit therein will be pledged to the payment of
the Bonds;
WHEREAS, the County administration has recommended that
Hunton Andrews Kurth LLP, Richmond, Virginia, be approved as
bond counsel; and
WHEREAS, there have been circulated prior to this meeting
drafts of the following documents (collectively, the
“Documents”) proposed to be executed in connection with the
issuance and sale of the Bonds:
(a) An Agreement of Trust and a First Supplemental
Agreement of Trust (together, the “Trust
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Agreement”), each between the Authority and U.S.
Bank Trust Company, National Association, as
trustee (the “Trustee”), pursuant to which the
Bonds are to be issued;
(b) A Financing Agreement (the “Financing Agreement”),
between the Authority and the County, pursuant to
which the Authority will loan the proceeds of the
Bonds to the County and the County will undertake,
subject to appropriation, to make payments to the
Authority in amounts sufficient to pay the
principal of and premium, if any, and interest on
the Bonds and certain other related costs; and
(c) A Preliminary Official Statement of the Authority
relating to the public offering of the Bonds (the
“Preliminary Official Statement”);
NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE COUNTY OF CHESTERFIELD:
1. The Authority hereby finds that the undertaking of
the 2024 Project will be in the best interests of the County
and its citizens and hereby authorizes the Authority, in
collaboration with the County, to undertake the following
plan of finance to accomplish the same. The Authority will
issue the Bonds in an aggregate principal amount not to
exceed $350,000,000. The Authority will loan the proceeds of
the Bonds to the County to finance the 2024 Project and to
pay the related costs of issuance. Pursuant to the Financing
Agreement, the County will undertake to make certain Basic
Payments and Additional Payments (each as defined in the
Financing Agreement) to the Authority in amounts sufficient
to amortize the Bonds, to pay the fees or expenses of the
Authority and the Trustee and to pay certain other related
costs. The obligation of the Authority to pay principal of
and premium, if any, and interest on the Bonds will be
limited to the Basic Payments and certain Additional Payments
received from the County. The Bonds will be secured by an
assignment of the Basic Payments and certain Additional
Payments due under the Financing Agreement, all for the
benefit of the holders of the Bonds. The undertaking by the
County to make Basic Payments and Additional Payments will be
subject to the appropriation by the Board of Supervisors from
time to time of sufficient amounts for such purposes. The
plan of finance for the 2024 Project shall contain such
additional requirements and provisions as may be approved by
the County Administrator (such term as used herein to include
the County Administrator and the Deputy County Administrator
for Finance and Administration) and the Chair or Vice-Chair
of the Authority.
2. The Bonds shall be designated “Revenue Bonds
(County Mobility Projects), Series 2024” or such other
designation as the County Administrator may determine.
Subject to Section 3, the Authority hereby authorizes the
issuance of the Bonds pursuant to the Trust Agreement,
provided that (a) the principal amount shall not exceed
$350,000,000, (b) the “true” or “Canadian” interest cost of
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the Bonds shall not exceed 6.00% (taking into account any
original issue discount or premium), (c) the Bonds shall
mature or be subject to mandatory sinking fund redemption in
annual installments ending no later than December 31, 2054,
(d) the Bonds shall be sold to the underwriter(s) thereof at
a price not less than 95% of the aggregate principal amount
thereof (without taking into account any original issue
discount or premium), and (e) the Bonds shall be subject to
optional redemption, if at all, at a premium not to exceed
2.00% of the principal amount thereof. The Chair and Vice-
Chair of the Authority, either of whom may act, are also
authorized to approve, in collaboration with the County
Administrator, a lesser principal amount for the Bonds, a
maturity schedule (including serial maturities and term
maturities for the Bonds) and the redemption provisions of
the Bonds, all as such officer shall determine to be in the
best interests of the Authority and the County.
3. The Authority approves the following terms of the
sale of the Bonds:
(a) The Bonds shall be sold through a competitive
sale or a negotiated sale, as requested by the County
Administrator.
(b) If the County Administrator determines that
the Bonds shall be sold by competitive sale, the County
Administrator is authorized, on behalf of the Authority
and in collaboration with Davenport & Company LLC, the
County’s financial advisor (the “Financial Advisor”), to
take all proper steps to advertise the Bonds for sale,
to receive public bids for the Bonds and to award the
Bonds to the bidder(s) providing the lowest “true” or
“Canadian” interest cost, subject to the limitations set
forth in Section 2. Following a competitive sale, the
County Administrator shall file a certificate with the
Authority and the Board of Supervisors setting forth the
final terms of the Bonds. The actions of the County
Administrator in selling the Bonds by competitive sale
shall be conclusive, and no further action with respect
to the sale and issuance of the Bonds shall be necessary
on the part of the Authority.
(c) If the County Administrator determines that
the Bonds shall be sold by negotiated sale, the County
Administrator is authorized, on behalf of the Authority
and in collaboration with the Financial Advisor, to
choose one or more investment banks or firms to serve as
underwriter(s) for the Bonds and to execute and deliver
to the underwriter(s) a bond purchase agreement (the
“Bond Purchase Agreement”) in the form approved by the
County Administrator and the County Attorney, in
consultation with the County’s bond counsel and the
Financial Advisor. The Chair and Vice-Chair of the
Authority, either of whom may act, are authorized to
execute and deliver the final Bond Purchase Agreement
reflecting such final pricing terms and other
completions, omissions, insertions and changes as such
officers shall agree to make. No further action with
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respect to the sale and issuance of the Bonds shall be
necessary on the part of the Authority.
