2020-07-22 MinutesBOARD OF SUPERVISORS
MINUTES
July 22, 2020
Supervisors in Attendance:
Ms. Leslie A. T. Haley, Chair
Mr. Kevin P. Carroll, Vice Chair
Mr. James A. Ingle, Jr.
Mr. Christopher M. Winslow
Mr. James M. Holland
Dr. Joseph P. Casey
County Administrator
Ms. Haley called the meeting to order at 3:00 p.m. She stated
due to COVID-19 and the occupancy limits of the Public Meeting
Room, citizens requesting to speak before the Board will be
given the opportunity to comment in person at the appropriate
time.
1. APPROVAL OF MINUTES
On motion of Mr. Carroll, seconded by Mr. Holland, the Board
of Supervisors approved the minutes of June 24, 2020, as
submitted.
• Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
On motion of Mr. Winslow, seconded by Mr. Ingle, the Board
replaced Item G.A. Closed Session Pursuant to 1) Section 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
Where Discussion in an Open Meeting Would Adversely Affect the
Bargaining Position and Negotiating Strategy of the County, 2)
Section 2.2-3711(A)(5), Code of Virginia, 1950, as Amended, to
Discuss or Consider Prospective Businesses or Industries of
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 County, and 3) Section 2.2-3711(A)(8), Code of Virginia,
1950, as Amended, for Consultation with Legal Advice Relating
to the Use of School Facilities Owned by the County; added Item
• 13.B.24. Request to Quitclaim Portions of a Twenty -Four Foot
SWM/BMP Access Easement across the Properties of NVR, Inc.,
Cambria Cove Homeowner's Association, Inc. and Harvey and Susan
Clark; and added Item 13.B.25. Set Public Hearing to Consider
an Ordinance Establishing Two Satellite Absentee Voting
Locations for the Upcoming General Election, and approved the
agenda, as amended.
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3. WORK SESSIONS
3.A. EVERYDAY EXCELLENCE - REAL ESTATE ASSESSOR'S OFFICE
Mr. Matt Harris, Deputy County Administrator, introduced Zak
Hendershott and Tanya Rosser from the Real Estate Assessor's
office. He shared a complimentary email received by Dr. Casey
which represents the high level of customer service provided
every single day by Mr. Hendershott, Ms. Rosser, and the office
as a whole. He pointed out that a citizen's first impression
of the county government often sets the tone for future
interactions with the county.
Ms. Rosser thanked the Board for the opportunity to be
recognized.
Ms. Haley expressed her appreciation to Ms. Rosser and Mr.
Hendershott for carina for the citizens.
Mr. Holland agreed the first experience with the county can
leave a lasting impression.
3.B. WORK SESSION ON BLIGHTED PROPERTY
Mr. Dan Cohen, Director of Community Enhancement, provided the
Board first with the definition of blight and then with details
of two properties, one on Black Oak Road and one on Old Bon
Air Road, which meet the definition of blight. He reviewed the
Code of Virginia and County Code authority to declare a •
property as blighted and the blight declaration process. He
discussed the potential remedies, some of which are conveyance
to the community land trust; cost recovery through sale;
demolition and removal of debris; establishment of a community
garden; and purchase by adjacent owner(s).
In response to Mr. Winslow's question relative to an acceptable
timeframe for a house to be under construction, Mr. Ron
Clements, Director of Building Inspections, stated Virginia
Construction Code Section 110.7 places a three-year limitation
on the construction of a home. He further stated the property
owner on Old Bon Air Road has already been cited, found guilty,
and fined under this code section.
In response to Mr. Winslow's question, Ms. Emily Russell,
Assistant County Attorney, stated the property owner of the
Old Bon Air Road property has had 28 convictions in General
District Court which includes the original charges, capiases,
and show causes. She further stated this is the first time the
Building Official has had to issue a notice or get a conviction
under this code section, and historically, violations of this
nature have not been a problem in the county. •
In response to Mr. Winslow's question, Ms. Russell provided an
explanation of convictions, fines and jail time for such
building code violations.
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Mr. Clements stated the Old Bon Air Road property owner applied
for the original building permit in 2007.
In response to Mr. Holland's question relative to where the
property owners reside, Mr. Clements stated the Bon Air Road
property owner resides in Henrico, but he was not sure where
the Black Oak Road property owner resides.
Mr. Holland stated 21 notices is very gracious, and he
suggested the number be lowered to five as policy is set going
forward.
Ms. Haley pointed out the safety issues to citizens connected
to these properties. She stated the Board now has some options
to fix these types of issues.
In response to Mr. Ingle's question relative to ownership of
the property after Board action, Mr. Cohen reviewed the options
available once the property is declared blighted by the Board.
Ms. Russell stated there is no eminent domain and no
condemnation of the property by virtue of declaring it
blighted, but it does, however, open the door for eminent
domain if that is part of the plan Community Enhancement
develops following the blight declaration.
In response to Mr. Ingle's question, Ms. Russell confirmed
Board action communicates to the property owner that they must
act immediately to make repairs or comply with the plan in
order to avoid losing their property.
• In response to Ms. Haley's request for clarification relative
to eminent domain, Ms. Russell confirmed it would be a separate
action brought before the Board, and the Board would have an
opportunity to engage in detailed conversation regarding that
specific property.
Mr. Jeff Mincks, County Attorney, stated that would occur at a
public hearing like all other condemnation actions.
In response to Mr. Carroll's question relative to the tracking
of calls.for service to blighted properties, Mr. Cohen stated
that data has not been tracked.
Mr. Carroll suggested tracking calls for service in the future
and pointed out that blighted properties such as one in the
Deer Run neighborhood create a public safety issue by drawing
kids and homeless people. He stated the data could then be used
by the Board to recoup costs related to public safety and
county personnel responding to the property.
On a different topic, Mr. Cohen stated the Board has an item
for consideration on the Consent Agenda pertaining to the
appropriation of $50,000 to Area Congregations Together Service
(ACTS) to assist county renters and homeowners who have been
impacted by COVID-19 with rent stabilization and mortgage
assistance.
Dr. Casey clarified this appropriation is a part of the CARES
Act funding through the federal government.
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3.C. GENERAL ASSEMBLY UPDATE
Ms. Mary Ann Curtin, Director of Intergovernmental Relations,
stated staff is bringing forward a recommendation to add an
item to the 2020 Legislative Program reflecting the fact that
there will be a special session of the General Assembly in
August which will deal with criminal justice and police reform
as well as budget items. She further stated the purpose of the
addition is to cover any additional police reform legislation
that may arise. 0
In response to Mr. Holland's question relative to speculation
about what the delegation is contemplating during the special
session, Ms. Curtin stated Colonel Katz and she had a
conversation with Delegate Aird, and Colonel Katz was able to
give Delegate Aird some insights into approaches that might be
workable for what she is contemplating.
Mr. Holland stated it would be prudent to reach out to each
member of the delegation and work collaboratively with them to
do what is in the best interests of the citizens of the county.
Mr. Winslow concurred with Mr. Holland, and he encouraged
members of the delegation to contact Board members to seek
input on proposed legislation that affects the county.
Ms. Haley stated the Board has an open door to talk with members
of the delegation about any legislation that would impact the
county.
Ms. Curtin stated staff does offer to brief members of the
delegation on any topics of interest. •
Dr. Casey stated members of the delegation have been regularly
attending virtual meetings with the chair, vice chair, and
county staff, and during the next meeting there will be county
staff available to help the delegation discern what is before
them in the special session.
Mr. Holland pointed out the issue of police oversight,
accountability, and review, and he stated both he and Mr.
Winslow have had discussions with faith leaders throughout the
county. He further stated they are listening to citizens and
working with the Chief of Police and the County Administrator
to ensure the needs of the community are being met, especially
those in the African American community. He announced that he
wrote a piece for The Observer regarding the aftermath of the
murder of George Floyd and the I Can't Breathe issue.
3.D. FINANCIAL UPDATE
Mr. Matt Harris, Deputy County Administrator, provided the
Board with an update ahead of a very finance -heavy agenda for
the Board's consideration. He announced the county's Triple
AAA rating was reaffirmed by all three rating agencies after
the rating calls which were held in June. He noted the
importance of reserves and stated each agency in its own way
cited the importance of having that flexibility. He stated the
county has not had to access the reserves in any significant
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way. He further stated the county sold $59.7 million in bonds,
including a $7.5 million premium, at a historically low
interest rate of 1.43 percent which equates to more than $10
million in savings over the life of the bonds. He provided
details of a resolution on the consent agenda to authorize the
refinancing of up to $60 million of existing county and school
debt which is estimated to produce at least $1.3 million in
present value savings. He reviewed the slate of Coronavirus
Aid, Relief and Economic Security (CARES) related actions on
• the consent agenda.
In response to Ms. Haley's question relative to CARES funding,
Mr. Harris confirmed Schools did receive CARES funding directly
from the federal government. He stated many agencies such as
the county Airport, Registrar, and Fire & EMS have received
direct CARES funds, and Schools received approximately $5.6
million in direct education CARES funds. He further stated
approximately 80 percent of those funds were originally set
aside for staffing needs, but he was uncertain if that is still
the case in light of the School Board's vote to go back to
school virtually in the fall.
In response to Ms. Haley's question relative to Schools' $3.6
million allocation of county CARES funds for Chromebooks and
personal protective equipment (PPE), Mr. Harris stated he
believes Schools' allocation would support any component of
distance learning including the 1:1 Chromebook initiative.
Ms. Haley stated she believes any expansion of Schools staffing
would be contrary to the all -virtual learning model, and the
allocation of the $3.6 million needs further review.
• In response to Mr. Ingle's question relative to the deadline
for spending CARES funds, Mr. Harris stated the deadline of
December 30 is consistent across the board. He further stated
the purpose of the proposed plan for allocation of CARES
funding is to allow for discussions and public input ahead of
the public hearing in August when the plan will be adopted.
Dr. Casey clarified the direct funding to Schools was under
Title I grants which have a separate set of rules. He stated
he was uncertain whether those funds must be spent in Title I
schools.
In response to Mr. Carroll's question relative to when Schools
asked for $3.6 million for Chromebooks, Mr. Harris stated he
believes he has been having conversations with Schools' chief
financial officer for the last 30 days relative to what items
may be needed.
Mr. Carroll stated it was disconcerting to him that, during
the School Board meeting, Schools stated a need for an
additional $18 million to get students back into school in the
fall, yet that additional funding is not in the Board of
Supervisors' proposed plan despite having had conversations
with Schools over the last 30 days. He further stated he did
not receive a request for additional funds from anyone on the
School Board. He stated if Schools was considering bringing
students back to school in the fall, the need for additional
funding to make that happen should have been brought to the
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Board of Supervisors' attention. He further stated it is
bothersome that the need for additional funding above $3.6
million was not brought to the Board of Supervisors' attention.
Mr. Harris stated while there was active dialogue with Schools,
the $18 million figure was not shared between Finance staffs
or Administrations prior to being shared publicly at the School
Board meeting.
In response to Mr. Winslow's question, Mr. Harris stated CARES •
funds are not available to cover education -related costs
incurred by individuals affected by COVID-19 or the School
Board's decision to proceed with virtual learning in the fall.
Mr. Holland stated $3.6 million is probably not enough from a
historical perspective due in part to the need for additional
staffing to facilitate a virtual learning model. He further
stated funding for Title I schools may need to be augmented.
He requested the Board to add more money to the voting process
given the coronavirus which has prohibited and concerned many
citizens about voting. He also requested a pay study for the
workers involved in the process. He stated voting and education
are critical functions of a democracy. He expressed a desire
to be overly cautious and progressive to ensure the right to
vote is not hindered in the upcoming election. He stated the
county needs to be over -prepared and allocate the appropriate
resources for voting.
Mr. Harris concurred and stated staff has had a good
conversation with the Registrar and her full team, and it is
staff's intention to bring her before the Board in August to
provide an update on where she is. He noted Communications and •
Media is working on a full campaign to educate voters. He
stated the $159,000 in the proposed plan is from a separate
fund, but it does not preclude the Board from taking some of
the $2.6 million in unallocated funds and investing them
further in the Registrar's Office. He further stated the
proposed satellite absentee voting locations for the upcoming
general election potentially could be funded through CARES Act
funds. He reminded the Board that throughout the budget process
the Board held tightly to a decent increase in Registrar
funding for the first satellite voting location.
Ms. Haley agreed with Mr. Holland and the voting issue. She
stated she would preserve her comments relative to the schools
reopening issue until Dr. Daugherty's portion of the work
session due to her major concerns about the extent to which
Schools should be able recoup significant money from buildings
which have been sitting empty for four months.
In response to Ms. Haley's question relative to the $2.5
million in staffing reimbursements, Mr. Harris stated the
amount does not reflect the addition of new positions, but it
does reflect costs attributable to the redeployment of county •
employees from their traditional roles to new assignments in
order to address COVID-19.
Dr. Casey stated overtime specific to COVID-19 is also an
eligible reimbursable cost.
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In response to Mr. Holland's question, Mr. Harris stated there
is a stringent test as to which redeployed employees qualify
for reimbursement. He further stated Accounting along with
Budget and Management is conducting an evaluation on an almost
employee -by -employee level to determine which employees are
doing a different -enough job to qualify for reimbursement under
the CARES Act. He stated the furlough was an economic
consequence which is not covered by the CARES Act.
• Mr. Harris reviewed the remaining finance -related items on the
Board's agenda. He stated the sales tax report for activity in
May saw a 2.2 percent increase, and the theory that dollars
are staying closer to home has held up for another month. He
further stated Dr. Casey has reached out to the Department of
Taxation to inquire if staff can look into the details to
understand specifically which areas of taxpayer spending are
increasing.
Mr. Holland stated the 1.4 percent interest rate on the bonds
is astounding.
In response to Mr. Holland's question, Mr. Harris confirmed
the bonds are twenty-year bonds with level principal.
Mr. Holland suggested looking at other things the county can
do differently.
Mr. Harris stated the lower rate plus the refinance savings
provides the opportunity for additional borrowing for projects
such as a Schools major maintenance initiative which would not
impact any other part of the Schools budget. He then introduced
• Mr. George Hayes, Director of Utilities, to give the Board a
financial update on the Department of Utilities.
Mr. Hayes provided the Board with statistics and metrics
relative to the waiving of penalties and interest on Utilities
bills. He reviewed several initiatives during the COVID-19
pandemic to reduce the financial burden on Utilities customers.