4. The Chair and Vice-Chair of the Authority, either
of whom may act, are hereby authorized and directed to
execute the Documents (excluding the Preliminary Official
Statement), which shall be in substantially the forms
circulated prior to this meeting. Such forms of the
Documents are hereby approved, with such completions,
omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the officer executing such
Documents, whose execution and delivery thereof shall
constitute conclusive evidence of such officer’s approval of
any such completions, omissions, insertions and changes.
5. The Authority authorizes distribution of the
Preliminary Official Statement to prospective purchasers of
the Bonds in a form deemed to be “final” (within the meaning
of Rule 15c2-12 of the Securities and Exchange Commission
(the “Rule”)) as of its date, except for the omission of
certain pricing and other information permitted to be omitted
pursuant to the Rule and with such completions, omissions,
insertions and changes not inconsistent with this Resolution
as may be approved by the Chair or Vice-Chair of the
Authority, in collaboration with the County and the Financial
Advisor. Such distribution shall constitute conclusive
evidence of the approval of the Chair or Vice-Chair as to any
such completions, omissions, insertions and changes and that
the Authority has deemed the Preliminary Official Statement
to be “final” (within the meaning of the Rule) as of its
date.
6. The Chair and Vice-Chair of the Authority, either
of whom may act, are hereby authorized and directed to
approve such completions, omissions, insertions and other
changes to the Preliminary Official Statement as are
necessary to reflect the terms of the sale of the Bonds and
the details thereof and as are appropriate to complete it as
an official statement in final form (the “Official
Statement”) and to execute and deliver the Official Statement
when the same has been approved by the County. The County
Administrator is hereby authorized on behalf of the Authority
to distribute the Official Statement to the underwriter(s) of
the Bonds. Execution of the Official Statement by the Chair
or Vice-Chair shall constitute conclusive evidence of such
officer’s approval of any such completions, omissions,
insertions and changes and that the Official Statement has
been deemed “final” by the Authority as of its date within
the meaning of the Rule.
7. The Chair and Vice-Chair of the Authority, either
of whom may act, are hereby authorized and directed to
execute the Bonds by manual or facsimile signature, the
Secretary and Assistant Secretary, either of whom may act,
are hereby authorized and directed to affix the seal of the
Authority to or print a facsimile thereof on the Bonds and to
attest the same by manual or facsimile signature, and the
officers of the Authority are hereby authorized and directed
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to deliver the Bonds to the Trustee for authentication and
delivery to the underwriter(s) thereof upon payment therefor.
8. All costs and expenses incurred in connection with
the financing of the 2024 Project and the issuance of the
Bonds, including the Authority’s fees and expenses and the
fees and expenses of bond counsel, counsel for the Authority
and the Financial Advisor for the sale of the Bonds, shall be
paid from the proceeds of the Bonds or other legally
available funds of the County. If for any reason the Bonds
are not issued, it is understood that all such fees and
expenses shall be paid by the County from its legally
available funds and that the Authority shall have no
responsibility therefor.
9. The officers of the Authority are hereby authorized
and directed to execute, deliver and file all certificates
and documents and to take all such further action as they may
consider necessary or desirable in connection with the
issuance and sale of the Bonds, including without limitation
(a) executing and delivering a certificate setting forth the
expected use and investment of the proceeds of the Bonds to
show that such expected use and investment will not violate
the provisions of Section 148 of the Internal Revenue Code of
1986, as amended, and regulations thereunder, applicable to
“arbitrage bonds,” (b) making any elections, at the request
of the County, that such officers deem desirable regarding
any provision requiring rebate to the United States of
“arbitrage profits” earned on investment of proceeds of the
Bonds, (c) providing for the County to pay any such rebate
amount and (d) filing Internal Revenue Service Form 8038-G.
The foregoing shall be subject to the advice, approval and
direction of bond counsel.
10. The Authority consents to the recommendation by the
County that Hunton Andrews Kurth LLP serve as bond counsel
for the issuance and sale of the Bonds.
11. Any authorization herein to execute a document
shall include authorization to deliver it to the other
parties thereto.
12. All other acts of the officers of the Authority
that are in conformity with the purposes and intent of this
Resolution and in furtherance of the issuance and sale of the
Bonds and the financing of the 2024 Project are hereby
approved and ratified.
13. This Resolution shall take effect immediately.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.2. REAL PROPERTY REQUESTS 14.C.2.a. ACCEPTANCE OF PARCELS OF LAND
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14.C.2.a.1. ACCEPTANCE OF A PARCEL OF LAND ADJOINING THE SOUTH RIGHT OF WAY LINE OF GENITO ROAD FROM WINDSWEPT DEVELOPMENT, LLC
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted the conveyance of a parcel of land containing 0.314
acres adjoining the south right of way line of Genito Road,
State Route 604 from Windswept Development, LLC and
authorized the County Administrator to execute the deed.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.2.b. REQUESTS FOR PERMISSION 14.C.2.b.1. REQUEST PERMISSION TO ALLOW A PROPOSED PRIVATE SEWER LATERAL WITHIN A PROPOSED PRIVATE SEWER EASEMENT TO SERVE THE PROPERTY AT 8112 WINTERPOCK ROAD
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
granted permission to allow a proposed private sewer lateral
within a proposed private sewer easement to serve property at
8112 Winterpock Road and authorized the County Administrator
to execute the sewer connection agreement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.2.c. REQUESTS TO QUITCLAIM 14.C.2.c.1. REQUEST TO QUITCLAIM PORTIONS OF A WATER, SEWER AND DRAINAGE EASEMENT ACROSS THE PROPERTIES OWNED BY STANLEY MARTIN HOMES, LLC
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to quitclaim
portions of a water, sewer and drainage easement across the
properties owned by Stanley Martin Homes, LLC.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.3. ACCEPTANCE OF STATE ROADS
On motion of Dr. Miller, seconded by Mr. Ingle, the
Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
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Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Newmarket Section 9 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Lisden Terrace, State Route Number 8562
From: Cedarville Drive, (Route 8416)
To: The cul-de-sac, a distance of 0.04 miles
Recordation Reference: Plat Book 273, Page 96
Right of Way width (feet) = 50
• Lilybank Place, State Route Number 8563
From: Cedarville Drive, (Route 8416)
To: The cul-de-sac, a distance of 0.04 miles
Recordation Reference: Plat Book 273, Page 96
Right of Way width (feet) = 50
• Lilybank Court, State Route Number 8564
From: Cedarville Drive, (Route 8416)
To: The cul-de-sac, a distance of 0.05 miles
Recordation Reference: Plat Book 273, Page 96
Right of Way width (feet) = 50
• Willowvale Place, State Route Number 8565
From: Willowvale Drive, (Route 8412)
To: The cul-de-sac, a distance of 0.04 miles
Recordation Reference: Plat Book 273, Page 96
Right of Way width (feet) = 50
And, further, the Board adopted the following resolution:
WHEREAS, the street described below is shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
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Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Newmarket Section 7 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• West Millington Drive, State Route Number 8350
From: 0.15 miles west of Sultree Drive, (Route 8095)
To: The cul-de-sac, a distance of 0.17 miles
Recordation Reference: Plat Book 291, Page 5
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Newmarket Section 4
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Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Carindale Drive, State Route Number 7975
From: 0.03 miles north of Amethyst Drive, (Route 7972)
To: Carindale Terrace, (Route 8487), a distance of 0.02
miles
Recordation Reference: Plat Book 265, Page 6
Right of Way width (feet) = 40
• Carindale Drive, State Route Number 7975
From: Carindale Terrace, (Route 8487)
To: The cul-de-sac, a distance of 0.03 miles
Recordation Reference: Plat Book 265, Page 6
Right of Way width (feet) = 40
• Avada Drive, State Route Number 7976
From: Avada Terrace, (Route 8486)
To: 0.03 miles northeast of Amethyst Drive, (Route
7972), a distance of 0.03 miles
Recordation Reference: Plat Book 265, Page 6
Right of Way width (feet) = 40
• Avada Terrace, State Route Number 8486
From: Avada Drive, (Route 7976)
To: The cul-de-sac, a distance of 0.04 miles
Recordation Reference: Plat Book 265, Page 6
Right of Way width (feet) = 40
• Avada Terrace, State Route Number 8486
From: Avada Drive, (Route 7976)
To: The cul-de-sac, a distance of 0.08 miles
Recordation Reference: Plat Book 265, Page 6
Right of Way width (feet) = 40
• Carindale Terrace, State Route Number 8487
From: Carindale Drive, (Route 7975)
To: The cul-de-sac, a distance of 0.12 miles
Recordation Reference: Plat Book 265, Page 6
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
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described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Foxfield Section 5 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Swift Fox Place, State Route Number 8566
From: Swift Fox Drive, (Route 7288)
To: The cul-de-sac, a distance of 0.14 miles
Recordation Reference: Plat Book 297, Page 29
Right of Way width (feet) = 40
• Swift Fox Court, State Route Number 8567
From: Swift Fox Drive, (Route 7288)
To: The cul-de-sac, a distance of 0.05 miles
Recordation Reference: Plat Book 297, Page 29
Right of Way width (feet) = 40
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on a plat
recorded in the Clerk’s Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia,
and the Department’s Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Kingsland Park Section Two
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Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334
Street Name and/or Route Number
• Kingsland Park Drive, State Route Number 8444
From: Kingsland Park Terrace, (Route 8561)
To: Pleasant Ridge Road, (Route 4004), a distance of
0.06 miles
Recordation Reference: Plat Book 300, Page 6
Right of Way width (feet) = 50
• Kingsland Park Drive, State Route Number 8444
From: Nakoda Terrace, (Route 8559)
To: Kingsland Park Terrace, (Route 8561), a distance of
0.06 miles
Recordation Reference: Plat Book 300, Page 6
Right of Way width (feet) = 50
• Kingsland Park Drive, State Route Number 8444
From: 0.27 miles southwest of Chayton Lane, (Route
8445)
To: Nakoda Terrace, (Route 8559), a distance of 0.02
miles
Recordation Reference: Plat Book 300, Page 6
Right of Way width (feet) = 50
• Nakoda Terrace, State Route Number 8559
From: Kingsland Park Drive, (Route 8444)
To: The cul-de-sac, a distance of 0.07 miles
Recordation Reference: Plat Book 300, Page 6
Right of Way width (feet) = 50
• Kingsland Park Court, State Route Number 8560 From: Kingsland Park Drive, (Route 8444) To: The cul-de-sac, a distance of 0.08 miles Recordation Reference: Plat Book 300, Page 6 Right of Way width (feet) = 50
• Kingsland Park Terrace, State Route Number 8561 From: Kingsland Park Drive, (Route 8444) To: The cul-de-sac, a distance of 0.19 miles Recordation Reference: Plat Book 300, Page 6 Right of Way width (feet) = 50 Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None.