He stated between March 25 and July 16, the Department of
Utilities waived $556,000 in penalties and interest. He
provided statistics on accounts receivable over sixty days past
due, noting the baseline is in the 13- to 17 -percent range. He
stated the rate peaked at 30 percent early in the pandemic and
is now back down to 22 percent which indicates customers are
getting on their feet. He further stated since the Department
of Utilities is an enterprise fund, waiving penalties and
interest indefinitely would have an adverse impact on rates
for all citizens. He provided details of the Advanced Metering
Infrastructure (AMI) Project which consists of water meters
with data recorders and a fixed two-way communication system
between the meters and a computer system that records high-
resolution data. He stated the benefits include close to real-
time data on water consumption; the ability to log in to a
• portal where consumers can review historic usage and drill -
down to very high-resolution data; and notifications via text
message or email for events such as the detection of a leak or
water use during a vacation. He further stated customer service
representatives will have access to the same high-resolution
data to help customers who cannot access the portal themselves.
He stated meter readings will be more accurate and billing will
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be timelier which may allow for monthly billing in the future
and fewer estimated bills. He further stated the project will
improve the carbon footprint by reducing the number of vehicles
on the road, and the early detection of leaks will save valuable
water resources. He provided details of a feasibility study
which shows a return on investment of approximately 11 years
and discussed the reasons for a conscious decision to delay
implementation of the project until now. He stated the award
of the contract will be before the Board in hopefully August
or September, and he presented the timeline for implementation •
which he anticipates will take three years. He thanked the
Board for its support and expressed pride in his employees for
doing a tremendous job during the pandemic.
Ms. Haley expressed appreciation on behalf of the Board to
Utilities employees who are essential workers and who continue
to provide services to citizens.
Mr. Carroll stated the business community has also been well -
served by the Department of Utilities during the pandemic.
Mr. Winslow thanked Mr. Hayes for the Department's efforts in
managing hydrilla on the lake.
Mr. Hayes stated models have been accurate on the needed
addition of fish and the hydrilla growth this year.
Mr. Holland thanked Mr. Hayes for the report and for doing an
outstanding job. He applauded the new technology and stated
the prudent way in which Mr. Hayes approached the project is
why the Department of Utilities is a AAA utility and also a
self-sustaining enterprise fund. •
Mr. Harris informed the Board that there appears to be a
different rule for when Schools' CARES Act funds can be spent
depending on when the funds are allocated, and staff would get
more clarification and report back to the Board. He then
introduced Colonel Jeffrey Katz, Chief of Police, for an update
on the Police Department's award of a grant.
Colonel Katz announced the award of a significant COPS Hiring
Program Grant from the United States Department of Justice. He
expressed appreciation to Theresa Simonson and Amanda Carter
and their team in the Finance Department for their work on the
application. He stated the Department was awarded a little over
$1.8 million in federal funding to increase staffing by 15
sworn personnel. He further stated positions funded by the
grant will address areas of concern such as human trafficking;
fraud against and abuse of the elderly; child abuse; Internet
crimes against children; and targeted violence. He stated the
Department is now fully staffed for the first time in 25 years.
He further stated the Department has 44 lateral candidates from
police departments in other localities, and the county is the
leader in law enforcement in the region. He thanked the Board •
for its support.
Mr. Winslow congratulated Colonel Katz and the Police
Department and expressed his appreciation for the outstanding
job.
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Ms. Haley stated the citizens and business community are
speaking frankly and candidly with Board members about the
value and integrity of the Police Department which speaks
highly of the leadership and culture of the Department.
Mr. Holland complimented Colonel Katz and stated excellence
should be celebrated.
In response to Mr. Carroll's question relative to future
• staffing needs, Colonel Katz agreed that, even though the
Police Department is fully staffed according to what is
authorized to be staffed, it will still need more help in the
future. He stated the deployment plan is temporarily paused
due to COVID-19, but he hopes to see funding in the beginning
of 2021 for Dale District, Midlothian District, and the Falling
Creek Station which will get the Department in the direction
it needs to go.
Mr. Carroll stated it is important to understand that being
fully staffed does not mean the Department is where it needs
to be, and it still has some catching up to do from many years
where it lagged in personnel.
Colonel Katz concurred and stated the Department is at its
budgeted, allocated strength, and after the Board votes to
accept and appropriate the grant, the Department will have 15
openings with another nine openings hopefully in January.
In response to Mr. Ingle's question relative to applications
for the openings, Colonel Katz stated there are 44 lateral
applications along with many other applications. He further
• stated the Department hires only 2 percent of the applicants,
so the Department needs many more applications.
•
Ms. Haley thanked Colonel Katz for the update.
4. REPORTS
There were no Reports at this time.
5. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
(It is noted citizen comments on unscheduled matters received
through the online portal are attached as Attachment A.)
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6. CLOSED SESSION
6.A. PURSUANT TO 1) S 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 WHERE
DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT
THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF
THE COUNTY, 2) § 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 COUNTY AND 3) SECTION 2.2-3711(A)(8), CODE OF
VIRGINIA, 1950, AS AMENDED, FOR CONSULTATION WITH LEGAL
COUNSEL REGARDING SPECIFIC LEGAL MATTERS REQUIRING THE
PROVISION OF LEGAL ADVICE RELATING TO THE USE OF SCHOOL
FACILITIES OWNED BY THE COUNTY
On motion of Mr. Carroll, seconded by Mr. Holland, the Board
went into closed session pursuant to 1) Section 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 where
discussion in an open meeting would adversely affect the
bargaining position and negotiating strategy of the county, 2)
Section 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 county and 3) Section 2.2-3711(A)(8), Code of Virginia,
1950, as amended, for consultation with legal counsel regarding
specific legal matters requiring the provision of legal advice
relating to the use of school facilities owned by the county.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
7. DINNER
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
recessed for dinner.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
Reconvening:
On motion of Mr. Winslow, seconded by Mr. Ingle, The Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in .accordance with the provisions of the Virginia
Freedom of Information Act; and
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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.
Mr.
Winslow:
Aye.
Mr.
Holland:
Aye.
Mr.
Carroll:
Aye.
Ms.
Haley:
Aye.
(It is noted because the Board did not cover all the topics,
the Board went back into closed session at the end of the
evening session.)
Ms. Haley stated due to COVID-19 and the occupancy limits of
the Public Meeting Room, citizens requesting to speak before
the Board will be given the opportunity to comment in person
at the appropriate time.
• 8. INVOCATION
The Honorable Kevin Carroll, Matoaca District Supervisor, gave
the invocation.
9. PLEDGE OF ALLEGIANCE
Mr. Matt Harris, Deputy County Administrator, led the Pledge
of Allegiance to the Flag of the United States of America.
10. COUNTY ADMINISTRATION UPDATE
10.A. COUNTY/SCHOOLS REOPENING UPDATE
Mr. Scott Zaremba, Deputy County Administrator, provided the
Board with a county reopening update. He discussed the
Libraries reopening and provided statistics of checkout rates
prior to the onset of COVID-19 through early July. He stated
multiple options are being evaluated including opening
additional branches; opening all branches for three days each;
• or opening some branches in the afternoon and others in the
evening. He further stated staff would come back to Dr. Casey
with a recommendation. He discussed the Parks and Recreation
reopening and stated trails were more popular than they had
ever been. He further stated the three recreation centers were
opened as planned on June 15, 2020. He provided details of
events and activities taking place at the recreation centers.
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He provided the Board with an update on team sports including
baseball and softball which got a late start but are practicing
and playing games; soccer, lacrosse, and field hockey which
are practicing, training, and having some games as allowed in
the Governor's Phase Three Guidelines; and football which is
having clinics and conditioning only. He stated football was
slowing down because the Virginia High School League (VHSL)
will be voting soon to cancel fall football which is not
allowed under Phase Three. He discussed the reopening of
Pocahontas State Park including camp sites, pool facilities,
and boat rentals. He reviewed Public Safety and Mental Health
Support Services departments and the status of their
activities, programs, and buildings. He discussed the
additional precautions being taken by General Services such as
touchpoint cleaning procurement and review of HVAC systems. He
outlined the next steps and stated staff will continue to
modify safety practices to keep employees as.safe as possible.
Dr. Mervin Daugherty, Superintendent of Schools, provided the
Board with an update on the reopening of schools in the fall.
He stated Schools was able to open offices in the summer with
guidance from Risk Management. He noted the number of students
taking online classes over the summer has doubled to 16,000.
He stated the School Board voted to go virtual for the
beginning of the 2020-2021 school year. He further stated the
School Board has asked for an update at every meeting on
metrics and the status of the Virginia Department of Health
dashboard. He thanked Mr. David Johnson, Director of Risk
Manaaement, and Dr. Alexander Samuel, Chesterfield Health
District Director, for their assistance, and stated there is
a medical panel to discuss how to get back to normal, 100
percent education in the school system. He further stated Mr.
Johnson has offered to come and show Schools some of the areas
where they can grow. He stated it would be impossible to have
all students come back given the need for six- or even three-
foot barriers. He further stated reopening also depends on how
many students do return, so Schools is going to ask Risk
Management to come in and look at buildings and seating. He
discussed videos for parents, students and constituents
showing such things as how to ride a bus with a mask, how to
enter the building with a mask, the guidelines, and what
virtual learning looks' like. He stated teachers and
administrators are expected to act as if it is a normal day of
school, and he described what a normal day would look like. He
further stated the goal is to get back to school, but to do it
in a way that Schools feels is safe. He shared the difficulty
of 132 school districts being told to decide their own
reopening plan with the expectation of it working out well. He
reviewed potential plans for sports and stated the hope is
everything will be pushed back rather than canceled. He stated
he is concerned about the children, and Schools is committed
to doing what is right. He further stated Schools would be
working with families to ensure working parents will be able
to see their children's lessons. He reiterated the question of
how to get back to normal, and he stated there will be a report
at the next School Board meeting on August 11, 2020. He further
stated if the School Board in August or September were to
decide to come back to school in a certain manner, the
reopening could be a hybrid model, or the School Board might
decide schools can open. He stated Schools has asked for a
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three-week window in which to open, especially for
Transportation which is preparing to run its regular schedules.
He further stated Schools is looking at students with
disabilities, level two students, and English Language
Learners and how to get them back into the buildings sooner
than later. He stated Schools is working to do the best it can
for students and families. He further stated students from pre-
kindergarten to twelfth grade will have Chromebooks, and
$300,000 in private funding has been raised for an agreement
• with Comcast to provide Internet access to those who need it.
He further stated hotspots will be provided in areas without
Comcast. He stated Schools is working with county staff, state
staff, and medical staff to get students back in school, but
he is uncertain when that would happen. He further stated there
will be regular communications, virtual tours, and virtual
meetings. He welcomed questions from the Board.
Ms. Haley thanked Dr. Daugherty for the update. She expressed
concern about the appearance that the decision to go virtual
was made before Risk Management was asked to come in and
provide guidance on reopening.
Dr. Daugherty stated Schools has reached out to Risk Management
on multiple things. He further stated the issue of not asking
probably was a discussion that happened over a month ago where
Schools believed reopening was impossible. He stated Mr.
Johnson's statement the other night was the first time he heard
Mr. Johnson say schools could reopen. He further stated he then
asked Mr. Johnson if he would be willing to help look at
reopening, but he does not believe reopening is possible
knowing the school buildings.
In response to Mr. Winslow's question relative to when the
options for return were developed, Dr. Daugherty stated the
options were reviewed right after the Department of Education
issued their restart to look at a variety of options. He
provided details of many considerations including busing; air
filters; and a predicted spike in positive cases in September.
He discussed meetings held with parents and staff, town hall
meetings, and a meeting with the Hispanic community.
In response to Mr. Winslow's question, Dr. Daugherty confirmed
the six options came from the Virginia Department of Education.
In response to Mr. Winslow's question, Dr. Daugherty stated
Schools discussed the options with Mr. Johnson, but a
mitigation plan was not developed for each option.
In response to Mr. Winslow's question relative to which options
had a mitigation plan for the School Board to consider, Dr.
Daugherty discussed the spacing guidelines. He stated opening
up based on the guidelines from the CDC and the Virginia
Department of Health seemed impossible. He further stated the
guidelines for schools keep changing, which has presented a
challenge for superintendents all over the state.
Mr. Winslow stated the crux of a lot of concern is there was
not a spelled -out mitigation analysis for each option for Board
members or staff to evaluate in terms of logistics and trying
to understand how a school day would go.
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Dr. Daugherty stated the options were discussed, but they were
not put in the formal presentation. He further stated
mitigation plans will be included in the future.
In response to Mr. Ingle's question relative to the parent
survey, Dr. Daugherty explained that the survey was ultimately
shared with a larger audience than just parents of Chesterfield
County students. He stated future surveys will be directed to
the parents. He further stated Schools has discussed the survey
process and how to identify the people completing the survey.
Mr. Ingle stated during the School Board meeting there was an
$18 million -dollar number, and he had seen numbers from $15
million to $20 million, that was estimated to be needed to
reopen schools. He inquired why no one on the Board of
Supervisors had ever heard anything about any of those numbers
prior to the School Board meeting.
Dr. Daugherty stated the question to Schools was what it
thought the total cost would be to go back to school. He
discussed the reasoning for not asking for money right yet and
the expenses to be considered when determining how much money
would be needed.
Mr. Ingle stated he was not looking for the exact breakdown
during the meeting, but a breakdown in writing of those dollar
amounts.
Dr. Daugherty stated he would have that information by Monday,
and it would include costs anticipated to be covered by the
state.
Mr. Ingle expressed his concern that during the School Board
meeting it sounded as if the decision to go virtual was made
because the Board of Supervisors had not come up with extra
money for schools to reopen. He stated the need for more money
to reopen was not discussed with any members of the Board of
Supervisors.
Dr. Daugherty promised he had never said that and stated he
has praised the Board of Supervisors for its support of
education.
In response to Mr. Ingle's question relative to the allocation
of the direct CARES Act funding to Schools, Dr. Daugherty
stated Schools is looking at adding additional counselors
primarily at the elementary level to support social and
emotional learning.
In response to Mr. Ingle's question relative to the deadline
to spend CARES Act funds, Dr. Daugherty stated Schools can
carry those funds into 2022.
In response to Mr. Ingle's question relative to delaying the
hiring process until after schools reopen, Dr. Daugherty
confirmed the money would not be spent until schools reopen.
In response to Mr. Ingle's question relative to the sufficiency
of Schools' budget for 1:1 Chromebooks, Dr. Daugherty stated
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•
•
Schools went into two areas of funding, one from the state and
one from the county, to pick up the case for kindergarten and
first grade. He further stated the discussion with the county
was to use county CARES funds to reimburse Schools so that
Schools could have reserves, technology, and reserve
Chromebooks.
In response to Mr. Ingle's question relative to the
effectiveness of kindergarteners and first graders attending
class virtually on Chromebooks, Dr. Daugherty stated he did
not think it was a perfect scenario.
Ms. Haley stated the Board of Supervisors, in upcoming
conversations with the School Board in August, will be
expecting to see what measures have been put into place to save
money during this time when education has been reduced to a
virtual level, buildings are not being used, and staffing has
been reduced.
Dr. Daugherty stated Schools is preparing information showing
what staffing looks like, what everybody is doing in the
schools, and additional areas where Schools will save money.
Mr. Carroll expressed his concern that Internet hotspots will
not work with a Chromebook at a speed level for a child to
have an active video interaction with a teacher. He inquired
how Schools would provide services for kids who live in rural
areas without technology.
Dr. Daugherty explained that Schools' technology staff has gone
out to all four points of the county to test the hotspots. He
• stated Schools has a map of the areas where Comcast does not
reach. He offered to have Mr. Brian Jones, Executive Director
of Technology Services, discuss the technology. He stated
Schools has issued over 300 hotspots for the summer, and they
are checked to make sure they are operational.
In response to Mr. Carroll's question relative to the number
of students using hotspots, Dr. Daugherty stated there are 300
students with hotspots right now.
Mr. Carroll shared his concerns about the effect on bandwidth
when 60,000 students log on in different areas.
Dr. Daugherty stated during a regular school day all
Chromebooks are using the highway. He further stated right as
the pandemic started in March, Schools started talking to the
state to ensure Internet providers gave schools additional
bandwidth.
Mr. Carroll stated he hopes it is fantastic because in the
future remote learning could solve part of the capacity problem
in the schools. He further stated he was taken aback during
the School Board meeting when he learned there was a desire
for additional money, but no one had contacted the Board of
Supervisors.
Dr. Daugherty stated there was no intention of saying the
county was not supporting Schools.
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Mr. Carroll expressed his concern that School Board members
did not know at the time of the meeting whether the money was
available. He stated the Board of Supervisors would have found
the money to get students back into schools, and it will still
find money because that is what the parents want. He further
stated he looks forward to the solutions Schools will bring
forward.
Mr. Holland stated great success can come out of difficulties.
He shared his hope that everyone would be open to opportunities
in the midst of the coronavirus to come to an even better
place.
In response to Mr. Holland's question relative to the
responding survey participants, Dr. Daugherty confirmed there
were non -Chesterfield responders. He stated Schools learned
the survey was taken off the site and put on Facebook for
people to use. He further stated Schools has changed the entire
format for surveying for more secure services.
Mr. Holland applauded the change and stated he always looks
for district -specific information in survey results. He
further stated he hopes Schools will look at other
opportunities for learning in the evenings for tutoring, or
even if Saturday is required, in meeting rooms, in libraries,
and in other facilities throughout the region such as the
Convention Center. He stated the county and Schools need to
ensure the very best education for each and every child and
ensure equity by being cognizant of different socio-economic
challenges in schools and among students.
Mr. Winslow stated many emails are coming in from parents who
are concerned about increased costs associated with daycare,
tutoring, and alternative schooling options. He urged Schools
to work with the Board of Supervisors as much as possible to
meet the needs of the community during this time given the
decision to go to virtual learning in the fall. He emphasized
the importance of working together.
Mr. Carroll also noted many emails from parents who want
answers to questions because they are concerned about education
for their children. He stated many teachers want to be back in
the classroom while some others do not, and he believes both
can be accommodated in the future if necessary. He further
stated the Board.of Supervisors wants to work with the School
Board and Schools to make this work for the community.
Ms. Haley noted parents' concerns that teachers have not
received training over the last three months to prepare them
for virtual learning. She stated it would be helpful to parents
if there was better sharing of information. She further stated
the Board is concerned about the discord that now exists, and
it desires to help mend the field and bring everyone back
together. She informed Dr. Daugherty that she will be
requesting an Internal Audit investigation into allegations of
bullying and harassment by Schools employees and members of
the Chesterfield Education Association (CEA). She stated the
county and Schools have an obligation to ensure every employee
on both sides has the opportunity to voice their concerns and
feel supported in their environment.
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Dr. Daugherty expressed his support and agreed there is no way
that should ever happen.
Ms. Haley expressed her appreciation for his support and stated
she hopes the audit will show no evidence of harassment or
bullying because employees are entitled to a safe environment.
Mr. Carroll reiterated Mr. Holland's point that classrooms are
• not the only place where education can take place. He
envisioned many alternative locations for classes which would
allow for social distancing and encouraged outreach to the
business community to identify and take advantage of those
locations.
Mr. Ingle stated some teachers have expressed their concerns
to him relative to the CEA putting up stickers in the schools
to signify who is a member of the CEA. He further stated while
this may seem benign, it causes some teachers to feel like they
are being bullied or called out.
Dr. Daugherty clarified that he does not control the CEA and
stated if that did occur, or if things happened, that it be
brought to bear and rectified immediately.
In response to Mr. Ingle's question, Dr. Daugherty confirmed
he does control what goes in the schools, and Schools would
look at the issue.
Ms. Haley thanked Dr. Daugherty for coming and expressed the
Board's willingness to step up and assist however it can.
• Dr. Daugherty thanked the Board and stated he looks for a
continued growing partnership.
10.B. OTHER COUNTY ADMINISTRATION UPDATES
• Dr. Casey announced the FY2021 Budget -in -Brief is now
available online. He encouraged all citizens and
businesses to review the document to learn how their tax
dollars are collected and spent. He noted a graph which
shows the spending priorities of the Board, the top two
of which are education and public safety. He stated more
documents with greater line item detail are also available
online, and staff is ready to answer any questions from
citizens or the Board.
• Dr. Casey provided an update on an ongoing effort to
foster more engagement with all segments of the community.
He announced Ms. Kimberly Conley, who has served the
county well for a long time in a variety of constituent
• matters, is shifting into a revised role where she will
focus her time on engaging with the county's African
American community in a manner similar to Mr. Juan
Santacoloma's work with the Hispanic community.
Ms. Conley expressed her appreciation for the opportunity
to serve in this exciting role. She stated she looks
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forward to expanding and enhancing the county's diversity
initiative.
Ms. Haley stated the Board is excited to have Ms. Conley
step into this new role and use her strong connections to
advance the interests of the African American community.
Mr. Holland expressed his appreciation to Ms. Conley for
her assistance with recent community conversations
between faith leaders and police personnel. He stated
diversity is an area that needs improvement throughout
the Police Department and the county as a whole. He
further stated diversity of thought is critically
important to ensure excellence.
Mr. Carroll noted Ms. Conley's coordination of a recent
birthday celebration for a 103 -year-old World War II
veteran and expressed his appreciation for her assistance
as he transitioned onto the Board.
Mr. Winslow stated Ms. Conley is extremely sincere and
willing to engage on any topic, and she is a marvelous
fit for this position. He offered his support as the
county holds community conversations to listen, learn,
and try to do the right thing for everybody.
Mr. Ingle stated he hopes Ms. Conley's role will bring
more unity in the community.
11. BOARD MEMBER REPORTS
Ms. Haley announced her recent ride -along with Senior Officer
Gabriel Percival and Lieutenant Justin Aronson's team. She
stated throughout the many activities the officers' main focus
was always the safety of citizens. She further stated she got
a real sense of the community within the Police Department,
and she expressed her pride in and support of.the county's law
enforcement personnel.
Mr. Ingle announced both he and Mr. Holland attended a ribbon -
cutting ceremony for the county's fourth Build A House project
known as Pine Forest located in the Bermuda District. He stated
the facility is now a home, a care facility, and a place of
employment, and approximately 100 Technical Center students
participated in the construction of the facility and learned
skills that will benefit them for a lifetime. He thanked
Chester resident Mr. Henry
land made the project possix
in the project should be pr
done. He then announced h.
upcoming Citizen Police Acad(
response to citizen concern
Police Department. He state,
members of the community to
about many aspects of the
department's structure; its
tactics and use -of -force sc
and professional standards.
will have the opportunity to
Zoore whose generous donation of
le. He stated all those involved
,ud of their work and a job well
s participation in one of two
mies organized by Colonel Katz in
and inquiries relative to the
Colonel Katz has invited those
oin one of the sessions to learn
Police Department such as the
role in school safety; defensive
�narios; special response units;
He further stated participants
ride along with an officer.
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7/22/2020
t
r�
Mr. Carroll announced he, too, recently participated in a ride -
along in a prisoner transport vehicle. He noted the awesome
responsibility of transport officers to care for prisoners in
their custody, including implementing enhanced measures to
stop the spread of COVID-19 by disinfecting the vehicle after
each transport. He stated the county's Police personnel are
working hard and the county is fortunate to have them. He
announced he had the opportunity to teach Constitutional Law
• to a new, bright class of 19 police recruits and stated he
looks forward to the opportunity to ride along with them once
they are on the road.
Mr. Holland noted the passing of John Lewis, a Civil Rights
icon and American hero who exhibited courage and fortitude on
Bloody Sunday in 1965 as he was marching on the Edmund Pettus
Bridge for the right to vote. He shared Mr. Lewis' quote to
get into some good trouble. He also noted the passing of
another Civil Rights icon, Reverend C. T. Vivian, who died at
the age of 95. He stated Reverend Vivian's life was about
service and making a difference to ensure everyone shares in
liberty and the pursuit of happiness as enshrined in our
Constitution. He expressed his appreciation for their legacy
and their endurance.
12. RESOLUTIONS AND SPECIAL RECOGNITIONS
12.A. RECOGNIZING SERGEANT MARK A. FROMAL, POLICE DEPARTMENT,
UPON HIS RETIREMENT
• Colonel Jeffrey Katz introduced Sergeant Mark Fromal, who was
present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Carroll, the Board
adopted the following resolution:
WHEREAS, Sergeant Mark A. Fromal will retire from the
Chesterfield County Police Department on August 1, 2020 after
providing over 36 years of quality service to the residents of
Chesterfield County; and
WHEREAS, Sergeant Fromal has served in various
assignments throughout his law enforcement career to include
Field Training Officer, Uniformed Operations Administrative
Sergeant, Jefferson Davis Corridor Project Coordinator; Marine
Patrol Supervisor; Economic Crime and Auto Theft Supervisor,
Investigations Administrative Sergeant, Police Color Guard
Team Leader, Training Sergeant, Audit and Inspections
Sergeant; Court Liaison Sergeant, and Property and Evidence
Sergeant; and
WHEREAS, Sergeant Fromal is known as being detail oriented
• which contributed to his success in each of his assignments;
and
WHEREAS, Sergeant Fromal was awarded a Chief's
Commendation while serving on the Fugitive/Warrant Task Force
for his diligent work and success in achieving a major
reduction in the number of outstanding warrants, establishing
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a new warrant policy and for developing a "Most Wanted Persons"
segment with a local cable television service; and .
WHEREAS, Sergeant Fromal took time to motivate and develop
young officers to be above average officers; and
WHEREAS, Sergeant Fromal is recognized for strong work
ethic, his teamwork, and excellent communications and human
relations skills, all of which he has utilized within the
Police Department and in assisting residents of Chesterfield •
County during his career; and
WHEREAS, Sergeant Fromal has received numerous letters of
commendation, thanks and appreciation for services rendered;
and
WHEREAS, Sergeant Fromal has provided the Chesterfield
County Police Department with many years of loyal and dedicated
service; and
WHEREAS, Chesterfield County and the Board of Supervisors
will miss Sergeant Fromal's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 22nd day of July 2020,
publicly recognizes Sergeant Mark A. Fromal 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 Sergeant Fromal, and that this resolution be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
Colonel Katz presented the executed resolution to Sergeant
Fromal, accompanied by his wife, and expressed appreciation
for his outstanding service and leadership.
Ms. Haley thanked Sergeant Fromal for his 36 years of service
and wished him the best in his retirement.
A standing ovation followed.
Mr. Carroll stated Sergeant Fromal is wise beyond his years
and he has been a good mentor for Police personnel.
Dr. Casey presented Sergeant Fromal with an engraved brick and
expressed appreciation for his outstanding service to the
county and wished him well in his retirement.
Sergeant Fromal thanked his wife, Kim, for her love and support
and credited her for his success. He thanked the Board, Dr.
Casey, and Colonel Katz for the opportunity and stated it has
been his honor and privilege to serve the citizens of the
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•
county. He expressed his hope to continue serving in some small
way in the future.
13. NEW BUSINESS
13.A. APPOINTMENTS
13.A.1. RICHMOND REGIONAL TRANSPORTATION PLANNING
• ORGANIZATION'S COMMUNITY TRANSPORTATION
ADVISORY COMMITTEE
On motion of Mr. Carroll, seconded by Mr. Winslow, the Board
nominated/appointed/reappointed the following individuals to
serve as members on the Richmond Regional Transportation
Planning Organization's Community Transportation Advisory
Committee, whose terms are effective July 1, 2020 and expire
June 30, 2022: Mr. Herbert Richwine (at -large representative);
Ms. Susan Beals (replacing Mr. Jonathan Jackson as an at -large
representative); and Mr. Starrie Jordan (replacing Ms. Billie
Robinson as the alternate representative).
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.A.2. COMMUNITY CRIMINAL JUSTICE BOARD
On motion of Mr. Holland, seconded by Mr. Carroll, the Board
nominated and reappointed Mr. Steven Novey to serve as a
citizen representative on the Community Criminal Justice Board,
• whose term is effective on July 1, 2020, and will expire June
30, 2022.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B. CONSENT ITEMS
13.B.1. ADOPTION OF RESOLUTIONS
13.B.1.a. RECOGNIZING KEVIN D. LEWIS, SR., SHERIFF'S OFFICE,
UPON HIS RETIREMENT
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Mr. Kevin D. Lewis, Sr. has faithfully served
Chesterfield County for 20 years; and
WHEREAS, Mr. Kevin D. Lewis, Sr. was hired on June 24,
2000, and was assigned to the Corrections Division; and
• WHEREAS, on June 24, 2000, Deputy First Class Kevin D.