14.C.4. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE EVERGREEN PARKWAY (SUGAR CREEK WAY TO LUCKS LANE) PHASE B SIDEWALK PROJECT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Director of Procurement to award a
construction contract to Dickerson Construction, LLC in the
amount of $962,394.98 and to execute all necessary change
orders up to the full amount budgeted for the Evergreen
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Parkway (Sugar Creek Way to Lucks Lane) Phase B Sidewalk
Project.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.5. LEASE AMENDMENT FOR OFFICE SPACE FOR THE CHESTERFIELD/COLONIAL HEIGHTS TREATMENT COURT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the County Administrator to execute a lease
amendment for additional office space for the
Chesterfield/Colonial Heights Treatment Court.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.6. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED WITH TRANSPORTATION PROJECTS
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
took the following actions:
1. Appropriated $54,991 in anticipated VDRPT reimbursements,
and transferred $25,878 from the General Road Improvement
Account for the Route 1 Bus Stops amenities project;
2. Authorized the County Administrator to enter into the
customary agreement/contracts, permits/mitigation agreements
and surety agreements, acceptable to the County Attorney;
3. Authorized the County Administrator to proceed with the
design and right-of-way acquisition, including advertisement
of eminent domain public hearings, if necessary, and to
accept the conveyance of right-of-way and easements that are
acquired;
4. Authorized the Chair of the Board of Supervisors and
County Administrator to execute easement agreements for
relocation of utilities; and
5. Authorized the Procurement Director to proceed with the
advertisements for construction contracts.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.7. ACCEPTANCE OF LEARNING ACCELERATION GRANT (LAG 2.0)
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
accepted and appropriated $600,000 in funding via a Learning
Acceleration Grant from the Virginia Department of Education
to Chesterfield County Public Schools.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.8. AWARD OF CONSTRUCTION CONTRACT 14.C.8.a. FOR ENON ELEVATED WATER STORAGE TANK WATER MAIN PROJECT
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On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Director of Procurement to award the
construction contract to Metra Industries in the amount of
$4,173,110 and execute all necessary change orders up to the
full amount budgeted for the Enon Elevated Water Storage Tank
Water Main Project.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.8.b. FOR ENON ELEVATED WATER STORAGE TANK
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Director of Procurement to award the
construction contract to Landmark Structures I LP in the
amount of $9,370,000 and executed all necessary change orders
up to the full amount budgeted for the Enon Elevated Water
Storage Tank Project.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.8.c. FOR ALLERTON STREET WATERLINE IMPROVEMENTS PROJECT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board
authorized the Director of Procurement to award the
construction contract to Southern Construction Utilities Inc.
in the amount of $1,453,888.25 and executed all necessary
change orders up to the full amount budgeted for the Allerton
Street Waterline Improvements Project.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.9. SET PUBLIC HEARING 14.C.9.a. TO CONSIDER AN AMENDMENT TO LEASE OF COUNTY PROPERTY AT THE CHESTERFIELD COUNTY AIRPORT
On motion of Dr. Miller, seconded by Mr. Ingle, the Board set
June 26, 2024, as the date to hold a public hearing to
consider an amendment to the lease of county property at the
Chesterfield County Airport with L3Harris.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.C.9.b. TO AMENDED CHAPTER 8 STORMWATER MANAGEMENT AND WATER QUALITY ARTICLE I AND II
On motion of Dr. Miller, seconded by Mr. Ingle, the Board set
June 26, 2024, as the date to hold a public hearing to
consider amendments to Chapter 8 Stormwater Management and
Water Quality Articles I and II.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
24-190 5/15/2024
Nays: None.
15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Roxana Paduretu and Ms. Richele Barone expressed concerns relative to amendments and enactments to Section 15 Article V as pertains to massage therapists. The following individuals addressed the Board regarding the proposed Dominion Energy Peaker Plant: Ms. Susan Miller Mr. Glen Besa Ms. Ann Butler 16. DEFERRED ITEMS FROM PREVIOUS MEETINGS
There were no deferred items from previous meetings.
17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA
Ms. Sara Hall stated for each case on the consent agenda,
staff has received written confirmation from the applicants
that they agree with the conditions being imposed and all
proffers are offered in compliance with state law.
22SN0155
In Dale Magisterial District, Benton Woods is a request to
rezone from Agricultural (A) and Residential (R-7) to
Residential (R-12) with conditional use planned development
to permit exceptions to ordinance requirements and amendment
of zoning district map, located along the north side of
Chippenham Pkwy, adjacent to the exit ramp to Iron Bridge Rd.
and adjacent to the Garland Heights Subdivision on the north
and east. The 26.55 acre property is proposed for a maximum
of 85 dwelling units. The Comprehensive Plan suggests the
property is appropriate for Suburban Residential II use (2 to
4 dwellings per acre). Tax ID 778-689-3329.
Ms. Hall introduced Case 22SN0155. She stated staff received
no comments on the case, and the Planning Commission and
staff recommended approval, subject to the conditions in the
staff report.
Mr. Holland called for public comment.
Mr. Greg Allen voiced his support of a potential deferral of
the case.
Ms. Ann Miller, representing the applicant, stated the
applicant would not consent to a 60-day deferral.
There being no one else to speak to the issue, the public
hearing was closed.
24-191 5/15/2024
On motion of Mr. Holland, seconded by Dr. Miller, the Board
deferred Case 22SN0155 for 60 days until the regularly
scheduled Board of Supervisors meeting on July 24th.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 23SN0106
In Bermuda Magisterial District, U-Haul Mini Storage
Amendment is a request to amend zoning approval (Case
20SN0547) relative to uses, including the operation and time
limitation for specific uses, and amendment of zoning
district map in a General Business (C-5) District on 2.99
acres known as 5210 Route 1. The Comprehensive Plan suggests
the property is appropriate for Neighborhood Business use.
Tax IDs 789-689-9157, 9757, and 9764.
Ms. Hall introduced Case 23SN0106. She stated staff received
no comments on the case, and the Planning Commission and
staff recommended approval, subject to the conditions in the
staff report.
Mr. Holland called for public comment.
Ms. Renae Eldred voiced her concerns relative to the case.