Lewis, Sr. joined the Chesterfield County Sheriff's Office as
a deputy under Clarence G. Williams, Jr., served under Dennis
S. Proffitt and current Sheriff Karl S. Leonard; and
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WHEREAS, Dep. Kevin D. Lewis, Sr. was assigned to the
Corrections Bureau where he was instrumental in preparing that
unit for the transition to the new jail facility and served in
this business area for the duration of his career; and
WHEREAS, on November 21, 2015 Deputy Kevin D. Lewis, Sr.
met all requirements to qualify as a Deputy First Class; and
WHEREAS, Deputy First Class Kevin D. Lewis, Sr. has aided
in ensuring that employees of the Sheriff's Office meet the •
highest standards by serving as a field training officer; and
WHEREAS, Deputy First Class Kevin D. Lewis, Sr. received
several letters of appreciation and one letter of commendation
for his dedication and service to the employees and citizens
of Chesterfield County; and
WHEREAS, Deputy First Class Kevin D. Lewis, Sr. was
awarded the Accreditation Cluster 2011 and again in 2015; and
WHEREAS, in 2010, Deputy First Class Kevin D. Lewis, Sr.
was awarded the Good Conduct Ribbon while in the performance
of the Sheriff's Office.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Deputy .First Class Kevin D. Lewis, Sr.,
expresses the appreciation of all residents for his service to
Chesterfield County and extends appreciation for his dedicated
service to the county and congratulations upon his retirement,
as well as best wishes for a long and happy retirement.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
•
Nays: None.
13.B.1.b. RECOGNIZING MS. JENNIFER R. PICARDAT, CHESTERFIELD
COUNTY UTILITIES DEPARTMENT, UPON HER RETIREMENT
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, Ms. Jennifer R. Picardat will retire from the
Chesterfield County Utilities Department on August 1, 2020;
and
WHEREAS, Ms. Picardat began her public-service career
with the Chesterfield County Utilities Department on March 29,
1995, as a meter reader who learned and mastered using the
meter -reading equipment and other tools necessary to perform
daily meter -reading responsibilities; and
WHEREAS, as a meter reader, Ms. Picardat earned several •
recognitions such as meter reader of the month multiple times
and received a letter of accommodation from the director for
exceptional teamwork for her willingness to take on other job
duties; and
WHEREAS, Ms. Picardat was promoted to senior meter reader
on April 28, 2001, due to her dedication, hard work,
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promptness, communications skills, teamwork, and participation
in departmental activities; and
WHEREAS, Ms. Picardat held the position of senior meter
reader until her retirement, and during that time, she ensured
all customers' needs were served in an expeditious, courteous,
effective and prompt manner where she received complimentary
emails, letters, and calls from customers regarding the
excellent customer service she provided to them; and
• WHEREAS, Ms. Picardat received recognition from
supervisors for teamwork, using good judgment when talking to
customers, resolving field issues, providing customers with
proper solutions, and participating in community activities;
and
WHEREAS, Ms. Picardat has been an asset to the Utilities
Department because of her dedication to customer service, her
high degree of integrity, her motivation to meet challenges,
her participation on numerous process action teams, her quality
service, and her sensitivity in respecting diverse
experiences, cultures and backgrounds; and
WHEREAS, Ms. Picardat has mentored other employees by
sharing her knowledge to help improve their skills and
encouraging them to be successful in helping customers and
providing quality service; and
WHEREAS, Ms. Picardat has been a dependable and dedicated
employee with an exemplary work ethic that exceeded
expectations, meeting daily and monthly goals, meeting
• deadlines and going the extra mile; and
WHEREAS, Ms. Picardat remained flexible and positive in
an ever-changing field -services environment which management
recognized and appreciated; and
WHEREAS, Ms. Picardat was committed to supporting
excellence in local government and exhibited knowledge, pride,
and quality in the work she has performed at the Utilities
Department.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Jennifer R. Picardat, expresses the appreciation of all
residents for her service to the county, and extends their
appreciation for her dedicated service and their
congratulations upon her retirement.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
• 13.B.1.c. RECOGNIZING MS. LINDA C. JONES, CHESTERFIELD COUNTY
UTILITIES DEPARTMENT, UPON HER RETIREMENT
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
adopted the following resolution:
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WHEREAS, Mrs. Linda C. Jones will retire from the
Chesterfield County Utilities Department on August 1, 2020;
and
WHEREAS, Mrs. Jones began her public-service career with
the Chesterfield County Utilities Department on November 10,
2003, as a customer service representative in the Utilities
Department's billing section where she learned and mastered
the billing system to ensure it provided customers with
accurate bimonthly bills; and •
WHEREAS, as a customer service representative -for
billing, Mrs. Jones processed and reviewed bill -adjustment
requests from customers who experienced leaks or plumbing
issues; and
WHEREAS, Mrs. Jones was promoted to a principal account
clerk in 2008, and to a senior customer service representative
in 2015, because of her strong work ethic which she used to
research and complete bill adjustments in a timely and
efficient manner while providing the best possible solutions
for customers; and
WHEREAS, Mrs. Jones dispatched service orders to field
representatives to complete meter investigations to ensure
customers' meters were working properly in order to calculate
the correct amount for billing; and
WHEREAS, Mrs. Jones oversaw the actual printing of
customers' bills and worked diligently with the county's print
shop throughout her career to coordinate the process and verify
the quantity and quality of the printed bills to ensure they •
were presentable and legible for our customers; and
WHEREAS, Mrs. Jones consistently received recognition
from supervisors for being a team player, for using good
judgment when making bill adjustments and resolving customers'
issues, for providing customers with proper resolutions, and
for participating in community activities; and
WHEREAS, Mrs. Jones made exceptional contributions to the
department by providing world-class customer service that
exceeded customer expectations; by participating in team
projects; and by mentoring other employees and sharing her
knowledge to improve their skills and encouraging them to be
successful; and
WHEREAS, Mrs. Jones has been a dependable, kind, and
dedicated employee with an exemplary work ethic; and
WHEREAS, Mrs. Jones has exceeded expectations and
demonstrated the ability to perform a wide range of assignments
while remaining flexible and positive in an ever-changing
environment that always presented new challenges with the •
introduction of new technology; and
WHEREAS, throughout her career Mrs. Jones always met these
challenges to ensure daily operations were successful, and the
Utilities Department will be forever grateful for her
commitment to providing excellent customer service.
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NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Linda C. Jones, expresses the appreciation of all residents
for her service to the county, and extends their appreciation
for her dedicated service and their congratulations upon her
retirement.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
• Nays: None.
13.B.1.d. SMART SCALE PROJECT ENDORSEMENT FOR CITY OF
PETERSBURG'S APPOMATTOX RIVER TRAIL FROM
SQUAW ALLEY TO I-95
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, it is necessary that the local governing body
endorse Smart Scale candidate projects submitted by an adjacent
locality that cross into their locality.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of Chesterfield County expresses it support of the
City of Petersburg Smart Scale candidate project, Appomattox
River Trail from Squaw Alley to I-95.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
• 13.B.2. REAL PROPERTY REQUESTS
13.B.2.a. ACCEPTANCE OF PARCELS OF LAND
13.B.2.a.1. ALONG CATTAIL ROAD FROM ROPER INVESTMENTS, L.L.C.
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.197
acres along Cattail Road from Roper Investments, L.L.C. and
authorized the County Administrator to execute the deed. (It
is noted a copy of the plat is filed with the papers of this
Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.2.b. REQUESTS FOR PERMISSION
13.B.2.b.1. TO CONNECT'PROPERTY AT 207 SWIFT CREEK LANE TO
THE CITY OF COLONIAL HEIGHTS' WATER SYSTEM
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
granted Lin Mark Henshaw Enterprises, Inc. permission to
connect property at 207 Swift Creek Lane to the City of
Colonial Heights' water system and authorized the County
Administrator to execute the water connection agreement in a
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form acceptable to the County Attorney. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.2.b.2. TO CONNECT PROPERTY AT 211 SWIFT CREEK LANE TO
THE CITY OF COLONIAL HEIGHTS' WATER SYSTEM
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
granted Lin Mark Henshaw Enterprises, Inc. permission to
connect property at 211 Swift Creek Lane to the City of
Colonial Heights' water system and authorized the County
Administrator to execute the water connection agreement in a
form acceptable to the County Attorney. (It is noted a copy of
the plat is filed with the papers of this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.3. AWARD OF THE CONSTRUCTION CONTRACT FOR COUNTY PROJECT
#16-0035, WASTEWATER PUMP STATIONS ELECTRICAL SAFETY
IMPROVEMENTS
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
authorized the Director of Procurement to award the
construction contract to Triad Electrical Solutions, Inc in
the amount of $133,131 and execute all necessary change orders
up to the full amount budgeted for the Wastewater Pump Stations
Electrical Safety Improvement project.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.4. AWARD OF CONSTRUCTION CONTRACT FOR COUNTY CONTRACT #
19-0248 OPERATIONS CENTER EQUIPMENT SHEDS
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
authorized the Director of Procurement to award the
construction contract to Waco, Inc in the amount of $275,000
and execute all necessary change orders up to the full amount
budgeted for the Operations Center Equipment Sheds project.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.5. SET A PUBLIC HEARING TO CONSIDER THE ABANDONMENT OF
A PORTION OF DEERLEAF COURT, STATE ROUTE 7335
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
adopted the following resolution to set a public hearing for
August 26, 2020:
Resolution of Chesterfield County's Intention to Consider a
Resolution and Order to Abandon a Portion of Deerleaf Court,
State Route 7335.
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Pursuant to Section 33.3-909 of the Code of Virginia,
1950, as amended, be it resolved that the Chesterfield County
Board of Supervisors hereby gives notice that at a public
hearing to be held on August 26, 2020, it will consider a
Resolution and Order to abandon a portion of Deerleaf Court,
State Route 7335, a distance of 0.03 miles, since it serves no
public necessity and is no longer needed as part of the
Secondary System of State Highways.
Accordingly, the Clerk of the Board shall send a copy of
this Resolution to the Commissioner of Highways. The clerk
shall further cause to be published and posted the required
notices of the Board's intention to abandon a portion of
Deerleaf Court, State Route 7335.
And, further, the Board approved notification to the
Commissioner of Highways of the county's intention to consider
the abandonment of a portion of Deerleaf Court, State Route
7335, from the Secondary System of State Highways.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.6. SET A PUBLIC HEARING TO AMEND AND REENACT CHAPTER 5
OF THE COUNTY CODE TO ADD S 5-12 REGARDING BLIGHTED
PROPERTY DECLARATIONS AND TO DECLARE TWO PROPERTIES
BLIGHTED
On motion of Mr. Ingle, seconded by Mr. Holland, the Board set
• the date of August 26, 2020, as a public hearing for the Board
to consider amending Chapter 5 of the County Code to add
Section 5-12 regarding Blighted Property Declarations and
declaring the properties at 1358 Old Bon Air Road (parcel ID:
750712434100000) and 4731 Black Oak Road (parcel ID:
779676310900000) are blighted.
•
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.7. SET A PUBLIC HEARING REGARDING THE APPROPRIATION OF
THE REMAINING $20.8 MILLION IN CARES ACT FUNDING
On motion of Mr. Ingle, seconded by Mr. Holland, the Board set
the date of August 26, 2020, as a public hearing for the Board
to consider appropriation of the remaining $20.8 million in
CARES Act funding.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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13.B.8. ACCEPT AND APPROPRIATE A $1,875,000 COPS HIRING
GRANT PROGRAM AWARD AND INCREASE POLICE DEPARTMENT
STAFFING BY 15 FULL-TIME POSITIONS TO ACCOMMODATE THE
AWARD CRITERIA
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
accepted and appropriated a COPS Hiring Program grant, in the
amount of $1,875,000, from the US Department of Justice for
the Chesterfield County Police Department to hire 15 additional
officers beyond the general budget allocation.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.9. AUTHORIZE THE FIRE AND EMS DEPARTMENT, TO RECEIVE
AND APPROPRIATE $57,421 IN GRANT FUNDS FROM THE
DEPARTMENT OF HOMELAND SECURITY, 2020 ASSISTANCE TO
FIREFIGHTERS GRANT PROGRAM - COVID-19 SUPPLEMENTAL
AWARD
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
authorized the Fire and EMS Department to receive and
appropriate $57,421 in grant funds from the Department of
Homeland Security, 2020 Assistance to Firefighters 'Grant
Program - COVID-19 Supplemental Award.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.10. AUTHORIZE THE RECEIPT AND APPROPRIATION OF $159,870 •
IN CARES ACT FUNDING FOR USE BY THE REGISTRAR TO
SUPPORT COSTS ASSOCIATED WITH THE 2020 PRESIDENTIAL
TPT.17rrrTOW
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
authorized the receipt and appropriation of $159,870 in CARES
Act funding for the Registrar to support costs associated with
the 2020 Presidential Election.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.11. AUTHORIZE THE RECEIPT AND APPROPRIATION OF
2019 STATE HOMELAND SECURITY GRANT FUNDS
FROM THE DEPARTMENT OF HOMELAND SECURITY
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
authorized the Fire and EMS Department to receive and
appropriate $60,000 in 2019 State Homeland Security Grant funds
from the Department of Homeland Security.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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13.B.13. ADOPTION OF A RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE AND DELIVERY OF AN
ISSUE NOT TO EXCEED $65,000,000 FOR REFUNDING
OF GENERAL OBLIGATION AND GENERAL OBLIGATION
PUBLIC IMPROVEMENT REFUNDING BONDS
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
adopted the following resolution:
RESOLUTION PROVIDING FOR THE ISSUANCE,
SALE AND AWARD OF GENERAL OBLIGATION
REFUNDING BONDS OF THE COUNTY OF
CHESTERFIELD, VIRGINIA, PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF AND
PROVIDING FOR THE REFUNDING OF OUTSTANDING
BONDS OF THE COUNTY
WHEREAS, the County of Chesterfield, Virginia (the
"County"), may achieve debt service savings by refunding a
portion of its outstanding general obligation bonds (such
refunded portion, the "Refunded Bonds");
WHEREAS, the County administration, in consultation with
Davenport & Company LLC, the County's financial advisor (the
"Financial Advisor"), has recommended to the Board of
Supervisors of the County (the "Board") that the County issue
and sell one or more series of its general obligation refunding
bonds to refund the Refunded Bonds and to pay the related costs
of issuance and refunding; and
WHEREAS, the Board desires to delegate to the County
Administrator (such term as used herein to include the County
Administrator and the Deputy County Administrator for Finance
and Administration) the authority to determine which of its
outstanding general obligation bonds, or portions thereof, if
any, will constitute the Refunded Bonds;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CHESTERFIELD, VIRGINIA:
1. Issuance of Bonds. There shall be issued and sold,
pursuant to the Constitution and statutes of the Commonwealth
of Virginia, including the Public Finance Act of 1991, one or
more series of general obligation refunding bonds (the "Bonds")
of the County in a maximum aggregate principal amount not to
exceed the amount necessary to (a) amortize the principal of
and premium, if any, and interest on the Refunded Bonds and
(b) pay all expenses reasonably incurred in the issuance of
the Bonds, less the amounts then in any sinking, escrow or
other funds that are available for the payment of the principal
of or premium, if any, or interest on the Refunded Bonds.