Mr. Matt Robins, representing the applicant, stated the
applicant agrees to the conditions.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
approved Case 23SN0106, subject to the following conditions:
1. Time Limitation. Approval for any outdoor storage units
on the premises shall be granted for a period not to
exceed three (3) years from the date of this zoning
approval. (P)
And further, the Board approved the following proffered
conditions:
The property owner and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County,
for themselves and their successors or assigns, proffer that
the property under consideration (the “Property”) will be
developed according to the following proffers if, and only
if, the rezoning request submitted herewith is granted with
only those conditions agreed to by the owners and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owners and applicant, the
proffers shall immediately be null and void and of no further
force or effect.
24-192 5/15/2024
The Applicant hereby amends Proffered Condition 1 of Case
20SN0547 to read as follows:
1. Uses. Uses on the property shall be limited to all uses
permitted in the Community Business (C-3) District, plus
van, truck and utility trailer rentals, mini-storage,
and outdoor storage accessory to the van, truck and
utility trailer rental use and mini-storage use. The
following accessory use shall be further subject to the
following requirements:
a. Repair Services for Van, Truck, and Utility
Trailers.
i. Repair services may occur only as accessory to
the rental use, and repair does not include
body repair;
ii. Except for minimal repairs necessary to allow
a vehicle or utility trailer to be moved into
the service area, repair activities and
storage of new or replaced repair materials
either occurs inside a building, or in the
highlighted area shown on the Location of
Repair Services (Exhibit A). (P)
In addition, the following Proffered Conditions are added to
the Proffered Conditions set forth in Case 20SN0547.
2. Gated & Locked Emergency Access to Cogbill Road. Within
thirty (30) days of zoning approval for Case 23SN0106, a
Knox Box (or other suitable locking device as approved
by the Fire Marshall) shall be installed and maintained
on the gated access to Cogbill Road (shown on Exhibit
A). In addition, a sign shall be installed on the gate
noting its use for emergency vehicles only. (P & F)
3. Prohibited Parking in the Outdoor Storage Areas. Except
for customers who are temporarily loading or unloading
an outdoor storage unit, no vehicles or utility trailers
shall be parked in the access lanes adjoining such
units. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None.
23SN0110
In Bermuda Magisterial District, Route 1 Ruffin Mill Rezoning
is a request to Rezone from Agricultural (A) and Community
Business (C-3) to General Industrial (I-2) to permit
industrial uses and amendment of zoning district map on 4
acres known as 15501 Route 1. The Comprehensive Plan suggests
the property is appropriate for Regional Mixed use. Tax ID
800-638-5762.
Ms. Hall introduced Case 23SN0110. She stated staff received
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no comments on the case, and the Planning Commission and
staff recommended approval, subject to the conditions in the
staff report.
Mr. Holland called for public comment.
Mr. Andy Condlin, representing the applicant, urged the Board
to approve the case.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
approved Case 23SN0110, subject to the following proffered
conditions:
The Owner-Applicant in this rezoning Case 23SN0110, pursuant
to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County,
Virginia (the “County”), for itself and its successor or
assigns, proffers that the development of the approximately
4.00 acres with County Tax Parcel Identification Number
800638576200000 (the “Property”) under consideration will be
developed, as applicable, as set forth below; however, in the
event the request is denied or approved with conditions not
agreed to by the Owner-Applicant, these proffers shall be
immediately null and void and of no further force or effect.
The Owner-Applicant hereby proffers the following conditions
applicable to the Property:
1. Exhibits. These proffers shall include the following
exhibits which by this reference are made a part hereof:
a. Exhibit A - conceptual plan entitled, “CONCEPTUAL
PLAN, RUFFIN MILL INDUSTRIAL PREPARED FOR STREAM
REALTY, CHESTERFIELD COUNTY, VIRGINIA” prepared by
Kimley-Horn and Associates, Inc., dated March 29,
2024 and attached hereto as Exhibit A (“Conceptual
Plan”). The Conceptual Plan is conceptual in nature
and may vary based on the final soil studies,
grading, RPA lines, building footprints, other
engineering reasons or as otherwise approved at the
time of plans
b. approval.
c. Exhibit B- building conceptual rendering entitled,
“BUILDING CONCEPTUAL RENDERING” and dated January
31, 2024 and attached hereto as Exhibit B
(“Building Conceptual Rendering”).
d. Exhibit C- grading exhibit entitled, “BUILDING #1
GRADING EXHIBIT” prepared by Kimley-Horn and
Associates, Inc., dated March 29, 2024 and attached
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hereto as Exhibit C (“Grading Exhibit”). (P)
2. Burning Ban. The Developer shall not use burning to
clear or timber the Property. (P)
3. Lighting. Any new parking lot or storage area lighting
on the Property, within two hundred feet (200’) of Route
1 shall not exceed twenty-five feet (25’) in height as
measured from the grade of the base of the lighting
standard. Owner shall illuminate parking and loading
areas with a minimum maintained illumination level of
2.0 foot-candles, as measured at grade. All site
lighting on the Property, including parking lot and
roadway standards, sign lighting, walkway lighting and
accent lighting, shall be of such design and/or location
so that the light source is substantially shielded from
view and glare is minimized. (P)
4. Screening.
a. Storage and Loading Areas. Any areas used for
storage or loading shall be screened from public
view on Route 1 by the building on the Property, an
opaque fence or wall, supplemental landscaping, or
existing vegetation, as approved at the time of
site plan review.