Proceeds of the Bonds shall be applied to refund the Refunded
Bonds and to pay the related costs of issuance and refunding.
0 2. Bond Details.
(a) The Bonds shall
Obligation Refunding Bonds, Series
or such other designation as the
determine, shall be in registered
date as may be determined by the
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be designated "General
2020B (Federally Taxable),"
County Administrator shall
form, shall be dated such
County Administrator, shall
7/22/2020
be in denominations of $5,000 and integral multiples thereof
and shall be numbered R-1 upward. Subject to Sections 1 and
8, the issuance and sale of the Bonds are authorized on terms
as shall be satisfactory to the County Administrator; provided,
however, that (i) the Bonds shall mature, or be subject to
mandatory sinking fund redemption in annual installments
ending, not more than forty years from their dated date or
dates, (ii) the refunding of the Refunded Bonds shall result
in present value savings in excess of 3.001 of the principal of
the Refunded Bonds and generate at least $500,000 in aggregate
savings, and (iii) the Bonds may be sold at any time on or
before December 31, 2020.
(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
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 Blanket 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 County Administrator or
Director of Budget and Management, either of whom may act,
shall, at the direction of the County, attempt to locate
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another qualified securities depository to serve as Securities
Depository and authenticate and deliver certificated Bonds to
the new Securities Depository or its nominee, or authenticate
and deliver certificated Bonds to the beneficial owners or to
the Securities Depository participants on behalf of beneficial
owners substantially in the form provided for in Section 5;
provided, however, that such form shall provide for interest
on the Bonds to be payable (X) from the date of the Bonds if
they are authenticated prior to the first interest payment date
or (Y) otherwise from the interest payment date that is or
immediately precedes the date on which the Bonds are
authenticated (unless payment of interest thereon is in
default, in which case interest on such Bonds shall be payable
from the date to which interest has been paid). In delivering
certificated Bonds, the County Administrator 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 Blanket
Letter of Representations such provisions of the Blanket Letter
of Representations, except to the extent set forth in this
paragraph and Subsection 2(d), shall control.
3. Redemption Provisions.
(a) The Bonds may be subject to redemption prior to
maturity at the option of the County on or after the dates, if
any, determined by the County Administrator, in whole or in
part (in integral multiples of $5,000) at any time, at a
redemption price equal to the principal amount of the Bonds,
together with any interest accrued to the date fixed for
redemption, plus a redemption premium not to exceed 2.00 of
the principal amount of the Bonds, such redemption premium to
• be determined by the County Administrator.
(b) Any Bonds sold as term bonds may be subject to
mandatory sinking fund redemption upon terms determined by the
County Administrator.
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(c) If less than all of the Bonds are called for
redemption, the maturities of the Bonds to be redeemed shall
be selected by the County Administrator 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 the Bonds of a particular maturity are called
for redemption, the Bonds 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 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.
(d) In the case of an optional redemption, the
notice may state that (i) it is conditioned upon the deposit
of moneys, in an amount equal to the amount necessary to effect
the redemption, no later than the date fixed for redemption or
(ii) the County retains the right to rescind such notice on or
prior to the date fixed for redemption (in either case, a
"Conditional Redemption"), and such notice and optional
redemption shall be of no effect if such moneys are not so
deposited or if the notice is rescinded as described herein.
Any Conditional Redemption may be rescinded at any time. The
County shall give prompt notice of such rescission to the
affected bondholders. Any Bonds subject to Conditional
Redemption where redemption has been rescinded shall remain
outstanding, and the rescission shall not constitute an event
of default. Further, in the case of a Conditional Redemption,
the failure of the County to make funds available on or before
the date fixed for redemption shall not constitute an event of
default, and the County shall give immediate notice to all
organizations registered with the Securities and Exchange
Commission (the "SEC") as securities depositories or the
affected bondholders that the redemption did not occur and that
•
the Bonds called for redemption and not so paid remain
outstanding.
4. Execution and Authentication. The Bonds shall be
signed by the manual or facsimile signature of the Chair or
Vice Chair of the Board, and the Board's seal shall be affixed
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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 if both of
such signatures are facsimiles, no Bond 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 such bank
and the date of authentication noted thereon.
•
S. 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 Bonds shall be issued in registered form
without coupons, payable to the registered holders or
• registered assigns. The County Treasurer is hereby appointed
as paying agent and registrar for the Bonds (the "Registrar").
The County Administrator is authorized, on behalf of the Board,
to appoint at any time a qualified bank or trust company as
successor Registrar if at any time the County Administrator
determines such appointment is 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 its 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 name (s) as requested by the then registered owner or its
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
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shall be made to the person shown as owner on the registration
books on the applicable Record Date.
8. Sale of Bonds. The Board approves the following
terms of the sale of the Bonds:
(a) The Bonds shall be sold through a competitive
sale or a negotiated sale, as the County Administrator, in
collaboration with the Financial Advisor, determines to be in
the best interests of the County. •
(b) If the County Administrator determines that the
Bonds shall be sold by competitive sale, the County
Administrator is authorized to receive bids for such Bonds and
award such Bonds to the bidder providing the lowest "true" or
"Canadian" interest cost, subject to the limitations set forth
in Sections 1 and 2. Following a competitive sale, the County
Administrator shall file a certificate with the Clerk of the
Board setting forth the final terms of the Bonds. The actions
of the County Administrator in selling the Bonds by competitive
sale shall be conclusive, and no further action with respect
to the sale and issuance of the Bonds shall be necessary on
the part of the Board.
(c) If the Bonds are sold by competitive sale, the
County Administrator, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps
to advertise the Bonds for sale in accordance with the terms
and conditions as shall be provided in the Notice of Sale
relating to the Bonds. The County Administrator is further
authorized to cause to be prepared and disseminated a Notice
of Sale of the Bonds in such form and containing such terms •
and conditions as the County Administrator may deem advisable,
subject to the provisions of this Resolution.
(d) If the County Administrator determines that the
Bonds shall be sold by negotiated sale, the County
Administrator is authorized, in collaboration with the
Financial Advisor, to choose one or more investment banks or
firms to serve as underwriter(s) for the Bonds and to execute
and deliver to the underwriter (s) a bond purchase agreement
(the "Bond Purchase Agreement") in a form to be approved by
the County Administrator in consultation with the County
Attorney and the County's bond counsel. The execution of the
Bond Purchase Agreement by the County Administrator shall
constitute conclusive evidence of his approval thereof.
Following a negotiated sale, the County Administrator shall
file a copy of the Bond Purchase Agreement with the records of
the Board. The actions of the County Administrator in selling
the Bonds by negotiated sale to the underwriter (s) shall be
conclusive, and no further action with respect to the sale and
issuance of the Bonds shall be necessary on the part of the
Board.
9. Approval of Preparation and Execution of Official •
Statement.
(a) The County Administrator and other appropriate
officials and employees of the County are hereby authorized
and directed to prepare and distribute, or cause to be prepared
and distributed, to prospective purchasers of the Bonds a
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Preliminary Official Statement (the "Preliminary Official
Statement") describing the Bonds and the County in a form
consistent with the provisions of this Resolution. All actions
taken by the County Administrator and such other officials and
employees of the County with respect to the preparation and
distribution of the Preliminary Official Statement are hereby
ratified and confirmed.
(b) The County Administrator and other appropriate
• officials and employees of the County are hereby authorized
and directed to prepare, or cause to be prepared, a final
Official Statement (the "Official Statement"), which shall be
in substantially the form of the Preliminary Official Statement
with such completions, omissions, insertions and changes as
are necessary to complete the Official Statement and deem it
final for purposes of Rule 15c-12 (the "Rule") of the SEC.
(c) The County Administrator is hereby authorized
and directed to execute and deliver to the purchasers of the
Bonds the final Official Statement. The County shall arrange
for the delivery to the purchaser of the Bonds of a reasonable
number of printed copies of the final Official Statement,
within seven business days after the Bonds have been sold, for
delivery to each potential investor requesting a copy of the
Official Statement and to each person to whom the purchaser
initially sells Bonds.
10. 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 in 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.
11. 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
purchaser thereof upon payment therefor.
12. Continuing Disclosure Agreement. The Chair or Vice
Chair of the Board or the County Administrator, any of whom
may act, are hereby authorized and directed to execute a
continuing disclosure agreement (the "Continuing Disclosure
Agreement") setting forth the reports and notices to be filed
• by the County and containing such covenants as may be necessary
to assist the purchaser of the Bonds in complying with the
provisions of the Rule promulgated by the SEC. The Continuing
Disclosure Agreement shall be substantially in the form of the
County's prior continuing disclosure agreements, which is
hereby approved for purposes of the Bonds; provided that the
County Administrator, in collaboration with the Financial
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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.
13. Deposit of Bond Proceeds. The County Treasurer is
authorized and directed to provide for delivery of the proceeds
of the Bonds to or at the direction of the County in such •
manner as necessary to refund the Refunded Bonds and to pay
the related costs of issuing the Bonds and refunding the
Refunded Bonds.
14. Escrow Deposit Agreement. The County Administrator
and the County Treasurer, either of whom may act, are
authorized and directed to execute an escrow deposit agreement
in connection with the Refunded Bonds (the "Escrow Agreement")
between the County and an escrow agent to be appointed by the
County Administrator (the "Escrow Agent"). The Escrow
Agreement shall be in the form approved by the County
Administrator, in collaboration with the County Attorney and
the County's bond counsel. The execution and delivery of the
Escrow Agreement by any of such authorized signatories shall
constitute conclusive evidence of their approval of the Escrow
Agreement. The Escrow Agreement shall provide for the
irrevocable deposit of a portion of the Bond proceeds in an
escrow fund that shall be sufficient, when invested in
noncallable obligations of, or unconditionally guaranteed by,
the United States Government (the "Government Obligations"),
to provide for payment of principal of and premium, if any,
and interest on the Refunded Bonds. The Escrow Agent is
authorized to execute, on behalf of the County, an initial and
final subscription form for the purchase of the Government
Obligations, if and as necessary.
15. Redemption of Refunded Bonds. The County
Administrator is authorized and directed to determine which of
the County's outstanding general obligation bonds, or portions
thereof, shall constitute the Refunded Bonds. The County
Administrator shall direct that notices of redemption be given
to the registered owners of the Refunded Bonds in accordance
with the terms of the Refunded Bonds.
16. SNAP Investment Authorization. The Board hereby
authorizes the County Treasurer, in her discretion, to utilize
the State Non -Arbitrage Program of the Commonwealth of Virginia
("SNAP") in connection with the investment of the proceeds of
the Bonds. The Board acknowledges that the Treasury Board of
the Commonwealth of Virginia is not, and shall not be, in any
way liable to the County in connection with SNAP, except as
otherwise provided in the Contract.
17. 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 refunding of the Refunded Bonds 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
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•
�J
•
action as may be considered necessary or desirable in
connection with the issuance, sale and delivery of the Bonds
and the refunding of the Refunded Bonds.
18. Repeal of Conflicting Resolutions. All resolutions
or parts of resolutions -in conflict herewith are repealed.
19. Effective Date. This Resolution shall take effect
immediately.
EXHIBIT A
[FORM OF BOND]
Unless this certificate is presented by an authorized
representative of The Depository Trust Company, a New York
corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange or payment, and any
certificate is registered in the name of Cede & Co., or in such
other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other
entity as is requested by an authorized representative of DTC),
ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE
BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered
owner hereof, Cede & Co., has an interest herein.
REGISTERED
No. R -
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF CHESTERFIELD
General Obligation Refunding Bond
Series 2020B (Federally Taxable)
INTEREST RATE
REGISTERED OWNER:
PRINCIPAL AMOUNT:
MATURITY DATE
CEDE & CO.
DATED DATE
. 2020
REGISTERED
CUSIP
DOLLARS
The County of Chesterfield, Virginia (the "County"), for
value received, promises to pay, upon surrender hereof to the
registered owner hereof, or its registered assigns or legal
representative, the principal sum stated above on the maturity
date stated above, subject to prior redemption as hereinafter
provided, and to pay interest hereon from its date semiannually
on each _ and—
beginning ,
at the annual rate stated above, calculated on the basis of a
360 -day year of twelve 30 -day months. Principal[, premium, if
any, ] and interest are payable in lawful money of the United
States of America by the County Treasurer, who has been
appointed paying agent and registrar (the "Registrar") for the
Bonds (as hereinafter defined). If any payment date with
respect to the Bonds is not a Business Day (as hereinafter
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7/22/2020
defined), such payment shall be made on the next succeeding
Business Day with the same effect as if made on the 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.
Notwithstanding any other provision hereof, this bond is
subject to a book -entry system maintained by The Depository
Trust Company ("DTC"), and the payment of principal[, premium,
if any,] and interest, the providing of notices and other
matters shall be made as described in the- County's Blanket
Letter of Representations to DTC.
This bond is one of an issue of $ General
Obligation Refunding Bonds, Series 2020B (Federally Taxable)
(the "Bonds"), of like date and tenor, except as to number,
denomination, rate of interest, privilege of redemption and
maturity. The Bonds are issued pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the
Public Finance Act of 1991, and a resolution adopted by the
Board of Supervisors of the County (the "Board") on [July 22,
20201 (the "Resolution"), to refund certain outstanding general
obligation bonds of the County and to pay the related costs of
issuance and refunding.
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.
Optional Redemption Provisions. Bonds maturing on or
before 20_, are not subject to redemption prior to
maturity. Bonds maturing on or after 20_, are
subject to redemption prior to maturity at the option of the
County on or after-
20_, in whole or in part (in
integral multiples of $5,000) at any time, upon payment of the
following redemption prices (expressed as a percentage of
principal amount of Bonds to be redeemed) plus interest accrued
and unpaid to the date fixed for redemption:
Period During Which Redeemed Redemption
Both Dates Inclusive Price
20 , to 20 0
20 , to 20
20 , and thereafter
[Mandatory Sinking Fund Redemption Provisions. Bonds
maturing on [20_], are required to be redeemed in
part before maturity by the County on [ --
] in the years
and amounts set forth below, at a redemption price equal to
the principal amount of the Bonds to be redeemed, plus interest
accrued and unpaid to the date fixed for redemption:
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•
•
Year Amount Year Amount
Selection of Bonds to be Redeemed. If less than all of
the Bonds are called for redemption, the maturities of the
Bonds to be redeemed shall be selected by the County
Administrator, the Deputy County Administrator for Finance and
Administration or the Director of Budget and Management of the
• County, any 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 within such maturity to be redeemed
shall be selected by DTC or any successor 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, (a) the portion of any Bond to be
'redeemed shall be in the principal amount of $5,000 or some
integral multiple thereof and (b) 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 DTC or its nominee as the
registered owner of the Bonds. If a portion of this bond is
called for redemption, a new bond in the principal amount of
the unredeemed portion hereof shall be issued to the registered
• owner upon surrender hereof.
Conditional Notice. Subject to the provisions of the
Resolution, the County may give a notice of redemption prior
to a deposit of redemption moneys if such notice states that
the redemption is to be funded with the proceeds of a refunding
bond issue and is conditioned on the deposit of such proceeds.
Provided that moneys are deposited on or before the date fixed
for redemption, such notice shall be effective when given. If
such proceeds are not available on the date fixed for
redemption, such Bonds will continue to bear interest until
paid at the same rate they would have borne had they not been
called for redemption. On presentation and surrender of the
Bonds called for redemption at the place or places of payment,
such Bonds shall be paid and redeemed.
The Registrar shall treat the registered owner of this
bond as the person exclusively entitled to payment of principal
of [and premium, if any,] and interest on this bond and the
exercise of all other rights and powers of the owner, except
that interest payments shall be made to the person shown as
the owner on the registration books on the 15th day of the
month preceding each interest payment date.
All acts, conditions and things required by the
Constitution and statutes of the Commonwealth of Virginia to
happen, exist or be performed precedent to and in connection
with the issuance of this bond have happened, exist and have
been performed, and the issue of Bonds of which this bond is
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one, together with all other indebtedness of the County, is
within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the County of Chesterfield, Virginia,
has caused this bond to be to be signed by the Chair or Vice
Chair of the Board of Supervisors of the County, its seal to
be affixed hereto and attested by the Clerk or Deputy Clerk of
the Board of Supervisors of the County, and this bond to be
dated the date.first above written.
(SEAL)
Chair, Board of Supervisors of
the County of Chesterfield,
Virginia
(ATTEST)
Clerk, Board of Supervisors of
the County of Chesterfield, Virginia
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•
•
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s),
transfer(s) unto
assign(s) and
(Please print or type name and address, including postal zip
code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably
constituting and appointing
Attorney, to transfer said bond on the books kept for the
registration thereof, with full power of substitution in the
premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be
guaranteed by an Eligible
Guarantor Institution such as
a Commercial Bank, Trust
• Company, Securities Broker/
Dealer, Credit Union or Savings
Association who is a member of
a medallion program approved by
The Securities Transfer
Association, Inc.
(Signature of Registered
Owner)
NOTICE: The signature above
must correspond with the name
of the registered owner as it
appears on the front of this
bond in every particular,
without alteration or
enlargement or any change
whatsoever.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.14. AUTHORIZE A ONE-TIME WAIVER IN FY2020 OF THE
ROLLOVER CAP ON DISTRICT IMPROVEMENT FUNDS TO
MAKE AVAILABLE IN FY2021 FUNDS THAT WERE UNABLE
TO BE SPENT DUE TO THE COVID-19 PANDEMIC
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
authorized a one-time waiver in FY2020 of the rollover cap on
District Improvement Funds to make available in FY2021 funds
that were unable to be spent due to the COVID-19 pandemic.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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13.B.15. RENT AND MORTGAGE RELIEF PROGRAM (RMRP) FUNDING
ALLOCATION
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
appropriated funding to Area Congregations Together Service
(ACTS) in the amount of $50,000 to assist Chesterfield County
renters and homeowners that have been impacted by COVID-19.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None. •
13.B.16. INITIATE AN APPLICATION FOR CONDITIONAL USE TO
PERMIT A PRIVATE SCHOOL & DAY CARE INCIDENTAL TO
THE CHURCH ON A TOTAL OF 6 ACRES LOCATED AT 12207,
12217, 12227 AND 12301 SECOND BRANCH ROAD
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
initiated an application for Conditional Use to permit a
private school & day care incidental to Second Branch Baptist
Church located at 12207, 12217, 12227 and 12301 Second Branch
Road (Tax ID's 734-646-8791 & 9775; 735-646-0557, and 735-647
Part of 1214), in an Agricultural (A) District; appointed
Andrew G. Gillies, Director of Planning, as the Board's agent;
and waived disclosure requirements.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.17. APPROVAL OF AMENDMENT AND EXTENSION NO. 1 OF THE
FY2019/FY2020 CHESTERFIELD COMMUNITY SERVICES •
BOARD PERFORMANCE CONTRACT
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
approved the Amendment and Extension of the FY2019/FY2020
Performance Contract between the Chesterfield Community
Services Board and the Virginia Department of Behavioral Health
and Developmental Services.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.18. AUTHORIZE A POSITION AND ASSOCIATED FUNDING FOR
A FULL-TIME MEDIATION COORDINATOR FOR THE
JUVENILE AND DOMESTIC RELATIONS COURT
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
authorized a new position and associated funding for a full-
time Mediation Coordinator for the Juvenile and Domestic
Relations Court.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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7/22/2020
13.B.19. AMENDED TOWING CONTRACT
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
approved language changes to the Chesterfield County Police
Department Towing Contract as recommended by the Towing
Advisory Board. (It is noted a copy of the towing contract is
filed with the papers of this Board.)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.20. ACCEPTANCE OF STATE ROADS
On motion of Mr. Ingle, seconded by Mr. Holland, 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: Twilight Bluff
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: S 33.2-705, 33.2-334
Street Name and/or Route Number
• Evening Star Place, State Route Number 8215
From: South Twilight Lane, (Route 3086)
To: The cul-de-sac, a distance of: 0.11 miles
Recordation Reference: Plat Book 259, Page 58
Right of Way width (feet) = 40
• • South Twilight Lane, State Route Number 3086
From: Evening Star Place
To: 0.11 miles north of Spruce Pine Drive, (Route 3195), a
distance of: 0.10 miles.
Recordation Reference: Plat Book 259, Page 58
Right of Way width (feet) = 40
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• Oxer Road, State Route Number 3721
From: 0.09 miles northeast of Oxer Court, (Route 3722)
To: South Twilight Lane, (Route. 3086), a distance of: 0.08
miles
Recordation Reference: Plat Book 259, Page 58
Right of Way width (feet) = 40
• Oxer Road, State Route Number 3721
From: South Twilight Lane, (Route 3086)
To: The cul-de-sac, a distance of: 0.06 miles.
Recordation Reference: Plat Book 259, Page 58
Right of Way width (feet) = 40
• South Twilight Lane, State Route Number 3086
From: Oxer Road, (Route 3721)
To: Evening Star Place, a distance of: 0.15 miles
Recordation Reference: Plat Book 259, Page 58
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: The Villas at Westerleigh Section 2
Type Change to the Secondary System miles of State Highways:
Addition
Reason for Change: New Subdivision Street
Pursuant to Code of Virginia Statute: S 33.2-705, 33.2-334
Street Name and/or Route Number
• Kimmeridge Drive, State Route Number 7628
From: Cabretta Drive, (Route 7496) •
To: The cul-de-sac, a distance of: 0.04 miles
Recordation Reference: Plat Book 217, Page 30
Right of Way width (feet) = 50
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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13.B.21. SET A PUBLIC HEARING FOR AUGUST 26, 2020 TO
CONSIDER REPEALING THE ORDINANCES WAIVING
PENALTIES AND INTEREST ON UNPAID TRANSIENT
OCCUPANCY TAXES AND UNPAID UTILITY BILLS
On motion of Mr. Ingle, seconded by Mr. Holland, the Board set
the date of August 26, 2020, for a public hearing to consider
repealing the ordinances waiving penalties and interest on
unpaid transient occupancy taxes and unpaid utility bills.
• Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.22. 2020 LEGISLATIVE PROGRAM
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
added the following to the 2020 Legislative Program:
"Chesterfield County will review all legislation introduced in
the 2020 special session of the Virginia General Assembly and
will formulate our positions based on language in the bills
and the impacts on the community. We will oppose any
legislation that will result in our community being less safe."
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.23. AMENDMENT TO LIST OF COUNTY CULTURAL AND RELIGIOUS
OBSERVANCES
• On motion of Mr. Ingle, seconded by Mr. Holland, the Board
amended the list of County Cultural and Religious Observances
to include all public observances as established by
presidential proclamations.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
13.B.24. REQUEST TO QUITCLAIM PORTIONS OF A TWENTY-FOUR FOOT
/BMP ACCESS EASEMENT ACROSS THE PROPERTIES OF
NVR, INC., CAMBRIA COVE HOMEOWNERS' ASSOCIATION,
INC. AND HARVEY AND SUSAN CLARK
On motion of Mr. Ingle, seconded by Mr. Holland, the Board
authorized the Chair of the Board of Supervisors and the County
Administrator to execute a quitclaim deed to vacate portions
of a twenty-four foot SWM/BMP access easement across the
properties of NVR, Inc., Cambria Cove Homeowners' Association,
Inc. and Harvey and Susan Clark. (It is noted a copy of the
plat is filed with the papers of this Board.)
• Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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13.B.25. SET A PUBLIC HEARING TO CONSIDER AN ORDINANCE
ESTABLISHING TWO SATELLITE ABSENTEE VOTING
LOCATIONS FOR THE UPCOMING GENERAL ELECTION
On motion of Mr. Ingle, seconded by Mr. Holland, the Board set
the date of August 26, 2020, as a public hearing for the Board
to consider an ordinance establishing two satellite absentee
voting locations for the upcoming general election.
Ayes: Haley, Carroll, Ingle, Winslow and Holland. •
Nays: None.
The following item was removed from the Consent Agenda for
Board discussion:
13.B.12. APPROVAL OF A CONTRACT FOR HEALTH AND FITNESS
SERVICES TO CHIPPENHAM AND JOHNSTON-WILLIS
HOSPITALS INC. FOR CHESTERFIELD COUNTY FIRE
& EMS UNIFORMED MEMBERS
Ms. Haley stated she requested this item be removed from the
Consent Agenda because she serves on the Chippenham and
Johnston -Willis HCA Board.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved and authorized the County Administrator to execute a
contract with Chippenham & Johnston -Willis Hospitals, Inc.
(CJWH) for health and fitness services for Chesterfield County
Fire & EMS (CFEMS) which includes annual physicals and
associated medical testing and management of the firefighter
fitness program. •
Ayes: Carroll, Ingle, Winslow and Holland.
Nays: None.
Abstain: Haley.
14. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Mr. Patrick Murphey addressed the Board relative to the
adoption of a resolution protecting the Second Amendment gun
rights of county citizens.
(It is noted citizen comments on unscheduled matters received
through the online portal are attached as Attachment A.)
15. DEFERRED ITEMS
There were no Deferred Items at this time.
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16. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING
PLACED ON THE CONSENT AGENDA TO BE HEARD IN THE
FOLLOWING ORDER: - WITHDRAWALS/DEFERRALS - CASES
WHERE THE APPLICANT ACCEPTS THE RECOMMENDATION AND
THERE IS NO OPPOSITION - CASES WHERE THE APPLICANT DOES
NOT ACCEPT THE RECOMMENDATION AND/OR THERE IS PUBLIC
OPPOSITION WILL BE HEARD AT SECTION 18
• 20SN0529
In Dale Magisterial District, Three Hoos, LLC request (s)
rezoning from Agricultural (A) to Community Business (C-3) and
amendment of zoning district map in an Agricultural (A)
District on 1.5 acres known as 7337 Iron Bridge Road. Density
will be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Neighborhood Office use. Tax ID 773-674-1483.
Mr. Gillies presented a summary of Case 20SN0529 and stated
the Planning Commission and staff recommended approval and
acceptance of the,proffered conditions. He further stated no
citizen comments were received on the online portal.
Mr. Kerry Hutcherson, representing the applicant, accepted the
recommendation and stated he believes the proffered conditions
are reasonable under state law.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
• was closed.
Mr. Holland thanked Dr. Hylton and staff for their work on this
case.
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
approved Case 20SN0529 and accepted the following proffered
conditions:
The Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning Ordinance
of Chesterfield County, for itself and its successors or
assigns, proffer that the property under consideration in this
case ("the Property") will be used according to the following
proffer(s) if, and only if, the request submitted herewith is
granted with only those conditions agreed to by the Applicant.
In the event this request is denied or approved with conditions
not agreed to by the owners and Applicant, the proffer shall
immediately be null and void and of no further force or effect.
1. Connection to County Water and Sewer. The applicant or
developer shall connect the Property to County water and
• sewer at time of construction. (U)
2. Dedication. Prior to any site plan approval or within
sixty (60) days of a written request by the Transportation
Department, whichever occurs first, a one hundred (100)
feet of right of way on the east side of Iron Bridge Road
(Route 10), as measured from the centerline of that part
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of Route 10 immediately adjacent to the Property, shall
be dedicated free and unrestricted to and for the benefit
of Chesterfield County. (T)
3. Access.
a. Direct vehicular access from the property to Route
10 shall be limited to one (1) entrance/exit, if
approved by the Virginia Department of
Transportation (VDOT) (the "Approved Access").
b. Prior to final site plan approval, access easements,
acceptable to the Transportation Department, shall
be recorded from the Route 10 access to serve the
adjacent property to the north and south, or as
otherwise determined by the Transportation
Department at time of site plan review. (T)
4. Road Improvements. To provide an adequate roadway system
the Developer shall be responsible for the following road
improvements, which shall be completed as determined by
the Transportation Department. The exact alignment,
design, and length of these road improvements shall be
approved by the Transportation Department.
a. Construction of an additional lane of pavement along
the northbound lanes of Route 10 for the Property's
entire frontage along Route 10.
b. Construction of additional pavement along the
northbound lanes of Route 10 at the Approved Access
to provide a separate right turn lane;
C. Construction of a VDOT standard shared use path along
the entire Property frontage along Route 10, unless
otherwise modified by the Planning Department in
furtherance of the County's Bikeways and Trails Plan.
d. Dedication to Chesterfield County free and
unrestricted of any additional right of way or
easements required for the improvements identified
above. (T)
S. Phasing Plan. Prior to any site plan approval, a phasing
plan for the required road improvements, as identified in
Proffered Condition 4, shall be submitted to and approved
by the Transportation Department. (T)
6. Architectural Design and Materials. Any building
constructed on the Property shall generally conform, with
respect to both architectural design and building
materials, to those buildings currently located on
Chesterfield County Tax Map Parcels 774-656-2994 and 774-
656-3178. (P)
7. Prohibited Uses.
The following uses shall be prohibited
on
the Property:
a.