b. Exterior Rooftop Equipment. All exterior rooftop
mechanical equipment which is visible from Route 1
shall to the extent possible be screened from
public view, generally by the incorporation of
screening with colors similar to those employed in
the construction of the principal structure. (P)
5. Public Water and Wastewater. Public water and
wastewater system shall be used. (U)
6. Transportation.
a. Dedication. Prior to final site plan approval or
within sixty (60) days from a written request by
the Transportation Department, whichever occurs
first, sixty feet (60’) of right-of-way along the
east side of Route 1, measured from the centerline
of that part of the road immediately adjacent to
the Property, shall be dedicated, free and
unrestricted, to and for the benefit of the County.
b. Access. Direct vehicular access from the Property
to Route 1 shall be limited to one (1)
entrance/exit with the exact location approved by
the Transportation Department (“Site Access”).
c. Road Improvements. Prior to the issuance of any
certificate of occupancy on the Property, the
following road improvements shall be completed by
24-195 5/15/2024
the owner/developer. The exact design and length of
these improvements shall be approved by the
Transportation Department.
i. Construction of additional pavement along
Route 1 at the Site Access to provide separate
left and right turn lanes.
ii. Construction of a VDOT standard sidewalk along
the Property’s frontage to Route 1.
iii. Dedication to the County, free and
unrestricted, of any additional right-of-way
and/or easements required for the improvements
identified above. (T)
7. Uses. Uses permitted in the I-2 General Industrial
District shall be permitted on the Property, except the
following uses shall be prohibited:
a. Automobile self service station;
b. Automobile self service station, unmanned;
c. Automobile service station;
d. Automobile storage lot;
e. Crematorium;
f. Mass transportation station/terminal;
g. Motor vehicle rental;
h. Motor vehicle self service station, unmanned;
i. Motor vehicle storage lot;
j. Paper recycling by the compaction method;
k. Recycling and processing of any material permitted
to be manufactured in the district, except paper
(see Paper Recycling);
l. Satellite dish;
m. Tire vulcanizing; and
n. Wastewater treatment plant. (P)
8. Route 1 Buffer and Grading. A minimum ninety-eight foot
(98’) buffer measured from the existing boundary line of
the Property (or 75’ measured from the ultimate right-
of-way) shall be provided along the western boundary of
the Property along Route 1, as shown on the Grading Plan
attached as Exhibit C, subject to the provisions of this
proffered condition. Existing healthy vegetation located
within the buffer shall be preserved and incorporated in
a Landscape Plan to be submitted at plans review.
Buffer areas without existing healthy vegetation shall
be planted and maintained in accordance with County
Zoning Ordinance requirements for 2x Perimeter
Landscaping C, including the ability to use berms a
minimum of three feet (3’) in height. All plantings
shall be indigenous, and drought resistant and dead or
diseased vegetation, noxious plants, or invasive species
may be removed from the buffer. Existing healthy
vegetation may be removed to accommodate vehicular
access, signs, grading as generally shown on the Grading
24-196 5/15/2024
Exhibit attached as Exhibit C, utilities that run
generally perpendicular, or as otherwise permitted by
the County Zoning Ordinance or Planning Director at the
time of plans review. (P)
9. Supplemental Landscaping. The portion of the Property
labeled “LANDSCAPED AREA” and shaded blue on the Grading
Exhibit attached as Exhibit C shall be planted and
maintained in accordance with County Zoning Ordinance
requirements for 2.5x Perimeter Landscaping C, or as
otherwise approved by the Planning Director at the time
of plans review. (P)
10. Architectural Standards and Exterior Materials. The
exterior of any building on the Property shall be in
general conformance with the Building Conceptual
Rendering attached as Exhibit B and shall primarily be
smooth finished painted precast concrete panels with
reveals to increase visual interest and provide
transitions between colors of a cool tone color palette.
The building façade will be punctuated with storefront
glazing in the form of clerestory windows at regular
intervals higher in the building elevation, both for
visual relief and for daylighting within the building.
In addition to the clerestory windows, the smooth
finished painted precast concrete panels shall be
recessed at regular intervals across the full length of
the building façade fronting Route 1. Relief of panels
on the building façade fronting Route 1 will be achieved
by either stepping back the full thickness of the panel
or by a reveal in the panel, or as otherwise approved by
the Planning Director at the time of site plan review.
These recessed panels at regular intervals will be
painted in contrast to the remainder of the facade and
will have additional reveals to increase visual
interest. (P)
11. Security.
a. Electronic pushbutton keypads shall be installed at
electronically access controlled building entrances
for emergency Police/Fire access. The unique,
Police/Fire-only keypad code shall be provided to
the Chesterfield County Emergency Communications
Center (“County ECC”) prior to any certificate(s)
of occupancy being issued.
b. Prior to any certificate(s) of occupancy being
issued, owner shall provide a labeled PDF copy of
the building floor plans to the County ECC to
facilitate emergency police response.
c. Evergreen shrubs and trees with mature natural
growth habits greater than three (3) feet in height
shall not be planted within a 10-foot radius of
common building entrances or exits. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
24-197 5/15/2024
18. ZONING AND MOBILE HOME DISCUSSION CASES
There were no zoning and/or mobile discussion cases at this
time.
19. PUBLIC HEARINGS 19.A. TO CONSIDER FY25-FY30 SECONDARY ROAD SIX-YEAR PLAN AND FY25 SECONDARY ROAD IMPROVEMENT BUDGET; APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
Ms. Chessa Walker, Director of Transportation, stated this
date and time has been advertised for the Board to consider
FY25-FY30 Secondary Road Six-Year Plan and FY25 Secondary
Road Improvement budget; appropriation of funds and
authorization to proceed.
Mr. Holland called for public comment.
There being no one else to speak to the issue, the public
hearing was closed.