Recycling
receiving center, excluding recycling
drop-off bins,
b.
Taxidermy,
C.
Storage, outside,
d.
Automobile
rental,
e.
Automobile
repair,
f.
Automobile
sales,
g.
Automobile
service station, whether self-service,
manned, or
unmanned,
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•
•
h. Automobile accessory store, and
i. Automobile wash (P)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
2nPwnss7
• In Midlothian Magisterial District, Debra Wright requests
conditional use to permit a group care home and amendment of
zoning district map in a Residential (R-7) District on 0.2 acre
known as 6539 North Stevens Hollow Drive. Density will be
controlled by zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Medium High Residential use. Tax ID 768-693-1987.
Mr. Gillies presented a summary of Case 20SN0557 and stated
the Planning Commission and staff recommended approval,
subject to the conditions. He further stated no citizen
comments were received on the online portal.
Ms. Debra Wright, the applicant, accepted the recommendation
and conditions.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Ms. Haley, seconded by Mr. Holland, the Board
• approved case 20SN0557 subject to the following conditions:
1. Non -Transferable Ownership: This conditional use approval
shall be granted to and for Debra Wright, exclusively,
and shall not be transferable nor run with the land. (P)
2. Group Care Facility Residents: This conditional use
approval shall be limited to providing group care services
to a maximum of four (4) adolescent youth/young women,
ages 13 - 17, who reside on the premises. (P)
3. Occupancy: The applicant, Debra Wright, must occupy the
property as her full-time residence while the group care
facility is in operation. (P)
4. Expansion of Use: There shall be no exterior additions or
alterations to the existing structure to accommodate this
use, except alterations to meet Americans with
Disabilities Act (ADA), building code requirements, or
regulatory requirements pertaining to the operation of a
group care facility and the four (4) residents receiving
group care in the dwelling. (P)
5. Signage: There shall be no signs permitted to identify
this use. (P)
6. Time Limitation: This conditional use approval shall be
granted for a period not to exceed two (2) years from the
date of approval. (P)
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7. Employees: No more than four (4) employees shall be
permitted to work on the premises at any given time.
Except for on-site training required by the Virginia
Department of Social Services, staff meetings shall not
take place on the premises. (P)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
•
20SN0586
In Matoaca Magisterial District, Westerleigh FC LLC requests
amendment of zoning approval (Case 06SN0325) relative to
architectural design standards in a Residential (R-12)
District on 11.7 acre(s) fronting 565 feet on the west line of
Otterdale Road and having 36 lots under development fronting
Laurel Park Drive and Laurel Park Court. Tax ID 708-680-5365.
Mr. Gillies presented a summary of Case 20SN058G and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered condition. He further stated no
citizen comments were received on the online portal.
Ms. Kristen Keatley, representing the applicant, accepted the
recommendation.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed. •
In response to Mr. Gillies' question, Ms. Keatley stated she
believes the proffered condition is consistent with state law.
On motion of Mr. Carroll, seconded by Mr. Ingle, the Board
approved Case 20SN0586 and accepted the following proffered
condition:
With the approval of this request Textual Statement Item 2.a.7.
of Case 0GSN0325 shall be deleted. Except as outlined below
all other conditions of Cases 06SN0325 and 17SN0757 shall
remain in force and effect. The following condition is being
added:
1. Front loaded garages. Front loaded attached garages shall
be permitted to project a maximum of four feet (4')
forward of the front porch or front line of the main
dwelling. One (1) out of every ten (10) front loaded
garages shall be permitted to feature a garage that
extends more than four feet (41) provided that the garage
extends for a distance of not more than ten feet (101)
past the front line of the main dwelling. (P) •
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
Mr. Holland noted anticipated school impacts may be a moot
point if students are learning virtually.
20-540
7/22/2020
Mr. Carroll stated this subdivision was approved many years
ago, and this case is just a design change relating to how the
houses will be situated. He further stated it gives homebuyers
more flexibility in the design of new homes, and this section
is tucked away in the back of the subdivision.
20SN0592
• In Clover Hill Magisterial District, GEM Capital LLC requests
amendment of zoning approval (Case 19SN0571) relative to the
concept plan and development standards and amendment of zoning
district map in a Residential (R-12) District on 24.2 acres
fronting 250 feet on the east line of South Providence Road,
930 feet north of Shadymist Drive. Density will be controlled
by the zoning conditions or ordinance standards. The
Comprehensive Plan suggests the property is appropriate for
Suburban Residential II (2.0 to 4.0 dwelling units per acre).
Tax IDs 755 -698 -Part of 4828 and 756-698-3729.
Mr. Gillies presented a summary of Case 20SN0592 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions. He further stated no
citizen comments were received on the online portal.
Mr. Andy Scherzer, representing the applicant, accepted the
recommendation and stated he believes the proffered conditions
are reasonable under state law.
In response to Mr. Carroll's question relative to the square
• footage of the homes, Mr. Scherzer stated the homes and lots
are small, but there are many green areas within the project.
Mr. Carroll stated once the project has begun, they will not
be able to build the homes fast enough.
Mr. Scherzer stated the building community is looking forward
to delivering homes for the diverse needs of today's families.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
Mr. Winslow noted this case came before the Board last year.
He stated the project overlooks Pocoshock Creek and neighbors
Bethany Place Church on South Providence Road. He further
stated this is a high-quality, single-family neighborhood, and
he expressed his pleasure with this product.
On motion of Mr. Winslow, seconded by Mr. Holland, the Board
approved Case 20SN0592 and accepted the following proffered
• conditions:
Except as outlined below, all other conditions of Case 19SN0571
shall remain in force and effect. With the approval of this
request, the following conditions are being amended:
20-541
7/22/2020
With the approval of this request, Proffered Condition 1 and
Textual Statement Item II of Zoning Case 19SN0571 shall be
amended as follows:
1. Master Plan. The Master Plan for the Property shall
consist of the following, which are made a part of these
proffered conditions by this reference thereto, and shall
be considered the Master Plan:
a. The Textual Statement dated May 5, 2020.
b. The Conceptual Plan, Exhibit A, last revised May 19,
2020, prepared by Balzer and Associates, Inc.
Development of the Property shall generally conform
to the Conceptual Plan, with respect to the general
layout of roads and lots, and the general location
of sidewalks, open space, common area, buffers and
fencing. Adjustments to the Conceptual Plan may be
approved at the time of site plan review, provided
such adjustments substantially retain the
relationship between lots, rights of way, open space
and common area. If adjustments are deemed to be
significant, the Conceptual Plan shall be presented
to the Planning Commission for final approval.
C. Conceptual Elevations, Exhibit B, last revised May
5, 2020:
i. Elevations 1 through 16 approved with Zoning
Case 19SN0571.
ii. Additional elevations 17 through 28 for lots
with a width of 35 feet to 45 feet.
d. Compiled Zoning Exhibit, Exhibit C, dated October
29, 2018, prepared by Balzer and Associates, Inc.
(P)
With the approval of this request, Proffered Condition 8.c.v.
of Zoning Case 19SN0571 shall be amended as follows:
2. Special Focus Units. Eight (8) units shall have an
embellished front and/or corner side fagade with enhanced
features. There units shall typically be located on lots
at the end of a street intersection and/or against common
space, such as lots 1, 14, 22, 29, 37, 46, 56, and 68 on
Exhibit A. As the final subdivision plat may not exactly
match Exhibit A, the special focus unit lots shall be
determined in conjunction with construction plan
approval. Embellished facades may include a mixing of
materials, gables, dormers, entryway details, shutters,
or other architectural features on the exterior that
enhance the entry (i.e. decorative lintels, shed roof
overhangs, arches, columns, keystones, eyebrows, etc.),
as depicted in Elevations 1 through 10 of Exhibit B. These
eight (8) special focus units shall be inclusive of the
20% of the dwelling units as described in Proffered
Condition 8.c.iv in Zoning Case 19SN0'571. (P)
The Applicant offers the following proffered conditions:
3. Cluster Mailbox Units. Cluster Mailbox Units (CBU's) for
mail delivery shall not be located in front or corner side
yards of individual lots. The exact location of Cluster
Mailbox Units shall be determined in conjunction with
construction plan approval. (P)
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7/22/2020
•
•
1]
4. Overlook. Where feasible, and in a different location than
a focal point, seating to accommodate a wildlife viewshed
or overlook shall be constructed within the development.
Alternate designs, such as enhancement to the Cluster
Mailbox areas, may be approved if overlook is not feasible
due to regulations. The exact location and design shall
be determined in conjunction with construction plan
approval. (P)
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
20SN0601
In Bermuda Magisterial District, Carrie E. Coyner Trustee
requests amendment of zoning approval (Case 87SN0174) related
to buffers, and amendment of zoning district map on 23.9 acres
fronting 1,150 feet along the north side of Ashton Park Drive
and 1,560 feet along the east side of Ruffin Mill Road. Density
will be controlled by zoning conditions or ordinance standards.
The Comprehensive Plan suggests the property is appropriate
for Industrial use and Suburban Residential II use (2.0 to 4.0
dwellings per acre). Tax ID 813 -639 -part of 1971.
Mr. Gillies presented a summary of Case 20SN0601 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Mr. Kerry Hutcherson, representing the applicant, accepted the
• recommendation and stated he believes the proffered conditions
are reasonable under state law.
Ms. Haley called for public comment.
There being no one to address the issue, the public hearing
was closed.
On motion of Mr. Ingle, seconded by Mr. Carroll, the Board
approved Case 20SN0601 and accepted the following proffered
conditions:
The Applicant in this case, pursuant to Section 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning Ordinance
of Chesterfield County, for itself and its successors or
assigns, proffer that the property under consideration in this
case ("the Property") will be used according to the following
proffer(s) if, and only if, the request submitted herewith is
granted with only those conditions agreed to by the Applicant.
In the event this request is denied or approved with conditions
not agreed to by the owners and Applicant, the proffer shall
immediately be null and void and of no further force or effect.
t1. The Applicant hereby amends Zoning Case 87SN0174 by
modifying the first sentence of Proffered Condition 6 to
read as follows: "A 100 -foot wide buffer shall be provided
along the Property's frontage on Ruffin Mill Road.
Vegetation existing within this buffer shall be
retained."
20-543
7/22/2020
The Applicant hereby proffers the following additional
conditions:
2. Landscaping Strip A. At time of construction, the
Applicant shall provide a landscaping strip, measuring
ten (10) feet in width, eastward from the eastern edge of
the 100 -foot wide buffer along Ruffin Mill Road
("Landscaping Strip A"). Landscaping Strip A shall be
planted with a single row of evergreen trees, each being
at least six (6) feet in height at time of planting,
spaced ten (10) feet apart on center, and located on the
west side of the fencing. A chain link fence, measuring
eight (8) feet in height, shall be installed within
Landscaping Strip A; said fence shall feature one of the
following to reduce visibility through the fence: slats
constructed of durable material and painted a neutral
color, windscreen, or similar material. Landscaping
Strip A shall extend from the southwest corner of the
Property to the southern side of the proposed building
and to the north of the building approximately thirty (30)
feet, generally as shown on EXHIBIT A.
3. Setback for Proposed Building. The proposed storage
building shall be setback ten (10) feet to the east of
the 100 -foot buffer.
4. Storage Yard Setback. The southwestern portion of the
storage yard shall be setback forty (40) feet from the
northeastern edge of the Virginia Department of
Transportation drainage easement, as generally shown on
EXHIBIT A (the "40 -Foot Setback"). Existing trees located •
within the 40 -Foot Setback, shall be retained.
5. Landscaping Strip B. At time of construction, the
Applicant shall provide a landscaping strip, measuring
ten (10) feet in width, adjacent the 40 -Foot Setback, as
generally shown on EXHIBIT A ("Landscaping Strip B").
Landscaping Strip B shall be planted with a single row of
evergreen trees, each being at least six (6) feet in
height at time of planting, spaced ten (10) feet apart on
center, and located on the street -facing side of the
fence. A powder -coated chain link fence, measuring eight
(8) feet in height, shall be installed within Landscaping
Strip B; said fence shall feature one of the following in
order to reduce visibility through the fence: slats
constructed of a durable material and painted a neutral
color, a windscreen, or similar material.
6. Berm and Fencing Along Ashton Park Drive. An earthen
berm, measuring four (4) feet in height, and a chain link
fence, measuring eight (8) feet in height, shall be
installed along Ashton Park Drive, as generally shown on
EXHIBIT A, but breaks in the berm and fence shall be •
permitted to accommodate entrances.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
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17. PUBLIC HEARINGS
17.A. TO CONSIDER THE CONVEYANCE OF EASEMENTS TO
THE COMMONWEALTH OF VIRGINIA AND VIRGINIA ELECTRIC
AND POWER COMPANY FOR THE ROUTE 641, DUNDAS ROAD,
VDOT BRIDGE REPLACEMENT PROJECT
Mr. Dean Sasek, Real Property Manager, stated this date and
time has been advertised for a public hearing for the Board to
• consider the conveyance of easements to the Commonwealth of
Virginia and Virginia Electric and Power Company for the Route
641, Dundas Road, VDOT Bridge Replacement Project. He further
stated VDOT has requested the county convey a variable width
joint use easement, and Virginia Electric and Power Company
has requested an easement in the same area for relocation of
a power pole. He stated the request has been reviewed by county
and Schools staff who recommend approval.