On motion of Mr. Carroll, seconded by Dr. Miller, the Board
took the following actions:
1. Appropriated anticipated VDOT reimbursements in the
amounts shown for the following projects:
a. Old Gun Road Shoulder Wedging - $1,000,000
b. Bellwood Road Turnaround - $500,000;
2. Authorized the County Administrator to enter into
permits, agreements, and contracts acceptable to the
County Attorney; and
3. Authorized the County Administrator to proceed with
engineering, right-of-way acquisitions, including the
advertisement of eminent domain public hearings, if
necessary, and to accept the conveyance of right-of-way
and easements that are required; and
4. Authorized the Chairman of the Board of Supervisors and
County Administrator to execute easement agreements for
the relocation of utilities; and
5. Authorized the Procurement Director to proceed with the
advertisement for construction contracts.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
19.B. CONSIDERATION OF EMINENT DOMAIN FOR FALL LINE TRAIL; ROUTE 1 (MARINA DRIVE – ELLIHAM AVENUE) RIGHT-OF-WAY AND EASEMENT ACQUISITION
Ms. Walker stated this date and time has been advertised for
consideration of eminent domain for Fall Line Trail; Route 1
(Marina Drive – Elliham Avenue) right-of-way and easement
acquisition.
24-198 5/15/2024
Mr. Holland called for public comment.
Ms. Renae Eldred voiced concerns relative to the process.
There being no one else to speak to the issue, the public
hearing was closed.
Discussion ensued relative to the specific parcels and
proposed settlements.
On motion of Mr. Ingle, seconded by Ms. Schneider, the Board
approved the consideration of eminent domain for the
acquisition of right-of-way and easements for the Fall Line
Trail: Route 1 (Marina Drive – Elliham Avenue) project.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
19.C. TO CONSIDER AMENDMENTS TO SECTIONS 9-24 AND 9-25 OF THE COUNTY CODE TO PROVIDE FOR AUTOMATIC ADJUSTMENTS TO THE COUNTY TAX RELIEF AND NET WORTH THRESHOLDS TO ALIGN WITH THE ANNUAL PERCENTAGE ADJUSTMENT OF THE SOCIAL SECURITY AND SUPPLEMENTARY INCOME COST OF LIVING ADJUSTMENT (SSI COLA); AND TO CONSIDER ONE-TIME AMENDMENTS TO INCREASE THE ELIGIBLE ACREAGE FROM ONE TO TEN ACRES; INCREASE THE NET WORTH LIMIT; AND TO REMOVE THE MAXIMUM CAP ON RELIEF
Mr. Harris stated this date and time has been advertised for
the Board to consider amendments to Sections 9-24 and 9-25 of
the County Code to provide for automatic adjustments to the
county tax relief and net worth thresholds to align with the
annual percentage adjustment of the social security and
supplementary income cost of living adjustment (SSI COLA);
and to consider one-time amendments to increase the eligible
acreage from one to ten acres; increase the net worth limit;
and to remove the maximum cap on relief.
Mr. Holland called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Ms. Schneider, seconded by Mr. Carroll, the
Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 9-24 and 9-25 RELATING TO
RESTRICTIONS AND CONDITIONS AND SCHEDULE OF EXEMPTIONS
PERMITTED
BE IT ORDAINED by the Board of Supervisors of Chesterfield County:
(1) That Sections 9-24 and 9-25 of the Code of the County of Chesterfield, 1997, as
amended, is amended and re-enacted to read as follows:
Sec. 9-24. - Restrictions and conditions.
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(a) Notwithstanding any other provision of this chapter, a dwelling or
manufactured home, and up to ten acres of land upon which either is situated may be
temporarily exempted from taxation when any such property is owned by and occupied as
the sole residence of a person at least 65 years old or a person who is determined to be
permanently and totally disabled as defined by Code of Virginia, § 58.1-3217. The
exemption shall be subject to the following restrictions and conditions:
(1) During the preceding calendar year, the total combined income
from all sources of the owners and owners' relatives living in the dwelling or
manufactured home must not exceed $62,000.00; without including in the total the first
$10,000.00 of each relative's income, other than the owner's spouse who is living in the
dwelling or manufactured home.
(2) Notwithstanding subsection (1), if a person qualifies for an
exemption under this section, and can prove by clear and convincing evidence that the
person's physical or mental health has deteriorated such that the only alternative to
permanently residing in a hospital, nursing home, convalescent home or other facility for
physical or mental care is to have a relative move in and provide care for the person, and
if a relative does move in for that purpose, then none of the income of that relative or that
relative's spouse shall be included in calculating the income limit; however, if the
residence's owner has, within a three-year period prior to or after the relative moves into
the residence, transferred to the caregiving relative assets in excess of $10,000.00 without
adequate consideration then the income of the caregiver relative or that relative's spouse
shall be included in calculating the income limit.
(3) As of December 31, of the immediately preceding calendar year,
the net combined financial worth, including interest of the owners and of the spouse of
any owner, excluding the value of the property for which the exemption is sought, must
not exceed $500,000.
(b) If the property described in (a) above is jointly held by an owner: (1) who
is not the spouse of a qualifying owner, (2) who would not qualify for an exemption by
age or disability, and (3) whose ownership interest can legally be calculated as a
percentage interest in the property, the qualifying owners will continue to qualify for an
exemption, as calculated in the next sentence of this subsection (b), if all of the joint
owners occupy the property as their sole dwelling and the combined financial worth of all
such joint owners, including the present value of all equitable interests (and computed
without exclusion for the dwelling or any other asset notwithstanding the provisions of
subsection (a) does not exceed $363,600 $470,900 as of December 31 of the immediately
preceding calendar year. The tax exemption for this subsection (b) shall be calculated by
multiplying the amount of the exemption by a fraction that has as a numerator the
percentage of ownership interest in the property held by all joint owners who qualify by
age or disability and their spouses and, as a denominator, 100 percent.