Ms. Haley 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 Mr. Holland, the Board
approved the conveyance of a variable width easement to the
Commonwealth of Virginia and Virginia Electric and Power
Company for the Route 641, Dundas Road, VDOT Replacement
Project.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.B. TO CONSIDER AMENDMENT TO THE LEASE AGREEMENT BETWEEN
THE COUNTY OF CHESTERFIELD AND THE FIRST TEE OF
GREATER RICHMOND
Mr. Bob Smet, Assistant Director of Parks and Recreation,
stated this date and time has been advertised for a public
hearing for the Board to consider amending the lease agreement
between the county and The First Tee of Greater Richmond. He
further stated First Tee has requested the lease be amended to
allow alcohol to be served at fundraising events held at the
facility. He stated staff supports this request.
In response to Mr. Carroll's question relative to who the
permitholder would be for any given event, Mr. Smet stated the
sponsor of the event would need to first obtain an ABC permit
and then successfully complete an internal county approval
process.
Mr. Mincks stated this lease amendment would allow that to
happen.
Mr. Carroll stated approval of the lease amendment would help
P
The First Tee become competitive with other golf courses.
Ms. Haley called for public comment.
20-545
7/22/2020
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Ingle, seconded by Mr. Winslow, the Board
approved an amendment to the lease agreement dated June 1, 1998
between the county and The First Tee of Greater Richmond to
allow alcohol to be served at fundraising events held at the
facility.
Ayes: Haley, Carroll, Ingle, Winslow and Holland. •
Nays: None.
17.C. TO CONSIDER THE ABANDONMENT OF PORTIONS OF OMO ROAD,
STATE ROUTE 739
Mr. Sasek stated this date and time has been advertised for a
public hearing for the Board to consider the abandonment of
portions of Omo Road, State Route 739. He further stated the
request has been reviewed by county staff, VDOT, Comcast, and
Verizon, and approval is recommended since there is no public
necessity for the portions of the road to be abandoned.
In response to Mr. Holland's question, Mr. Sasek clarified
abandonment means removal from the Secondary System of State
Highways which is maintenance by VDOT. He stated certifying
that there is no public necessity is a VDOT requirement so the
property can be subsequently conveyed after it is removed from
VDOT's system. He further stated after VDOT certifies the
abandonment, staff will have to come back to the Board in order
to vacate the right-of-way because the right-of-way was vacated
by subdivision in the past.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Carroll, the Board
adopted the following resolution and order:
WHEREAS, a sketch has been provided to the Board of
Supervisors of Chesterfield County depicting portions of Omo
Road, State Route 739, to be abandoned from the Secondary
System of State Highways; and,
WHEREAS, pursuant to a resolution of this Board, dated
May 27, 2020, the required notices of the County's intent to
abandon portions of Omo Road, State Route 739, identified as
segment A -B 0.05 miles and segment C -D 0.06 miles on the
attached sketch, have been given in that: on June 8, 2020, a
notice was posted in at least three places along Omo Road,
State Route 739, and on July 8, 2020, and on July 15, 2020, a
notice was published in the Richmond Times -Dispatch having
general circulation within the County announcing this Public
Hearing to receive comments concerning the proposed
abandonment; and on June 3, 2020, notice was sent to the
Commissioner of Highways; and,
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LJ
•
WHEREAS, after considering all evidence available, this
Board is satisfied that no public necessity exists for the
continuation of the portions of Omo Road, State Route 739,
identified as segment A -B 0.05 miles and segment C -D 0.06
miles, since it serves no public necessity and is no longer
necessary as part of the Secondary System of Highways.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby abandons the above described
• segments of Omo Road, State Route 739, and removes them from
the Secondary System of State Highways, pursuant to Section
33.2-909, Code of Virginia, 1950, as amended.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Chesterfield Residency Engineer
for the Virginia Department of Transportation at 3301 Speeks
Drive, Midlothian, VA 23112.
AND, BE IT FURTHER RESOLVED, that the Board of Supervisors
does hereby request that the Commissioner of Highways certify
in writing that Omo Road, State Route 739, hereby abandoned is
no longer necessary for uses of the Secondary System of State
Highways pursuant to Section 33.2-913, Code of Virginia, 1950,
as amended.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
17.D. TO CONSIDER AMENDMENTS TO COUNTY CODE SECTION 14-21,
RELATING TO CURSING AND SWEARING IN PUBLIC
• Mr. Mincks stated this date and time has been advertised for a
public hearing for the Board to consider amending County Code
Section 14-21 relative to cursing and swearing in public. He
further stated the 2020 General Assembly decriminalized
profanely cursing and swearing in public by removing those
provisions from Section 18.2-388, and the County Code must be
amended to remain consistent with state law. He stated public
intoxication will remain a Class 4 misdemeanor under the
amended ordinance, and the county ordinance prohibiting
disorderly conduct and disturbances of the peace will remain
in full force and effect.
In response to Mr. Winslow's question, Mr. Mincks stated what
a person says is not criminalized, but a person could say
things in such a way to incite violence which might be
criminalized. He further stated the words themselves are no
longer criminalized.
Ms. Haley 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 Mr. Holland, the Board
adopted the following ordinance:
20-547
7/22/2020
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-
ENACTING SECTION 14-21, RELATING TO PROFANE SWEARING AND
PUBLIC INTOXICATION, AND PROVIDING FOR A PENALTY
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 14-21, of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to •
read as follows:
Sec. 14-21. - Profane swearing and intoxication;
transportation of public inebriates to detoxification center.
If any person is intoxicated in public, whether the
intoxication results from alcohol or any other intoxicant or
drug, he shall be guilty of a misdemeanor punishable by a fine
of not more than $250.00. A law-enforcement officer may
authorize the transportation, by police or otherwise, of
intoxicated persons to a court -approved detoxification center
in lieu of arrest. However, no person shall be involuntarily
detained in a detoxification center.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes:
Haley, Carroll, Ingle, Winslow and Holland.
Nays:
None.
17.E.
TO CONSIDER
THE READOPTION OF AN AMENDMENT TO SECTION
•
9-51 OF THE
COUNTY CODE TO WAIVE THE ACCRUAL OF
INTEREST ON
DELINQUENT PERSONAL PROPERTY TAX PAYMENTS
DUE ON JUNE
5, 2020 UNTIL AFTER JULY 31, 2020 AND TO
ADOPT ON AN
EMERGENCY BASIS A WAIVER OF PENALTY AND
INTEREST UNTIL AFTER AUGUST 31
Mr. Mincks stated this date and time has been advertised for a
public hearing for the Board to consider readoption of an
amendment to Section 9-51 of the County Code to waive the
accrual of interest on delinquent personal property tax
payments due on June 5, 2020 until after July 31, 2020, and to
adopt on an emergency basis a waiver of penalty and interest
until after August 31, 2020.
Ms. Haley called for public comment.
There being no one to speak to the issue, the public hearing
was closed.
On motion of Mr. Holland, seconded by Mr. Ingle, the Board
adopted the following ordinance: •
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7/22/2020
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF
CHESTERFIELD,1997, AS AMENDED, BY AMENDING AND RE-ENACTING
SECTION 9-51 RELATING TO THE IMPOSITION OF PENALTIES AND
INTEREST FOR THE LATE PAYMENT OF PERSONAL PROPERTY TAX
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 9-51 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 9-51. - Payment.
(a) The tangible personal property tax levied on personal
property, including mobile homes, and the machinery and
tool tax levied on machinery and tools is due and payable
on June 5 of each calendar year; however, any prorated
tax levied on motor vehicles shall be due and payable in
accordance with sections 9-52 et seq. Any person failing
to pay such taxes on or before the due date shall incur
a penalty of ten percent which shall be added to the
amount of taxes owed from such taxpayer. The treasurer
shall account for the penalty collected in his settlement.
(b) All returns of tangible personal property subject to
taxation, including mobile homes, machinery and tools,
shall be filed by every person liable for the tax with
the office of the commissioner of the revenue on forms
furnished by it, on or before March 1 of each calendar
year; however, every person liable for any prorated tax
• shall file a return in accordance with section 9-53. Any
person failing to file such return on or before the due
date shall incur a penalty of ten percent which shall be
added to the amount of taxes or levies due from such
taxpayer. The treasurer shall account for the penalty
collected in his settlement. There shall be no penalty
for any person liable for a prorated tax who fails to file
a return or when the property subject to taxation is a
motor vehicle or a mobile home if the billing date is
January 1, 2017 or later.
(c) In addition to the penalties provided herein, any such
taxes remaining unpaid on the first day of the month next
following the month in which such taxes become due, shall
be delinquent and shall accrue interest at ten percent
per annum.
(d) Upon a written request, the commissioner of the revenue
may extend the time for filing tangible personal property
returns. The taxpayer must submit a request for an
extension of time on or before March 1, including the
reason for the extension request. Upon receipt of such
• request, the commissioner of the revenue may grant or
refuse the request, and shall notify the taxpayer of his
decision. Any extension of the filing date shall be for
a fixed number of days, but not more than 60 days.
(e) Motor vehicle, boat or trailer owners are required to file
a new personal property tax return on or before March 1
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7/22/2020
of any tax year for which there is (i) a change in the
name or address of the person or persons owning the
vehicle; (ii) a change in the situs of the vehicle; or
(iii) any other change affecting the assessment of the
personal property tax on the vehicle for which a tax
return was previously filed. Unless and until such a new
personal property tax return is filed, the most recent
tax return filed prior to January 1, 1996 or any return
filed thereafter shall be the basis for the assessment of
a motor vehicle boat or trailer. Motor vehicle, boat or
trailer owners are required to file a return as stated in
sections 9-51(b) and 9-53 when acquiring one or more
vehicles for which no personal property tax return has
been filed with the county.
(f) Notwithstanding the provisions provided above to the
contrary, no payment due on June 5, 2020 shall, if
delinquent, accrue interest or incur a penalty until after
August 31, 2020.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
18. REMAINING MANUFACTURED HOME PERMITS AND ZONING REQUESTS
There were no remaining manufactured home permits or zoning
requests.
19. FIFTEEN -MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no speakers at this time.
(It is noted citizen comments on unscheduled matters received
through the online portal are attached as Attachment A.)
On motion of Mr. Holland, seconded by Mr. Winslow, the Board
went back into closed session pursuant to 1) Section 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
where discussion in an open meeting would adversely affect the
bargaining position and negotiating strategy of the county and
2) Section 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 county.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
20-550
7/22/2020
•
•
•
Reconvening:
On motion of Mr. Holland, seconded by Mr. Ingle, The Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with a formal vote of the
Board and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act effective
July 1, 1989 provides for -certification that such Closed
Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, i) only public business matters lawfully exempted
from open meeting requirements under the Freedom of Information
Act were discussed in Closed Session to which this
certification applies, and ii) only such business matters were
identified in the motion by which the Closed Session was
convened were heard, discussed or considered by the Board. No
member dissents from this certification.
Mr.
Ingle:
Aye.
Mr.
Winslow:
Aye.
Mr.
Holland:
Aye.
Mr.
Carroll:
Aye.
Ms.
Haley:
Aye.
•
20.
ADJOURNMENT
•
On motion of Mr. Winslow, seconded by Mr. Ingle, the Board
adjourned at 9:15 p.m. until August 10, 2020, at 8:30 a.m. for
a retreat.
Ayes: Haley, Carroll, Ingle, Winslow and Holland.
Nays: None.
s
l
9
Josep P. Casey Leslie A. T. Haley
Co y Administrator Chairman
20-551
7/22/2020
Attachment A
Board of Supervisors Meeting July 22, 2020
Citizen Comments on Unscheduled Matters and Public Hearings
Comment
Date
First Name
Last Name
District
Category
Comments
6/25/2020
No
comment
submitted
6/26/2020
No
comment
submitted
6/27/2020
No
comment
submitted
6/28/2020
No
comment
submitted
6/29/2020
No
comment
submitted
6/30/2020
No
comment
submitted
7/1/2020
No
comment
submitted
7/2/2020
No
comment
submitted
7/3/2020
No
comment
submitted
7/4/2020
No
comment
submitted
7/5/2020
No
comment
submitted
7/6/2020
No
comment
submitted
7/7/2020
No
comment
submitted
7/8/2020
No
comment
submitted
7/9/2020
No
comment
submitted
7/10/2020
No
comment
submitted
7/11/2020
No
comment
submitted
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7/22/2020
so
•
•
7/12/2020
No
comment
submitted
7/13/2020
No
comment
submitted
7/14/2020
No
comment
submitted
7/15/2020
No
comment
submitted
7/16/2020
No
comment
submitted
7/17/2020
No
comment
submitted
7/18/2020
No
comment
submitted
7/19/2020
No
comment
submitted
7/20/2020
Joshua
Abig
Matoaca
Citizen
Virtual Learning. On
Comment on
Monday, School
Unscheduled
superintendent
Matters
Daugherty
recommended that the
Chesterfield County
School District open
with full virtual
learning (except for
ESL students). This will
mean a huge reduction
in overhead for the
county. When will we
see property tax
refunds for the
reduction in the cost of
schooling for our
children? How will
Chesterfield protect
our kids that will now
rely on Child Care
Centers to be
teachers? What county
licensing will be put in
place to ensure that
our childcare centers
are trained and
educated on how to
properly teach our kids
while we are at work?
A vote for virtual
learning means that
the cost to hold
schools across the
county will be reduced
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7/22/2020
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substantially. When do
we get our refunds?
7/20/2020
Christina
Swartz
Clover Hill
Citizen
Who is in charge of
Comment on
county finance
Unscheduled
reallocation? If
Matters
chesterfield goes to
virtual schooling
parents need to have
money reallocated.
7/21/2020
Carl
Schwendem
Midlothian
Citizen
Chesterfield County
an
Comment on
currently has a
Unscheduled
proposed water main
Matters
project will dig up
Huguenot Road
between the
intersection of
Evansway Road and
Huguenot Road from
the county water
storage tank tank. The
new 24 inch water
main will run under
Huguenot Road till it
reachesthe
intersection of
Huguenot Road and
Penrose Drive. The
new water main will
also run under Mall
Drive between Kroger
Center Boulevard and
Route 60.
If Chesterfield County
is planning to dig up
Huguenot Road and
Mall Drive and buy
right of way for this
new water main then
they should use this as
a buy one get one free
event to add new
sidewalks along Mall
Drive and Huguenot
Road and the other
roads that this new
water main will run
under.
There is also a
proposal to replace the
water lines under Hull
Street around
Walmsely Boulevard
and that section of Hull
Street lacks sidewalks.
There also a proposal
to replace the old
water mains under
Ruthers Road with 20
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20-555
7/22/2020
inch and 24 inch water
mains. This large water
main project would be
a good chance for
Chesterfield County to
add a new sidewalk to
Ruthers Road.
Thank you Carl
Schwendeman
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7/22/2020