Sec. 9-25. - Schedule of exemptions permitted.
(a) The amount of exemption from real estate taxation under this section shall be
determined in accordance with the following schedule:
Income Categories Percentage of Exemption
(i) $0.00 through $37,500 100
(ii) $37,501 through $46,500 60
(iii) $46,501 through $62,000 35
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(b) The maximum total combined income which entitles an owner to a tax exemption as specified in section 9-24 (a)(1) and the percentage of exemption applicable by income category provided in section 9-25 (a) shall be increased annually effective every January 1 by the same annual percentage increase in the Social Security benefit cost-of-living increase announced the prior year by the Social Security Administration. Such increase shall be automatic without further approval of the board of supervisors provided such increase is no greater than 10%. The department of budget and management shall calculate the adjustment and in conjunction with the county attorney and commissioner of the revenue, amend sections 9-24 and 9-25 to reflect the adjustments. (2) That this ordinance shall become effective January 1, 2025.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 19.D. TO CONSIDER APPROPRIATING TRANSPORTATION REVENUE BONDS AS OUTLINED DURING THE FY2025 BUDGET PROCESS Mr. Harris stated this date and time has been advertised for the Board to consider appropriating transportation revenue bonds as outlined during the FY2025 budget process. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Dr. Miller, the Board appropriated up to $350 million in transportation revenue bond proceeds and authorized the required additional appropriation authority to enable transfers of these dollars to other funds.
Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None.
20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Doris Knick and Ms. Julie Cummings addressed the Board relative to supporting the ability of Chesterfield County residents to choose to have an analog electric and gas meter rather than a smart meter. 21. ADJOURNMENT On motion of Dr. Miller, seconded by Mr. Carroll, the Board adjourned at 9:34 p.m. to the PlanRVA/RRTPO/CVTA Joint Annual Meeting on June 13 at 8:00 a.m., to then adjourn to Senator Mark Warner’s visit to the HARP program at the Chesterfield County Jail on June 15 at 2;00 p.m., to then adjourn to the regular Board of Supervisors meeting on June 26 at 2:00 p.m. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None.
__________________________ ___________________________
Joseph P. Casey James M. Holland
County Administrator Chairman
24-201 5/15/2024
Citizen Comments Received Through the Comment Portal
5/15/2024 Public hearing - Amendments to
Sections 9-24 and 9-25 of the County
Code to Provide for Automatic
Adjustments to the County Tax Relief
and Net Worth Thresholds to Align
with the Annual Percentage
Adjustment of the Social Security and
Supplementary Income Cost of Living
Adjustment (SSI COLA); and to
Consider One-Time Amendments to
Increase the Eligible Acreage from
One to Ten Acres, Increase the Net
Worth Limit, and to Remove the
Maximum Cap on Relief
1) Having to claim Income & assets of
Relative living with you. Is that really
fair? We don't see that money. Yet, we
are the care giver of that person.
Meaning, we spend our time, energy and
even expenses taking care of them and
then the County is going to Penalize us
for that. Shame on you.
2) Why do you want me to claim my total
Social Security Income, when its our only
income and non-taxable? Our gross
income this year was less than the
required amount to file. Yet, we don’t
qualify for any relief? Some kind of
adjustments need to be made in the
system.
Lisa
Williams
Matoaca
5/15/2024 Unscheduled matter Requesting a round-a-bout at the
Kingsland Rd and Salem Church Rd
intersection. Not sure if you all keep
count, but my best guest estimate is that
the intersection probably gets about 2-3
accidents per month. Please this is very
important.
Jonah
Godsey
Dale
5/15/2024 Unscheduled matter Chairman Jim Holland, Vice Chair Mark
Miller, Supervisor Ingle, Supervisor
Carroll, and Supervisor Schneider
It is not at all clear to me what the status
is of Dominion's proposed gas power
plant in Chesterfield County. Regardless,
a considerable number of county
residents oppose the gas plant as
evidenced by the turnout at the April
Board of Supervisors' meeting. Whether
Dominion proceeds with its pending
Conditional Use Permit Application or
shifts the location to the site of its retired
coal plant, the same concerns related to
environmental justice, air pollution and
climate impacts remain the same.
Furthermore, it is not clear to me that by
shifting the site to the retired coal plant
property that the matter won't still come
before the Board of Supervisors for some
kind of approval in which case I urge you
to vote NO.
It is well past time for us to transition
away from fossil fuels for the sake of our
climate and planet. Instead, Dominion is
ignoring the Virginia Clean Economy Act
and has announced its intentions to keep
all of its current gas and coal plants
operating as well as building new gas
plants like the proposed plant in
Chesterfield.
Just about every day, we learn of new
severe weather disasters linked to
climate change, and we all need to do
our part to reduce greenhouse gas
emissions. For Chesterfield that should
mean denying Dominion permission to
build a new gas plant. Here are just a
few climate related headlines from the
past two weeks:
Record-breaking increase in CO2 levels in
world’s atmosphere
Heavy rains over Texas have led to water
rescues, school cancellations and
Glen
Besa
Dale
24-202 5/15/2024
evacuation orders
‘I’ve only the clothes on my back’: lives
swept away by floods in Kenya
Brazil floods leave 150,000 homeless,
scores dead or missing
Philippine students are told to stay home
as Southeast Asia swelters in prolonged
heat wave
Flash floods kill more than 300 people in
northern Afghanistan after heavy rains,
UN says
Thank you for your time, and please vote
NO of the Dominion Energy gas plant.
Glen Besa
4896 Burnham RD
North Chesterfield, VA 23234
Dale District